CAREFULLY. BY ACCESSING OR USING OUR SITE, SERVICES, OR LINKS, YOU
HEREBY AGREE TO BE BOUND BY ALL THE TERMS INCORPORATED HEREIN
BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS
AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR
SERVICES. THIS TERMS OF USE SERVICE AGREEMENT IS LAST UPDATED
02/27/2023.
Warranty Disclaimer.
ALL READINGS AND REPORTS ARE FOR ENTERTAINMENT PURPOSES ONLY
AND SHOULD NOT BE CONSTRUED AS MEDICAL, LEGAL OR FINANCIAL
ADVICE ON ANY SUBJECT MATTER. THE PLATFORMS MAY INCLUDE TAROT
READINGS AND ASTROLOGICAL CONTENT AND REPORTS WITHOUT
LIMITATIONS. ANTON PAZ MUNDO LLC DOES NOT GUARANTEE ANY ADVICE,
INFORMATION OR OTHER SERVICES PROVIDED, NOR DOES IT WARRANT THE
VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR
APPLICABILITY OF THE CONTENT, ANYTHING SAID OR WRITTEN BY, OR ANY
ADVICE PROVIDED BY, MR. ANTON PAZ. ********* A READING IS NEVER TO BE
TAKEN TO OVERRIDE MEDICAL, PSYCHOLOGICAL, LEGAL, OR FINANCIAL
ADVICE. THIS IS STRICTLY AN ENTERTAINMENT PURPOSES.*********
THE PLATFORMS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT
WARRANTIES OF ANY KIND. YOU USE THE PLATFORMS AT YOUR OWN SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ANTON PAZ MUNDO LLC
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT
RELATED TO OR ARISING OUT OF THE PLATFORMS, ANY MATERIALS OR
USER CONTENT ON THE PLATFORMS, OR ANY PRODUCTS OR PLATFORMS
PURCHASED OR MADE AVAILABLE ON THE PLATFORMS. ANTON PAZ MUNDO
LLC DOES NOT WARRANT THAT THE PLATFORMS WILL PROVIDE
CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. ANTON PAZ
MUNDO LLC ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS,
INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR
LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE
UNAVAILABILITY OF THE PLATFORMS. ANTON PAZ MUNDO LLC ASSUMES NO
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR
VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY
ARISING FROM YOUR USE OF THE PLATFORMS.
Limitation of Liability And Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANTON PAZ
MUNDO LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PLATFORMS PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR
ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON
CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY
OTHER LEGAL THEORY, INCLUDING, AND NOT LIMITED TO, THOSE ARISING
OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE
PLATFORMS OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY
CONTENT IN THE PLATFORMS; (ii) THE PLATFORMS OR THE CONDUCT OF
OTHER USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE
PRODUCTS AND SERVICES PURCHASED THROUGH THE PLATFORMS; (iv)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR
PERSONAL DATA; (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORMS BY ANY
THIRD PARTY; (vi) ANY OTHER MATTER RELATING TO THE PLATFORMS OR
ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PLATFORMS.
IN NO EVENT WILL ANTON PAZ MUNDO LLC’S LIABILITY FOR ANY DAMAGES
OR LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE
AGGREGATE AND PAID AMOUNTS TO ANTON PAZ MUNDO LLC DIRECTLY AND
FOR ANTON PAZ MUNDO LLC PRODUCTS AND/OR SERVICES PURCHASED
THROUGH THE PLATFORMS IN THE MONTH PRECEDING THE DATE OF THE
EVENT GIVING RISE TO THE CLAIM UPON WHICH LIABILITY IS BASED.
Applicable law may not allow certain limitations or exclusions of liability, so some
of the above limitations may not apply to you.
TERMS OF USE SERVICE AGREEMENT
Agreement between User and https://anton-paz.com
Welcome to https://anton-paz.com . The https://anton-paz.com website (the “Site”) is
comprised of various web pages operated by ANTON PAZ MUNDO LLC (“APM”).
https://anton-paz.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the “Terms”). Your
use of https://anton-paz.com constitutes your agreement to all such Terms. Please read
these terms carefully and keep a copy of them for your reference as they affect your
legal rights and obligations, including, and not limited to, waivers of rights, dispute
resolution, limitation of liability, and your indemnity to us.
https://anton-paz.com is an Entertainment Site and one is to always use their common
sense and good logic when making choices. This webpage is not designed to override
one’s good senses. It is an entertainment site, and the final choice always rests with the
person himself or herself. https://anton-paz.com provides astrological and tarot
entertainment services (“Services”), including providing astrology services, publishing
newsletters, blogs, podcasts, videos, horoscopes, and other astrological content.
Your use of the Services and the https://anton-paz.com Site and applications
(collectively, the “Sites”), including, without limitation, all content, information, text,
questions, comments, ideas, graphics, images, tools, videos, podcasts, connecting sites, and software programs contained in the Sites and related materials, is governed by these terms and conditions of use (“Terms of Use”), and is subject to arbitration (as
set forth below).
The Services and the Sites are provided by ANTON PAZ MUNDO LLC for
entertainment purposes only. You must be eighteen (18) years of age or older to
visit the site or have a reading, alternatively, you may have an adult 18 years of age or older with you who takes on the contractual responsibility of this agreement years of age or older to sign up to receive horoscopes and newsletters. All purchases of Services using credit cards, debit cards, PayPal accounts, or other payment mechanisms shall only be made by the card or account holder. At ANTON PAZ MUNDO we want you to enjoy and benefit from what we have to offer to you. Mr. Anton Paz make every effort to provide you with helpful advice. However, this information should not be used in place of any recommendations by medical, legal, or financial professionals or other professional counselors. It is your responsibility to evaluate any information,
opinion, advice, or other content provided through the Sites or in conjunction
with the Services and to use good judgement.
ACCEPTANCE OF TERMS
The following Terms of Use Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with the Anton Paz Mundo LLC (APM), located at 1912 N. Broadway, Santa Ana, CA. 92706 and our subsidiaries and affiliates, in association with the use of the APM website.
ACCEPTANCE PROCEDURE AND CHANGES TO TERMS
By visiting and using the Sites or Services, you acknowledge that you have read the Terms of Use and that you accept and agree, without limitation or qualification, to be bound by the terms hereof. ANTON PAZ MUNDO LLC reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your continued access to and use of the Sites and/or Services will be deemed to be your acceptance of and
agreement to any such changed terms and conditions. The most current version of the Terms will supersede all previous versions. If you do not wish to be bound to these Terms of Use (or any revisions to these Terms of Use), you must discontinue use of the Sites and the Services and immediately cancel your Account by emailing our Customer
Service at Laspuertas12@gmail.com. APM encourages you to periodically review the Terms to stay informed of our updates.
PRIVACY POLICY
We know that the privacy of your personal information is important to you. The personal information you submit to ANTON PAZ MUNDO is governed by the Privacy Policy https://anton-paz.com/privacy-policy, which is incorporated herein by reference and made a part of these Terms of Use. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.
RULES OF SERVICE
Not for Use in Certain Jurisdictions
The Services may not be used by residents of any jurisdiction where such use is prohibited.
Age
To sign-up to receive horoscopes and newsletters, you must be sixteen (16) years of age or older. To access Readings, you must be eighteen (18) years of age or older.
Account
To access Readings, you must create an Account. You certify that the information given to ANTON PAZ MUNDO LLC upon opening your Account, as well as all changes you make to your account, is true and complete. ANTON PAZ MUNDO LLC will not be responsible for any false statements you make in connection with your Account, including your age or being of sound mind.
Payment and Charges
You agree to pay for all Services and Products, including Readings, as per the current price as published on the website. The amount is for the reader’s time and not for the entertainment value given, thus all readings are nonrefundable regardless of the perceived entertainment value, or otherwise, of the reading itself -- if the time is set aside by Mr. Anton Paz, as per the request of the client, the reading is due and payable in full without the possibility of refund. Charges for Readings are calculated based on
full-minute increments, and the length of a Reading is rounded up to the next full-minute at the end of each Reading. For all purchases of Services, you agree that you will use only credit cards, debit cards, PayPal accounts, or other payment mechanisms for which you are the card or account holder.
Confidentiality of Account Information
You agree to maintain the confidentiality of your Account information, including your
password (“Password”) and personal identification number (“PIN”), and to notify the Company of any unauthorized use of your Account, Password or PIN, or any other breach of security.
Recording and Retention of Readings
You agree that you will not use any audio or video recording or retention
devices/technology in connection with Readings, and you will not otherwise make any recordings, copies, scans, or transcriptions of Readings, including Readings by phone, chat or direct message, without the prior written consent of the Company. You acknowledge and agree that Company may record chat and direct message Readings.
Although Company may provide you with access to recordings of your chat and direct message Readings, you acknowledge and agree that, at any time in its discretion, Company may (i) delete such recordings, and/or (ii) terminate your access to such recordings.
Refusal of Services
We reserve the right to refuse the provision of Services to any person for any reason.
We have the right to terminate the provision of Services and/or access to the Site and the related services or any portion thereof at any time, without notice. We reserve the right to terminate any particular session at any time if a customer’s comments and/or
behaviors are deemed by us to be inappropriate, abusive, or threatening. Such a customer may be denied future access to the Sites and/or Services. Any such report made by us shall not be deemed a violation of our Privacy Policy.
Our Satisfaction Guarantee
We don't guarantee the satisfaction of our readings, we only guarantee the time booked.
The client is being charged for Mr. Anton Paz’s time rather than the content of the
reading. Thus, if a client is not pleased with a reading’s entertainment value, there shall be no refunds, discounts on future readings, or anything of that nature. On the other hand, if the time of a reading is interrupted due to technical difficulties be it on Mr. Anton Paz’s side or the client’s side, then the remainder of the time can be scheduled for a different, subsequent time. It is the client’s responsibility to inform Mr. Anton Paz of a bad connection during the reading, or any other issue during the reading, in order to continue said reading at a later time/date. The amount of time left to be scheduled for a
later time/date will be calculated as of the moment Client makes it clear that there are technical difficulties and a rescheduling is desired. It is not Mr. Anton Paz’s responsibility to know if the connection is not allowing a clear reception of the reading on Client’s end. If the reception is such that Client cannot hear/effectively communicate the technical issue with Mr. Anton Paz, it is Client’s responsibility to inform ANTON PAZ MUNDO LLC by emailing them at _______ -- the time remaining to be rescheduled for a later time/date shall be determined as per the timestamp on the sent email informing ANTON PAZ MUNDO LLC that there were technical difficulties with the reading.
Discounts and Offers
Unless otherwise specifically provided, all coupons, discounts and special offers are
non-transferrable, valid for a limited period of time, can be used only once per customer,
and may not be combined with any other coupon, discount or special offer. Unless
otherwise specifically provided, introductory offers are valid only for new customers on
their first purchase. There is a limit of one introductory offer per person, credit card,
phone number, address, and email, and anyone who attempts to circumvent this
limitation may be refused service and subject to liability.
DISCLAIMER – NO MONITORING OF USAGE
Neither the Company nor any of its affiliates has any responsibility or obligation to notify
you of your accumulated charges or other expenses with us. The amount of time you
spend with Mr. Anton Paz will be reflected in your charges and is solely at your own
election or choice. The Company does not monitor usage patterns and is under no
obligation to any customer to take any action or to refrain from taking any action with
respect to usage of the Sites or Services.
GENERAL DISCLAIMER
No advice or information, whether oral or written, obtained by you from the Company or
its affiliates through the Sites or Services shall create any warranty, representation or
guarantee not expressly stated in these Terms of Use. The Company makes no
warranty or representation that availability or use of the Sites or Services will be
uninterrupted or error-free. The information provided on, from or through the Company,
its Services and the Sites is provided "as-is" and "as available," and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement). The Sites and related information and Services may contain bugs, errors, problems or other limitations. The Company and its affiliates have no liability
whatsoever for your use of the Sites and Services and any such information or service.
LIMITATION OF LIABILITY
You expressly understand and agree that neither the Company nor any of its
directors, employees, shareholders, affiliates (including parent or subsidiary
companies), agents, representatives, joint venture parties, independent
contractors, third-party information providers, merchants or licensors
(collectively “APM Parties”), will be liable to you, in contract or in tort, for any
loss or damages, either actual or consequential, arising out of or relating to these
Terms of Use or ANTON PAZ MUNDO LLC, or to your (or any third party's) use or
inability to use the Sites or the Services, or to your reliance upon any information.
In particular, the APM Parties will have no liability for damages of any kind, including, and not limited to, without limitation, compensatory, consequential, direct, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation; errors; loss of data, income, or profit, loss or damage to property; or interruption in availability of data), arising out of or relating to these Terms of Use, your use or inability to use the Sites or the Services, or to your reliance upon any information, whether based in verbal agreement, contract, tort, statutory or other law, except only in the case of death or personal injury where, and only to the extent that,
applicable law requires such liability. The remedies provided for under these
Terms of Use are exclusive and are limited to those expressly provided for in
these terms. Because some states or jurisdictions do not allow the exclusion or
limitation of liability for consequential, incidental, or special damages or of
implied warranties, in such states and jurisdictions liability is limited to the
greatest extent permitted by law, given that it is herein agreed that the governing
law shall be California law.
The disclaimers and limitation of liability set forth herein are fundamental
elements of the basis of the bargain between the Company and you. The Sites
and the information provided therein and the Services would not be provided
without such disclaimers and limitations.
THIRD-PARTY INFORMATION
Any articles, press clippings or other third-party publications (collectively, "Publications") made available through the Sites are furnished by the Company for your convenience and entertainment. The Company is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers or other information made available by third parties, including psychics, information providers, or any user of the Sites, are those of the respective author(s) or publisher(s) and not of the Company or its affiliates. The Company disclaims any representation, either express or implied, that the information in such
publications is accurate or complete.
RESTRICTIONS; COMPLIANCE WITH LAWS
Your right to use the Sites and the Services is personal to you. You are solely
responsible for the contents of your transmissions through the Sites and your use of the
Services is subject to all applicable local, state, national and international laws and
regulations. By using the Sites or the Services, you agree:
not to use the Sites or the Services for illegal purposes;
not to interfere with or disrupt networks connected to the Sites;
to comply with all applicable regulations, laws, statutes, etc., regarding
your use of the Services, including, but not limited to, laws and regulations
relating to the use of the Sites or the Services to send electronic mail;
not to use the Sites or the Services to post or transmit any solicitation,
advertising or promotional materials;
not to use the Sites or the Services for the transmission of any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, or obscene
material or communication of any kind or any nature;
not to use false identities or impersonate any person or your affiliation with
any person or entity;
not to transmit any sexually explicit communications, photographs, or other
materials;
not to transmit any files containing software viruses or other harmful
computer code;
not to interfere with any other user’s access to or use of the Sites or the
Services; or
not to speak or act in a manner that is deemed by a reader to be
inappropriate, abusive, or threatening.
The Company reserves the right, in its sole discretion, to immediately terminate your
access to and use of the Sites or the Services for any violation of these Terms of Use.
Important Note: It is a violation of our Terms of Use for you to be in direct contact
with Mr. Anton Paz outside the Service, to provide your contact information to
him for the purposes of facilitating contact outside of the service, or to ask him
for his direct contact information. If you do so in violation of these Terms of Use,
the Company bears no liability for any resulting actions, and your ability to use
the Services may be revoked. Any such activities in violation of our Terms of Use,
may be reported to the Company by Mr. Anton Paz and any such reports shall not
be deemed a violation of our Privacy Policy.
LINKS TO SPONSORS AND OTHER THIRD PARTY SITES
The Sites may contain hyperlinks to other websites and webpages (“Third-Party
Pages”), as well as to text, graphics, videos, images, music, sounds, and information
belonging to or originating from other third-parties (collectively, “Third-Party
Applications”). The Company does not investigate, monitor, or review any Third-Party
Pages or Third-Party Applications to ensure their accuracy, completeness, or
appropriateness. The Company is not responsible for the Third-Party Pages or any
Third-Party Applications accessed through the Site. You agree that the Company shall
have no liability with respect to any loss or damage of any kind incurred as a result of
any dealings between you and any third party, or as a result of the presence of such
third party on the Sites.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on
the Sites does not indicate the Company’s approval or endorsement thereof. These
links are provided solely as a convenience or benefit to users. Your interactions with a
third party on the Sites, or based on such third party’s participation or presence on the
Sites, are solely between you and the third party. ANTON PAZ MUNDO LLC makes no
representations or warranties with respect to the content, ownership, or legality of any
such linked third party website. If you choose to leave the Sites to access any Third-
Party Pages or Third-Party Applications, you do so at your own risk.
INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF SITES
The content on or delivered through the Sites, including, without limitation, all designs,
text, messages, communications, documents, graphics, photographs, illustrations,
trademarks, trade names, service marks, logos, information obtained from Company’s
licensors, and other files or information (“Content”), and the selection and arrangement thereof, is proprietary property and protected by copyright, trademark, and other
intellectual property laws under both United States and foreign laws. Any use of Content
not expressly permitted by these Terms of Use is a breach of these Terms of Use and
may violate copyright, trademark, and other laws.
The Company hereby authorizes you to view Content for non-commercial personal use
only You shall not record or otherwise copy any Content. Specifically, and without
limiting the foregoing, you shall not use any audio recording or retention
devices/technology in connection with Readings, and you will not otherwise record,
copy, scan, or transcribe Readings, including Readings by phone, chat or direct
message, without the prior written consent of the Company. All rights not expressly
granted herein are reserved to Company and its licensors.
Except as expressly provided above, you may not otherwise copy, display, download,
distribute, modify, post, reproduce, republish or retransmit any Content contained in the
Sites or any portion thereof in any electronic medium or in hard copy, or create any
derivative work based on such Content, without the express written consent of the
Company. No information or statement contained in these Terms of Use or the Sites
shall be construed as conferring, directly or by implication, estoppel, or otherwise, any
license or right under any patent, copyright, trademark or other intellectual property right of the Company, its affiliates, or any third party.
You may not, without Company’s written permission, “mirror” any Content contained in
the Sites or any other server. You may not use the Sites for any purpose that is unlawful
or prohibited by these Terms of Use. You may not use the Sites in any manner that
could damage, disable, overburden, or impair the Sites, or interfere with any other
party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized
access to the Sites through hacking, password mining or any other means. The
Company may, at our sole discretion, limit, restrict, or terminate the access and use of
the Sites of any users at any time, for any reason or for no reason at all, without prior
notice or any notice.
MATERIAL YOU SUBMIT (INCLUDING BLOG SUBMISSIONS)
You acknowledge that you are responsible for any information or material you provide to
the Company or post, upload, input, submit, or transmit to the Sites (“Submissions”),
including the legality, reliability, appropriateness, originality and copyright of any such
material. You may not upload to, distribute, or otherwise publish through the Sites any
content which is libelous, scandalous, inflammatory, defamatory, discriminatory, false,
vulgar, obscene, pornographic, profane, harassing, threatening, invasive of privacy or
publicity rights, abusive, illegal, hateful or bashing, aimed at gender, race, color, sexual
orientation, national origin, religious views, or disability, or otherwise objectionable, or
which may constitute or encourage a criminal offense, violate the rights of any party or
otherwise give rise to liability or violate any law. Additionally, you agree that you will not:
(a) make any Submission that is an advertisement or solicitation of business; (b) disrupt
the normal flow of dialogue or make a Submission unrelated to the topic being
discussed (unless it is clear the discussion is free-form); (c) post a chain letter or
pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful
computer code; (f) harvest or otherwise collect information about others, including email
addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Company, exposes Company or any of its licensors, partners, or customers to any liability or detriment of any type.
Submissions shall be deemed to be non-confidential and non-proprietary. The Company
shall have no obligation of any kind with respect to such Submissions and shall be free
to reproduce, use, disclose, modify, display and distribute the Submissions to others
without limitation. By transmitting such Submissions to the Company and the Sites, you
automatically grant to the Company a perpetual, worldwide, royalty-free, irrevocable,
non-exclusive right and license (with rights to sublicense) to use, reproduce, modify,
adapt, publish, translate, edit and distribute such Submissions (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist in such
Submissions. You also permit any other user of the Sites to access, view, store, or
reproduce the Submissions for that user’s personal use. Without limiting the generality
of the foregoing license, if you send Submissions consisting of “testimonials,” you
acknowledge that you grant the Company the right to publicly display all or a part of
such Submission on the Sites or in any other format or media at any time.
Please note that the Company does not want to receive Submissions containing
confidential information from you and any Submissions received will be deemed
NOT to be confidential. Any submissions will be deemed to be public.
These Sites (including, without limitation, text, photographs, graphics, video and audio
content) are protected by copyright as a collective work or compilation under the
copyright laws of the United States and other countries, and the Company, its
subsidiaries and affiliates (subject to the rights of its licensors and licensees under
applicable agreements, understandings and arrangements) have rights therein. All
individual articles, videos, content and other elements comprising the Sites are also
copyrighted works, and the Company, its subsidiaries and affiliates (subject to the rights
of its licensors and licensees under applicable agreements, understandings and
arrangements) have rights therein. You must abide by all additional copyright notices or
restrictions contained in the Sites. By posting or submitting content on or to the Sites
(including the Company’s blog, and regardless of the form or medium with respect to
such content, whether text, videos, photographs, audio or otherwise), you are giving the
Company and its affiliates, agents and third party contractors the right to display or
publish such content on the Sites and its affiliated publications (either in the form
submitted or in the form of a derivative or adapted work, in our sole discretion), to store
such content, and to distribute such content and use such content for promotional and
marketing purposes. Without limiting the generality of the foregoing, with respect to any
video submissions to the Sites made by you from time to time, you understand and
agree that (unless you and we agree otherwise) we may, or may permit users to, based
solely on functionality provided and enabled by the Sites, compile, re-edit, adapt or
modify your Submission, or create derivative works therefrom, either on a stand-alone
basis or in combination with other Submissions, and (unless you and we agree
otherwise) you shall have no rights with respect thereto and the Company, its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited,
adapted, modified or derived) for any period.
You shall be solely responsible for your own Submissions and the consequences of
posting or publishing them. In connection with each of your Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize the Company, its affiliates and
subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all such Submissions to enable inclusion and use of such
Submissions in the manner contemplated by us and these Terms of Use; and (ii) you
have the written consent, release, and/or permission of each and every identifiable
individual person in such Submissions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of such Submissions in
the manner contemplated by the Company and these Terms of Use. In furtherance of
the foregoing, you agree that you will not: (i) submit material that is copyrighted,
protected by trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant the Company all of the rights
granted herein; (ii) publish falsehoods or misrepresentations that could damage the
Company, this Sites or any third party; (iii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense, give rise
to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements
or solicitations of business.
We reserve the right to edit, remove or not publish Submissions without prior notice.
NOTICE AND TAKEDOWN PROCEDURES
If you are a copyright owner or agent thereof and believe that any Submission
accessible on or from the Sites infringes upon your copyright, please submit notice,
pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright
Agent with the following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) the URL of the location
containing the material that you claim is infringing; (iv) your name, address, telephone
number, and email address; (v) a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi)
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 authorized to act on the
copyright owner's behalf.
You can reach our Copyright Agent as follows: by e-mail
at: nsemerdjieva@ndlawpolicy.com
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the APM Parties from any liability,
loss, claim and expense (including attorneys' reasonable fees) related to (i) your
violation of these Terms of Use, and (ii) your use of the Sites or the Services.
Furthermore, you agree to indemnify, defend and hold harmless APM, its officers,
directors, employees, agents, and third parties, for any losses, costs liabilities and
expenses (including reasonable attorney’s fees) relating to or arising out of your use of
or inability to use the Site or services, any user postings made by you, your violation of
any terms of this Agreement or your violation of any rights of a third party, or your
violation of any applicable laws, rules or regulations. APM reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with APM in asserting any
available defenses.
INTERNATIONAL USERS
The Service is controlled, operated, and administered by APM from our offices within
the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the APM
content accessed through https://anton-paz.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
GOVERNING LAW
To the maximum extent permitted by law, this agreement is governed by the laws of the
state of California 1912 N. Broadway, Santa Ana, CA. 92706and you hereby consent ot
the exclusive jurisdiction and venue of courts in California in all disputes arising out of or
relating to the use of the Site. Use of the Sit is unauthorized in any jurisdiction that does
not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and APM as a result of this agreement or use of the Site. APM’s
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of APM’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use
of the Site or information provided to or gathered by APM with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
ENTIRETY OF AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and APM with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between the user and APM with respect to the Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to
the same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement and
all related documents be written in English.
DISPUTE RESOLUTION
In the event the parties are not able to resolve any dispute between them arising out of
or concerning these Terms and Conditions, or any provisions hereof, whether in
contract tort, or otherwise at law or in equity for damages or any other relief, then such
dispute shall be resolved only by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and administered by the
American Arbitration Association, or a similar arbitration service selected by the parties,
in a South California location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgement may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration
arises out of or concerns these Terms and Conditions, the prevailing party shall be
entitled to recover its costs and reasonable attorney’s fees. The parties agree to
arbitrate all disputes and claims in regards to these Terms and Conditions or any
disputes arising as a result of these Terms and Conditions, whether directly or indirectly,
including Tort claims that are a result of these Terms and Conditions or anything else
relating and/or arising out of any connection and/or interaction with or through
The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability
of this arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
There is no judge or jury in arbitration, and court review of an arbitration award is
limited. However, an arbitrator can award on an individual basis the same damages and
relief as a court (including injunctive and declaratory relief or statutory damages), and
must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and
describing your claim to 1912 N. Broadway, Santa Ana, CA. 92706.
No demand for arbitration may be made after the date when the institution of legal or
equitable proceedings based on such claim or dispute would be barred by the
applicable statute of limitation.
You and APM are each responsible for our respective costs relating to counsel, experts,
and witnesses, as well as any other costs relating to the arbitration.
We each expressly agree that any dispute resolution proceedings will be
conducted only on an individual basis and not in a class, consolidated or
representative action, regardless of whether the procedures or rules of AAA
would allow such an action. We each expressly waive our rights to file or
participate in a class action or seek relief on a class or representative basis.
Further, and unless we each expressly agree in writing, the arbitrator may not
consolidate more than one individual party’s claims with any other party’s claims,
and may not otherwise preside over any form of a representative or collective
proceeding. If either party fails to comply with this arbitration provision relating
to any Dispute, said breaching party shall be liable for the costs and attorneys’
fees incurred by the other party in enforcing compliance with the arbitration
agreement.
If for any reason a claim proceeds in court rather than in arbitration we each waive any
right to a jury trial. We also both agree that you or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights. Any suit, cause of action, or
legal proceeding arising under or relating to the Sites or your use of any Service that is
not addressed through arbitration or in small claims courts as provided above, shall be
(i) governed by the laws of the State of California without respect to its choice (or
conflict) of laws rules, and (ii) in the exclusive jurisdiction and venue of the state courts
of California, situated in Los Angeles County, California or the federal courts situated in
the Central District of California.
ENTIRE AGREEMENT
These Terms of Use constitute the sole agreement between you and the Company and
its affiliated entities relating to your use and our provision of the Sites and the Services
and the subject matter hereof.
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