Terms of Service
This website is owned and operated by Olympusat (referred to as “Olympusat,” “we,” “US,” or “our” herein.)
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF THE ULTRA LATINOWEBSITE AFTER IMPLEMENTATION OF SUCH CHANGES TO THE TERMS WILL MEAN YOU UNCONDITIONALLY ACCEPT THOSE CHANGES.
IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO CONTACT US AT firstname.lastname@example.org.
2. USE OF SITE.
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited license to access, display and use our Site and its Contents, as defined below. Our Site exists to provide you with information related to outdoor adventure sports programming. We authorize you to display, copy, distribute, download and print the information contained on our Site, including all images, designs, photographs, writings, graphs, data, and other materials (“Contents”) for your personal and non-commercial purposes only. The Contents may not be modified or reposted to other sites or for any other purpose whatsoever. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of our Site and prevent unauthorized copying of its Contents. Except as provided in this Agreement, we do not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.
3. PROHIBITED USE OF SITE.
Any use of our Site other than that stated in Section 2 is prohibited. Furthermore, you shall not use any features of this Site that permit communications to post, transmit, display or otherwise communicate: a) any defamatory, threatening, obscene, harassing, or otherwise unlawful information; b) any advertisement, solicitation, spam, chain letter or other similar type information; c) any encouragement of illegal activity; d) unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others; or e) any materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
4. COPYRIGHT AND TRADEMARK.
The Contents, as well as the collection, arrangement and assembly of the Contents, are our exclusive property or the exclusive property of the party that has authorized its inclusion on the Site, and are protected by international and United States copyrights, trademarks, trade secrets, and/or other proprietary rights. The trademarks on our Site may not be used in connection with any other product or service. Any use of the Contents, other than as set forth in Section 2, including reproduction for purposes of modification, distribution, or republication, without our prior written consent, is strictly prohibited. We acknowledge the rights of third parties whose trademarks or registered trademarks are referenced at our Site or whose copyrighted works are reproduced on our Site with permission.
You expressly agree that use of our Site is at your sole risk. Neither we, nor our affiliates, nor any of our officers, directors, employees, agents, third-party content or service providers, or licensors (collectively, “Providers”), represent or warrant that this site will be uninterrupted or error-free; nor do we make any warranty whatsoever as to the results that may be obtained from the use of this Site, or as to the accuracy, completeness, reliability, security or currency of the Contents, whether or not created by us.
THE SITE AND THE CONTENTS, PRODUCTS AND SERVICES ASSOCIATED THEREWITH ARE PROVIDED ON AN “AS IS,” “WHERE AVAILABLE” BASIS. WE, OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND OUR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY CONTENTS, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
We do not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to us will be deemed NOT to be confidential. By sending us any information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
6. LIMITATION OF LIABILITIES.
YOU AGREE THAT NEITHER WE NOR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE CONTENT, OR OTHER PRODUCTS DERIVED FROM OUR SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL WE, OR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR ANY OF OUR PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, PRODUCTS, OR INFORMATION ON OUR SITE OR ANY PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON OUR SITE, YOUR USE OF, OR INABILITY TO USE, OUR SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER WE OR ANY OF OUR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN THE EVENT THAT ANY OF THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR, INCLUDING OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS, AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID BY YOU RELATED TO THE CONTENTS, PRODUCTS OR SERVICES DESCRIBED ON THIS SITE.
NEITHER WE NOR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS TAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS US AND OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND PROVIDERS, AND THE PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
As a condition of use of this Site, you agree to indemnify, defend and hold us and our members, officers, directors, employees, affiliates and providers harmless from and against any and all threatened or actual claims, causes of action, suits, costs, damages and expenses (including reasonable attorneys’ fees) arising out of or related in any way to your use of our Site, the Contents, the products described therein, violation of this Agreement, or of any law or regulation, or violation of any proprietary or privacy right.
8. LIMITATIONS ON CLAIMS.
Any claim, suit, or cause of action you may have with respect to your use of our Site, the products described thereupon, or the Content found thereon must be commenced within one (1) year after the claim, suit, or cause of action arises.
9. LINKS TO THIRD PARTIES.
This Site may contain links to Sites maintained by third parties. Such links are provided for your convenience and reference only. If you use these links you will leave our Site. Conversely, sites operated by entities other than us may contain links to our Site. The linked and linking sites are not under our control and we are not responsible for the contents, software, products or services available on any linked or linking site or any link contained in a linked or linking site or any changes or updates to such sites. We provide links as a convenience only. The existence of any link on our Site does not mean that we endorse, support or accept any responsibility for the content or use of such sites. You are solely responsible for the results and consequences of your use of such links. We reserve the right to discontinue any linked site at any time without prior notice. Please contact the web masters of any linked sites concerning any information, goods and/or services appearing thereon.
a. Disputes. This Agreement will be governed, construed and enforced in accordance with the laws of the United States of America and the State of Florida, without regard to its principles of the conflict of laws. Any and all litigation arising from or relating to this Agreement or the Site or the Content, the products and services offered and described thereupon will be filed and prosecuted before any court of competent subject matter jurisdiction in the State of Florida. The parties hereto consent to the jurisdiction of such courts over them, stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to allege or assert the inconvenience, inefficiency or unfairness of proceeding in such courts. The parties further agree to the service of process by overnight courier or electronic means, including without limitation, e-mail.
b. Entire Agreement. This Agreement constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to your use of our Site and information, products and services associated with them. 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. 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. Notwithstanding anything in this Section 10(b) to the contrary, this Agreement is subordinate to, and does not supersede, any other past, present or future agreement between you and us including without limitation, any click-through agreement to which you assent; to the extent that this Agreement conflicts with any such agreement, then the terms of this Agreement shall be reformed so as to be consistent with such agreement.
c. Term and Termination. Without limiting its other remedies, we may immediately discontinue, suspend, terminate or block your and any user’s access to this site at any time in our sole discretion.
d. Modifications to Agreement. We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to our Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. We do not and will not assume any obligation to notify you of the changes.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification Of Claimed Infringement: GENERAL COUNSEL
Full Address of Designated Agent to Which Notification Should be Sent: Olympusat, 477 SOUTH ROSEMARY AVE., SUITE 306, WEST PALM BEACH, FLORIDA 33401
Telephone Number of Designated Agent: 561-472-2880
Email Address of Designated Agent: email@example.com
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
• An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;.
• A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the Site sufficient to allow us to locate the material;
• Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Site where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
• 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
• 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.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.