TERMS OF SERVICE
Last updated: September 5, 2024
AGREEMENT TO OUR LEGAL TERMS
We are “Libellus” DBA.
We operate this site and any related products and services that reference or link to these legal terms.
You can contact us by email to web@justinsalcedo.com
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Justin Salcedo (doing business as Libellus), about your access and use of the Services. You agree that by accessing the Services, you have read, understood, and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, WE EXPRESSLY PROHIBIT YOU FROM USING THE SERVICES, AND YOU MUST STOP USING THE SERVICES IMMEDIATELY.
Supplemental terms and conditions or documents we may occasionally post on the Services are expressly incorporated herein by reference. At our sole discretion, we reserve the right to change or modify these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. You are responsible for periodically reviewing these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Legal Terms by your continued use of the Services after the date we posted such revised Legal Terms.
We recommend printing a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content"). ), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and worldwide.
The Content and Marks are provided on or through the Services “AS IS” for personal, non-commercial use or internal business purposes only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES", section below, we grant you a non-exclusive, non-transferable, revocable license to:
- Access the Services
- Download or print a copy of any part of the Content to which you have properly gained access.
The actions above are solely for personal, non-commercial use or internal business purposes.
Except as outlined in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed or sold, licensed or otherwise exploited for any commercial purpose, without our express prior written permission.
If you wish to use the Services, Content, or Marks other than as outlined in this section or elsewhere in our Legal Terms, please send your request to web@justinsalcedo.com. There would be scenarios where we grant you permission to publish, reproduce, or publicly display any part of our Services or Content. In that case, you must identify us as the owner or licensor of the Services, Content, or Marks and ensure that any copyright or other proprietary notices appear or are visible when you post, play, or display our Content.
We reserve all rights not expressly granted to you in the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.
Your presentations
Review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand the (a) rights you grant us and (b) the obligations you have when you post or upload any content through the Services.
Shipping: By directly submitting any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions") to us, you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and shall be entitled to its unrestricted use and dissemination for any legal purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you publish or upload. By sending Submissions to us through any part of the Services, you:
- Confirm that you have read and agree to our "PROHIBITED ACTIVITIES" and you will not post, submit, publish, upload, or transmit through the Services any unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or deceptive Submission;
- to the extent permitted by applicable law, waive all moral rights in such Submission;
- you warrant that such Submissions are original with you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the preceding rights in connection with your Submissions; and
- you warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions, and you expressly agree to reimburse us for all losses we may suffer due to your failure to comply with (a) this section, (b) the intellectual property rights of any third party, or (c) the applicable law.
3. USER DECLARATIONS
By using the Services, you represent and warrant that: (1) you have legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, we have the right to suspend or terminate your account and refuse all current or future use of the Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. Also, you may not use the Services in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and the Services
- Use any information obtained from the Services to harass, abuse, or harm another person
- Misuse our support services or submit false reports of abuse or misconduct
- Use the Services in a manner inconsistent with any applicable laws or regulations
- Engage in unauthorized framing or linking of the Services
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with anyone's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services.
- Engage in any automated system, such as scripts to send comments or messages, data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content
- Attempt to impersonate another user or person or use another user's username
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, transparent graphics interchange formats ("gifs"), 1×1 pixels, errors website, cookies, or other similar devices (sometimes called "spyware" or "passive collection mechanisms" or "PCM")
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents providing you with any part of the Services.
- Attempt to circumvent any measures of the Services designed to prevent or restrict access to the Services or any part of the Services.
- Copy or adapt the Services' software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the Services.
- Except as the result of using a standard search engine or Internet browser, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services or use or run any unauthorized script or other software
- Use a purchasing agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and email addresses of users by electronic or other means to send unsolicited emails or create user accounts by means automated or under pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and the Content for any revenue-generating commercial endeavor.
5. CONTRIBUTIONS GENERATED BY USERS
The Services do not offer users the ability to submit or publish content. We may provide you with the opportunity to create, submit, publish, display, transmit, perform, post, distribute, or transmit content and materials to us or on the Services, including, but not limited to, text, writings, videos, audio, and photographs, graphics, comments, suggestions or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other service users and through third-party websites. When you create or make available any Contributions, you represent and warrant that.
6. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any personal information and data you provide and your choices (including settings).
By submitting suggestions or other feedback about the Services, you agree that we may use and share such feedback for any purpose without compensation to you.
We do not claim any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your contributions in any area of the Services. You are solely responsible for your contributions to the services, and you expressly agree to exonerate us from all liability and refrain from any legal action against us for your contributions.
7. SERVICE MANAGEMENT
We reserve the right, but not the obligation, to (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise turn off all files and content that are excessive in size or are in any way burdensome to our systems, and (5) manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
8. TERM AND TERMINATION
These Legal Terms will remain full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME WITHOUT PRIOR NOTICE, IN OUR SOLE DISCRETION.
Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and judicial redress.
9. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Services at any time or for any reason at our sole discretion and without prior notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection in addition to that.
10. APPLICABLE LAW
These Legal Terms will be governed and defined following the laws of California and the United States, and you irrevocably consent that the courts of California will have exclusive jurisdiction to resolve any dispute that may arise in connection with these Legal Terms.
11. DISPUTE RESOLUTION
Informal negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before starting the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question relating to its existence, validity, or termination, will be referred to and finally resolved by the Court of International Commercial Arbitration under the European Chamber of Arbitration (Belgium, Brussels, Avenue Louise, 146) according to the Regulations of this ICAC, which by reference to it is considered part of this clause. The number of arbitrators will be 1. The seat, legal place, or arbitration will be in California. The procedure will be in English. The law governing these Legal Terms shall be the substantive law of California
Restrictions
The Parties agree that arbitration shall be limited to the Dispute between the Parties. To the maximum extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to informal negotiations and arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any proprietary rights intellectual of a Party; (b) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. Suppose this provision is found to be illegal or unenforceable. In that case, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for prior jurisdiction, and the Parties agree to submit to the personal jurisdiction of that court.
12. CORRECTIONS
Information on the Services, including descriptions, pricing, availability, and other details, may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time without prior notice.
13. DISCLAIMER
WE PROVIDE THE SERVICES ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES. WE WILL HAVE NO RESPONSIBILITY FOR ANY (1) ERRORS OR INACCURACIES OF THE CONTENT AND MATERIALS, ( 2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY STORED PERSONAL INFORMATION AND FINANCIAL INFORMATION THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY A THIRD PARTY, AND (6 ) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE ARE NOT A PARTY TO OR YOU ARE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PRODUCTS OR SERVICES PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR CERTAIN US STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including at reasonable attorneys' discretion fees and expenses, incurred by any third party due to or arising from (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties outlined in these Legal Terms; (4) your violation of the rights of a third party, including, without limitation, intellectual property rights; either (5) any overtly harmful act towards any other user of the Services with whom you connected through the Services. Without limiting the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which we require you to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.
16. USER DATA
We will maintain specific data that you transmit to the Services to manage the performance of the Services, as well as data relating to your use of the Services. Although we perform regular data backups, you are solely responsible for all data you transmit or related to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you now waive any right of action against us arising from any such loss or corruption of such data.
17. COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services satisfy any legal requirement that such communication be in writing. YOU NOW AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You now waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits for any means other than electronic media.
18. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or concerning the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the maximum extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Suppose any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable. In that case, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. These Legal Terms or use of the Services do not create a joint venture, partnership, employment, or agency relationship. You agree that these Legal Terms will not be construed against us by having drafted them. You now waive all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
19. CONTACT US
To resolve a complaint about the Services or receive further information regarding the use of the Services, please contact us at web@justinsalcedo.com
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