Contents:
- Terms of Service
- Privacy Policy
Terms of Service:
The following terms and conditions govern all
use of the num83r5.com website and all content, services and products available
at or through the website (taken together, the Website). The Website is owned
and operated by Alberto Postigo ENTERTAINMENT. The Website is offered subject
to your acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including, without
limitation, Alberto Postigo ENTERTAINMENT's Privacy Policy) and procedures that
may be published from time to time on this Site by Alberto Postigo
ENTERTAINMENT (collectively, the "Agreement").
Please read this Agreement carefully before
accessing or using the Website. By accessing or using any part of the web site,
you agree to become bound by the terms and conditions of this agreement. If you
do not agree to all the terms and conditions of this agreement, then you may
not access the Website or use any services. If these terms and conditions are
considered an offer by Alberto Postigo ENTERTAINMENT, acceptance is expressly
limited to these terms. The Website is available only to individuals who are at
least 4 years old.
- Your num83r5.com Account and Site. If you
create a blog/site on the Website, you are responsible for maintaining the
security of your account and blog, and you are fully responsible for all
activities that occur under the account and any other actions taken in
connection with the blog. You must not describe or assign keywords to your
blog in a misleading or unlawful manner, including in a manner intended to
trade on the name or reputation of others, and Alberto Postigo
ENTERTAINMENT may change or remove any description or keyword that it
considers inappropriate or unlawful, or otherwise likely to cause Alberto
Postigo ENTERTAINMENT liability. You must immediately notify Alberto
Postigo ENTERTAINMENT of any unauthorized uses of your blog, your account
or any other breaches of security. Alberto Postigo ENTERTAINMENT will not
be liable for any acts or omissions by You, including any damages of any
kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you
operate a blog, comment on a blog, post material to the Website, post
links on the Website, or otherwise make (or allow any third party to make)
material available by means of the Website (any such material, "Content"),
You are entirely responsible for the content of, and any harm resulting
from, that Content. That is the case regardless of whether the Content in
question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
○
the downloading, copying and use of the Content
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark or trade secret rights, of any third party;
○
if your employer has rights to intellectual
property you create, you have either (i) received permission from your employer
to post or make available the Content, including but not limited to any
software, or (ii) secured from your employer a waiver as to all rights in or to
the Content;
○
you have fully complied with any third-party
licenses relating to the Content, and have done all things necessary to
successfully pass through to end users any required terms;
○
the Content does not contain or install any
viruses, worms, malware, Trojan horses or other harmful or destructive content;
○
the Content is not spam, is not machine- or
randomly-generated, and does not contain unethical or unwanted commercial
content designed to drive traffic to third party sites or boost the search
engine rankings of third party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as
spoofing);
○
the Content is not pornographic, does not contain
threats or incite violence towards individuals or entities, and does not
violate the privacy or publicity rights of any third party;
Your num83r5.com Account and Site. If you
create a blog/site on the Website, you are responsible for maintaining the
security of your account and blog, and you are fully responsible for all
activities that occur under the account and any other actions taken in
connection with the blog. You must not describe or assign keywords to your
blog in a misleading or unlawful manner, including in a manner intended to
trade on the name or reputation of others, and Alberto Postigo
ENTERTAINMENT may change or remove any description or keyword that it
considers inappropriate or unlawful, or otherwise likely to cause Alberto
Postigo ENTERTAINMENT liability. You must immediately notify Alberto
Postigo ENTERTAINMENT of any unauthorized uses of your blog, your account
or any other breaches of security. Alberto Postigo ENTERTAINMENT will not
be liable for any acts or omissions by You, including any damages of any
kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you
operate a blog, comment on a blog, post material to the Website, post
links on the Website, or otherwise make (or allow any third party to make)
material available by means of the Website (any such material, "Content"),
You are entirely responsible for the content of, and any harm resulting
from, that Content. That is the case regardless of whether the Content in
question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
○
the downloading, copying and use of the Content
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark or trade secret rights, of any third party;
○
if your employer has rights to intellectual
property you create, you have either (i) received permission from your employer
to post or make available the Content, including but not limited to any
software, or (ii) secured from your employer a waiver as to all rights in or to
the Content;
○
you have fully complied with any third-party
licenses relating to the Content, and have done all things necessary to
successfully pass through to end users any required terms;
○
the Content does not contain or install any
viruses, worms, malware, Trojan horses or other harmful or destructive content;
○
the Content is not spam, is not machine- or
randomly-generated, and does not contain unethical or unwanted commercial
content designed to drive traffic to third party sites or boost the search
engine rankings of third party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as
spoofing);
○
the Content is not pornographic, does not contain
threats or incite violence towards individuals or entities, and does not
violate the privacy or publicity rights of any third party;
○
your blog is not getting advertised via unwanted
electronic messages such as spam links on newsgroups, email lists, other blogs
and web sites, and similar unsolicited promotional methods;
○
your blog is not named in a manner that misleads
your readers into thinking that you are another person or company. For example,
your blog's URL or name is not the name of a person other than yourself or
company other than your own; and
○
you have, in the case of Content that includes
computer code, accurately categorized and/or described the type, nature, uses
and effects of the materials, whether requested to do so by Alberto Postigo
ENTERTAINMENT or otherwise.
- By submitting Content to Alberto Postigo
ENTERTAINMENT for inclusion on your Website, you grant Alberto Postigo
ENTERTAINMENT a world-wide, royalty-free, and non-exclusive license to
reproduce, modify, adapt and publish the Content solely for the purpose of
displaying, distributing and promoting your blog. If you delete Content,
Alberto Postigo ENTERTAINMENT will use reasonable efforts to remove it
from the Website, but you acknowledge that caching or references to the
Content may not be made immediately unavailable.
- Without limiting any of those
representations or warranties, Alberto Postigo ENTERTAINMENT has the right
(though not the obligation) to, in Alberto Postigo ENTERTAINMENT's sole
discretion (i) refuse or remove any content that, in Alberto Postigo
ENTERTAINMENT's reasonable opinion, violates any Alberto Postigo
ENTERTAINMENT policy or is in any way harmful or objectionable, or (ii)
terminate or deny access to and use of the Website to any individual or
entity for any reason, in Alberto Postigo ENTERTAINMENT's sole discretion.
Alberto Postigo ENTERTAINMENT will have no obligation to provide a refund
of any amounts previously paid.
- Payment and Renewal.
○
General Terms.
By selecting a
product or service, you agree to pay Alberto Postigo ENTERTAINMENT the one-time
and/or monthly or annual subscription fees indicated (additional payment terms
may be included in other communications). Subscription payments will be charged
on a pre-pay basis on the day you sign up for an Upgrade and will cover the use
of that service for a monthly or annual subscription period as indicated.
Payments are not refundable.
○
Automatic Renewal.
Unless you notify
Alberto Postigo ENTERTAINMENT before the end of the applicable subscription
period that you want to cancel a subscription, your subscription will
automatically renew and you authorize us to collect the then-applicable annual
or monthly subscription fee for such subscription (as well as any taxes) using
any credit card or other payment mechanism we have on record for you. Upgrades
can be canceled at any time by submitting your request to Alberto Postigo
ENTERTAINMENT in writing.
- Services.
○
Fees; Payment. By signing up for a Services account
you agree to pay Alberto Postigo ENTERTAINMENT the applicable setup fees and
recurring fees. Applicable fees will be invoiced starting from the day your
services are established and in advance of using such services. Alberto Postigo
ENTERTAINMENT reserves the right to change the payment terms and fees upon
thirty (30) days prior written notice to you. Services can be canceled by you
at anytime on thirty (30) days written notice to Alberto Postigo ENTERTAINMENT.
○
Support. If your service includes access to
priority email support. "Email support" means the ability to make
requests for technical support assistance by email at any time (with reasonable
efforts by Alberto Postigo ENTERTAINMENT to respond within one business day)
concerning the use of the VIP Services. "Priority" means that support
takes priority over support for users of the standard or free num83r5.com
services. All support will be provided in accordance with Alberto Postigo ENTERTAINMENT
standard services practices, procedures and policies.
- Responsibility of Website Visitors. Alberto
Postigo ENTERTAINMENT has not reviewed, and cannot review, all of the
material, including computer software, posted to the Website, and cannot
therefore be responsible for that material's content, use or effects. By
operating the Website, Alberto Postigo ENTERTAINMENT does not represent or
imply that it endorses the material there posted, or that it believes such
material to be accurate, useful or non-harmful. You are responsible for
taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing
technical inaccuracies, typographical mistakes, and other errors. The
Website may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of which is
subject to additional terms and conditions, stated or unstated. Alberto
Postigo ENTERTAINMENT disclaims any responsibility for any harm resulting
from the use by visitors of the Website, or from any downloading by those
visitors of content there posted.
- Content Posted on Other Websites. We have
not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which
num83r5.com links, and that link to num83r5.com. Alberto Postigo ENTERTAINMENT
does not have any control over those non-Alberto Postigo ENTERTAINMENT
websites and webpages, and is not responsible for their contents or their
use. By linking to a non-Alberto Postigo ENTERTAINMENT website or webpage,
Alberto Postigo ENTERTAINMENT does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. Alberto
Postigo ENTERTAINMENT disclaims any responsibility for any harm resulting
from your use of non-Alberto Postigo ENTERTAINMENT websites and webpages.
- Copyright Infringement and DMCA Policy. As
Alberto Postigo ENTERTAINMENT asks others to respect its intellectual
property rights, it respects the intellectual property rights of others.
If you believe that material located on or linked to by num83r5.com violates
your copyright, you are encouraged to notify Alberto Postigo ENTERTAINMENT
in accordance with Alberto Postigo ENTERTAINMENT's Digital Millennium
Copyright Act ("DMCA") Policy. Alberto Postigo ENTERTAINMENT
will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the infringing
material. Alberto Postigo ENTERTAINMENT will terminate a visitor's access
to and use of the Website if, under appropriate circumstances, the visitor
is determined to be a repeat infringer of the copyrights or other
intellectual property rights of Alberto Postigo ENTERTAINMENT or others.
In the case of such termination, Alberto Postigo ENTERTAINMENT will have
no obligation to provide a refund of any amounts previously paid to
Alberto Postigo ENTERTAINMENT.
- Intellectual Property. This Agreement does
not transfer from Alberto Postigo ENTERTAINMENT to you any Alberto Postigo
ENTERTAINMENT or third party intellectual property, and all right, title
and interest in and to such property will remain (as between the parties)
solely with Alberto Postigo ENTERTAINMENT. Alberto Postigo ENTERTAINMENT,
num83r5.com, the num83r5.com logo, and all other trademarks, service
marks, graphics and logos used in connection with num83r5.com, or the
Website are trademarks or registered trademarks of Alberto Postigo
ENTERTAINMENT or Alberto Postigo ENTERTAINMENT's licensors. Other
trademarks, service marks, graphics and logos used in connection with the
Website may be the trademarks of other third parties. Your use of the
Website grants you no right or license to reproduce or otherwise use any
Alberto Postigo ENTERTAINMENT or third-party trademarks.
- Advertisements. Alberto Postigo
ENTERTAINMENT reserves the right to display advertisements on your blog
unless you have purchased an ad-free account.
- Attribution. Alberto Postigo ENTERTAINMENT
reserves the right to display attribution links such as 'Blog at
num83r5.com,' theme author, and font attribution in your blog footer or
toolbar.
- Partner Products. By activating a partner
product (e.g. theme) from one of our partners, you agree to that partner's
terms of service. You can opt out of their terms of service at any time by
de-activating the partner product.
- Domain Names. If you are registering a
domain name, using or transferring a previously registered domain name,
you acknowledge and agree that use of the domain name is also subject to
the policies of the Internet Corporation for Assigned Names and Numbers
("ICANN"), including their Registration Rights and
Responsibilities.
- Changes. Alberto Postigo ENTERTAINMENT
reserves the right, at its sole discretion, to modify or replace any part
of this Agreement. It is your responsibility to check this Agreement
periodically for changes. Your continued use of or access to the Website
following the posting of any changes to this Agreement constitutes
acceptance of those changes. Alberto Postigo ENTERTAINMENT may also, in
the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features
and/or services shall be subject to the terms and conditions of this
Agreement.
- Termination. Alberto Postigo ENTERTAINMENT
may terminate your access to all or any part of the Website at any time,
with or without cause, with or without notice, effective immediately. If
you wish to terminate this Agreement or your num83r5.com account (if you
have one), you may simply discontinue using the Website. Notwithstanding
the foregoing, if you have a paid services account, such account can only
be terminated by Alberto Postigo ENTERTAINMENT if you materially breach
this Agreement and fail to cure such breach within thirty (30) days from
Alberto Postigo ENTERTAINMENT's notice to you thereof; provided that,
Alberto Postigo ENTERTAINMENT can terminate the Website immediately as
part of a general shut down of our service. All provisions of this Agreement
which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is
provided "as is". Alberto Postigo ENTERTAINMENT and its
suppliers and licensors hereby disclaim all warranties of any kind,
express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement.
Neither Alberto Postigo ENTERTAINMENT nor its suppliers and licensors,
makes any warranty that the Website will be error free or that access
thereto will be continuous or uninterrupted. You understand that you
download from, or otherwise obtain content or services through, the
Website at your own discretion and risk.
- Limitation of Liability. In no event will
Alberto Postigo ENTERTAINMENT, or its suppliers or licensors, be liable
with respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for: (i)
any special, incidental or consequential damages; (ii) the cost of
procurement for substitute products or services; (iii) for interruption of
use or loss or corruption of data; or (iv) for any amounts that exceed the
fees paid by you to Alberto Postigo ENTERTAINMENT under this agreement
during the twelve (12) month period prior to the cause of action. Alberto
Postigo ENTERTAINMENT shall have no liability for any failure or delay due
to matters beyond their reasonable control. The foregoing shall not apply
to the extent prohibited by applicable law.
- General Representation and Warranty. You
represent and warrant that (i) your use of the Website will be in strict
accordance with the Alberto Postigo ENTERTAINMENT Privacy Policy, with
this Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country, state,
city, or other governmental area, regarding online conduct and acceptable
content, and including all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside) and (ii) your use of the Website will not infringe or
misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and
hold harmless Alberto Postigo ENTERTAINMENT, its contractors, and its
licensors, and their respective directors, officers, employees and agents
from and against any and all claims and expenses, including attorneys'
fees, arising out of your use of the Website, including but not limited to
your violation of this Agreement.
- Miscellaneous. This Agreement constitutes
the entire agreement between Alberto Postigo ENTERTAINMENT and you
concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of Alberto Postigo ENTERTAINMENT,
or by the posting by Alberto Postigo ENTERTAINMENT of a revised version.
Except to the extent applicable law, if any, provides otherwise, this
Agreement, any access to or use of the Website will be governed by the
laws of the Spain, excluding its conflict of law provisions, and the
proper venue for any disputes arising out of or relating to any of the
same will be the state and federal courts located in Spain. Except for
claims for injunctive or equitable relief or claims regarding intellectual
property rights (which may be brought in any competent court without the
posting of a bond), any dispute arising under this Agreement shall be
finally settled in accordance with the Comprehensive Arbitration Rules of
the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by
three arbitrators appointed in accordance with such Rules. The arbitration
shall take place in Málaga, in the English language and the arbitral
decision may be enforced in any court. The prevailing party in any action or
proceeding to enforce this Agreement shall be entitled to costs and
attorneys' fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties'
original intent, and the remaining portions will remain in full force and
effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not waive such
term or condition or any subsequent breach thereof. You may assign your
rights under this Agreement to any party that consents to, and agrees to
be bound by, its terms and conditions; Alberto Postigo ENTERTAINMENT may
assign its rights under this Agreement without condition. This Agreement
will be binding upon and will inure to the benefit of the parties, their
successors and permitted assigns.
Privacy Policy:
Alberto Postigo ENTERTAINMENT operates
num83r5.com and may operate other websites. It is Alberto Postigo
ENTERTAINMENT's policy to respect your privacy regarding any information we may
collect while operating our websites.
Website Visitors
Like most website operators, Alberto Postigo
ENTERTAINMENT collects non-personally-identifying information of the sort that
web browsers and servers typically make available, such as the browser type,
language preference, referring site, and the date and time of each visitor
request. Alberto Postigo ENTERTAINMENT's purpose in collecting non-personally
identifying information is to better understand how Alberto Postigo
ENTERTAINMENT's visitors use its website. From time to time, Alberto Postigo
ENTERTAINMENT may release non-personally-identifying information in the
aggregate, e.g., by publishing a report on trends in the usage of its website.
Alberto Postigo ENTERTAINMENT also collects
potentially personally-identifying information like Internet Protocol (IP)
addresses for logged in users and for users leaving comments on num83r5.com
blogs/sites. Alberto Postigo ENTERTAINMENT only discloses logged in user and
commenter IP addresses under the same circumstances that it uses and discloses
personally-identifying information as described below, except that commenter IP
addresses and email addresses are visible and disclosed to the administrators
of the blog/site where the comment was left.
Gathering of
Personally-Identifying Information
Certain visitors to Alberto Postigo
ENTERTAINMENT's websites choose to interact with Alberto Postigo ENTERTAINMENT
in ways that require Alberto Postigo ENTERTAINMENT to gather
personally-identifying information. The amount and type of information that Alberto
Postigo ENTERTAINMENT gathers depends on the nature of the interaction. For
example, we ask visitors who sign up at num83r5.com to provide a username and
email address. Those who engage in transactions with Alberto Postigo
ENTERTAINMENT are asked to provide additional information, including as
necessary the personal and financial information required to process those
transactions. In each case, Alberto Postigo ENTERTAINMENT collects such
information only insofar as is necessary or appropriate to fulfill the purpose
of the visitor's interaction with Alberto Postigo ENTERTAINMENT. Alberto
Postigo ENTERTAINMENT does not disclose personally-identifying information
other than as described below. And visitors can always refuse to supply
personally-identifying information, with the caveat that it may prevent them
from engaging in certain website-related activities.
Aggregated Statistics
Alberto Postigo ENTERTAINMENT may collect
statistics about the behavior of visitors to its websites. Alberto Postigo
ENTERTAINMENT may display this information publicly or provide it to others.
However, Alberto Postigo ENTERTAINMENT does not disclose personally-identifying
information other than as described below.
Protection of Certain
Personally-Identifying Information
Alberto Postigo ENTERTAINMENT discloses
potentially personally-identifying and personally-identifying information only
to those of its employees, contractors and affiliated organizations that (i)
need to know that information in order to process it on Alberto Postigo
ENTERTAINMENT's behalf or to provide services available at Alberto Postigo
ENTERTAINMENT's websites, and (ii) that have agreed not to disclose it to
others. Some of those employees, contractors and affiliated organizations may
be located outside of your home country; by using Alberto Postigo
ENTERTAINMENT's websites, you consent to the transfer of such information to
them. Alberto Postigo ENTERTAINMENT will not rent or sell potentially
personally-identifying and personally-identifying information to anyone. Other
than to its employees, contractors and affiliated organizations, as described
above, Alberto Postigo ENTERTAINMENT discloses potentially
personally-identifying and personally-identifying information only in response
to a subpoena, court order or other governmental request, or when Alberto
Postigo ENTERTAINMENT believes in good faith that disclosure is reasonably
necessary to protect the property or rights of Alberto Postigo ENTERTAINMENT,
third parties or the public at large. If you are a registered user of an
Alberto Postigo ENTERTAINMENT website and have supplied your email address,
Alberto Postigo ENTERTAINMENT may occasionally send you an email to tell you
about new features, solicit your feedback, or just keep you up to date with what's
going on with Alberto Postigo ENTERTAINMENT and our products. If you send us a
request (for example via email or via one of our feedback mechanisms), we
reserve the right to publish it in order to help us clarify or respond to your
request or to help us support other users. Alberto Postigo ENTERTAINMENT takes
all measures reasonably necessary to protect against the unauthorized access,
use, alteration or destruction of potentially personally-identifying and
personally-identifying information.
Cookies
A cookie is a string of information that a
website stores on a visitor's computer, and that the visitor's browser provides
to the website each time the visitor returns. Alberto Postigo ENTERTAINMENT
uses cookies to help Alberto Postigo ENTERTAINMENT identify and track visitors,
their usage of Alberto Postigo ENTERTAINMENT website, and their website access
preferences. Alberto Postigo ENTERTAINMENT visitors who do not wish to have
cookies placed on their computers should set their browsers to refuse cookies before
using Alberto Postigo ENTERTAINMENT's websites, with the drawback that certain
features of Alberto Postigo ENTERTAINMENT's websites may not function properly
without the aid of cookies.
Business Transfers
If Alberto Postigo ENTERTAINMENT, or
substantially all of its assets, were acquired, or in the unlikely event that
Alberto Postigo ENTERTAINMENT goes out of business or enters bankruptcy, user
information would be one of the assets that is transferred or acquired by a
third party. You acknowledge that such transfers may occur, and that any
acquirer of Alberto Postigo ENTERTAINMENT may continue to use your personal
information as set forth in this policy.
Ads
Ads appearing on any of our websites may be
delivered to users by advertising partners, who may set cookies. These cookies
allow the ad server to recognize your computer each time they send you an
online advertisement to compile information about you or others who use your
computer. This information allows ad networks to, among other things, deliver
targeted advertisements that they believe will be of most interest to you. This
Privacy Policy covers the use of cookies by Alberto Postigo ENTERTAINMENT and
does not cover the use of cookies by any advertisers.
Privacy Policy Changes
Although most changes are likely to be minor,
Alberto Postigo ENTERTAINMENT may change its Privacy Policy from time to time,
and in Alberto Postigo ENTERTAINMENT's sole discretion. Alberto Postigo
ENTERTAINMENT encourages visitors to frequently check this page for any changes
to its Privacy Policy. If you have a num83r5.com account, you might also
receive an alert informing you of these changes. Your continued use of this
site after any change in this Privacy Policy will constitute your acceptance of
such change.