1 This is a ("user agreement" or "agreement") between Losapos.com ("we", "our," "us") and you. This agreement sets the terms of your use of the LosApos.com website and services ("LosApos"). This agreement is meant to encourage a fair and tolerant place for ideas, people, links, and discussion.
2 This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use LosApos.com.
3 Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to LosApos.com, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from LosApos.com.
4 We reserve the right to monitor LosApos.com and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
5 LosApos.com is designed and supported for personal use only. You may not use this website to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
6 LosApos.com is intended to be a place for your entertainment. We are not responsible for any decisions you make based on something you read on this website.
7 To participate on LosApos.com, you must create an account that includes a username and password ("Your Account") and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also browse LosApos.com without logging in.
8 You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
9 You may not license, transfer, sell, or assign Your Account without our written approval.
10 LosApos.com contains graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, which we call "LosApos content." LosApos content is protected by intellectual property laws including copyright and other proprietary rights of Belgium and foreign countries.
11 We grant you the right to access the LosApos content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display LosApos content, except as permitted by the doctrine of fair use or as authorized in writing by us.
12 You retain the rights to your copyrighted content or information that you submit to LosApos.com ("user content") except as described below.
13 By submitting user content to LosApos.com you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
14 You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
15 We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to LosApos.com.
16 LosApos.com is a place with many third-party hyperlinks posted by users like you. We are not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and this agreement does not apply to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.
17 You also agree to follow the LosApos.com Content Policy. These guidelines are intended to keep people safe, protect kids, keep LosApos.com running, and to encourage personal responsibility for what you do on our website.
18 You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam. Cluttering LosApos.com with this sort of content reduces the quality our website for others.
19 You agree not to interrupt the serving of LosApos.com, introduce malicious code onto LosApos.com, make it difficult for anyone else to use LosApos.com due to your actions, or assist anyone in misusing LosApos.com in any way.
20 We support the responsible reporting of security vulnerabilities. To report a security issue, please send an email to firstname.lastname@example.org or participate in our whitehat wiki.
21 We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on LosApos.com that we deem to be infringing the copyright of others. If you become aware of user content on LosApos.com that infringes your copyright rights, you may submit a request to email@example.com.
22 Please send us following information in case of a Copyright infringement:
1.The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2.Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
3.The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
4.Your name, address, telephone number and email address;
5.A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
6.A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
23 If we remove your user content in response to a copyright or trademark notice, we will notify you via e-mail. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can send a counter-notice that includes the following:
1.Your physical or electronic signature;
2.Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
3.A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4.Your name, address, and telephone number, and a statement that you consent to the judicial district in which the service provider may be found, and that you will accept service of process from the person who provided the notification.
24 Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on LosApos.com before that period passes, we will consider restoring your user content to the site.
25 It is LosApos.com's policy to close the accounts of users we identify as infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has been charged with infringing the copyrights or other intellectual property rights of others.
26 All the things you do and all the information you submit or post to LosApos.com remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
27 Specifically, you agree to hold LosApos.com and it's owner harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of LosApos.com, your violation of this user agreement, and/or your violation of the rights of any third party or person.
28 We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use LosApos.com, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages.
29 You agree to release us, and our owners from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of LosApos.com.
30 We want you to enjoy LosApos.com, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at firstname.lastname@example.org.
31 Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of Belgium. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Leuven.
32 If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
33 If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
34 This user agreement is the entire agreement between you and us concerning LosApos.com. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. By continuing to use LosApos.com after a change to this agreement, you agree to those changes.