Terms of Service for www.rosaprima.com
Welcome to www.rosaprima.com. This website is owned and operated by Rosaprima International LLC, hereafter referred to as “Rosaprima”. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following Terms and Conditions as stated in this Policy (hereafter referred to as ‘User Agreement’).
This agreement is in effect as of Aug 28, 2014.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Accordingly, you acknowledge and understand that:
a. To access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities associated with your account/s credentials.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
You are prohibited from violating, or attempting to violate, the security measures of this site. Any such violations may result in criminal and/or civil penalties against you. Violations of the security measures of the site include, without limitation:
• Logging into or attempting to log into a server or account that you are not authorized to access;
• Accessing data or taking any action to obtain data, information or services not intended for you or your use;
• Attempting to probe, scan or test the vulnerability of any system or network;
• Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
• Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the site.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks where our Resources are located or to which they are connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible of any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
• Contains any type of unauthorized or unsolicited advertising;
• Impersonates any person or entity, including any www.rosaprima.com employees or representatives.
You are responsible for any material you place on or transmit to or through the site. You agree, represent and warrant that any information you post to or transmit through the site, is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information whether publicly posted or privately transmitted, is your sole responsibility.
We have the right, at our sole discretion, to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other third party user of our website. However, any content posted by you using any open communication tool available on our website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of Rosaprima International LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. You further agree that Rosaprima has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this site. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process required for the use of our Resources.
You must not transmit any material to or through this site that you consider to be confidential or proprietary. Any material that you transmit to or through this site will be considered non-confidential and non-proprietary. This Agreement serves to avoid potential misunderstandings or disputes regarding ownership of ideas.
i. You agree to indemnify and hold harmless Rosaprima International LLC and its parent company and affiliates, as well as their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account, incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall cooperate as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all the Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
a. The use of our Resources will meet your needs or requirements.
b. The use of our Resources will be uninterrupted, timely, secure, or free from errors.
c. The information obtained by using our Resources will be accurate or reliable.
d. Any defects in the operation or functionality of any of the Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
a. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
b. No information or advice, whether expressed, implied, oral or written, obtained by you from Rosaprima International LLC or through any Resources we provide shall create any warranty, guarantee, or condition of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for the purchase of the products available in our website. Rosaprima International LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, to the full extent that applicable limitation of liability laws apply.
All content and materials available on www.rosaprima.com, including but not limited to text, graphics, website name, code, images, photographs, trademarks, design of the website and logos are the intellectual property of Rosaprima International LLC , and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Rosaprima International LLC.
No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without written permission of the owner of the Intellectual Property. Modification of the materials or use of the materials for any other purpose is a violation of Rosaprima’s trademark and other proprietary rights.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Rosaprima International LLC from our offices located in the state of FL, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of FL, by accessing our website, you agree that the statutes and laws of FL, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Rosaprima makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, FL. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Changes to Terms of Service Statement
UNLESS OTHERWISE EXPRESSED, Rosaprima International LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:
Rosaprima International LLC
175 SW 7th Street, Suite 2301
Miami, FL 33130
+1 (305) 644-8459
+1 (866) 97-PRIMA