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This Terms of Services is divided into two sections,
The top section: The MartinezVibes.com Conversion,
and the main section: Administrative and Legalities.
The top section discusses the transition MartinezVibes.com will undertake
when converting from the static HTML service provided presently, to
the dynamic, client-editable data-base site that is being developed.
The main section discusses the overall usage and conditions of the site.
The MartinezVibes.com Conversion
We at MartinezVibes.com would like to share the excitement
of what is planned for our future. The best way to get a glimps of this
is by visiting ABOUT:
The Future in our About Us section. Presently, all work done on
the MartinezVibes.com site is done by hand. After the Conversion from
static HTML to the dynamic data-base driven process, client-supplied
content and timeliness of changes will be in the hands of the client,
made through intuitive browser-based forms, without any need of web
developement or design knowledge. That in mind, all forms and displayed
content are designed and prepared ahead of time to be esthetically attractive,
balanced, and logical. The area that will be most affected in the conversion
is the Menu Pages from the Restaurant Corner.
Menu Pages
All the menus in the Restaurant Corner are presently scanned in and
placed by hand, Once the conversion takes place, we will no longer display
scanned menus. Those menus, as well as all menus after, will be input
through a menu-building online form. The displayed menu will be more
interactive, the page will view quicker, and it will have more features.
The primary reason though is that it will be editable by the client,
any time, and items like "Daily Specials" can be changed regularly.
Business Card Pages
Business cards are either scanned by us or files are sent in from the
client (you), and this will not change. However, right now we create
each Business Card Page by hand from the information you send us using
the Signup Form. After the 'Conversion' to the database site, once you
fill out the Signup form, you will be given an access code to be able
to go online and update or change your business information anytime
you like, as often as you like, for no additional charge. It is your
own mini web-page that you have full control over.
Please note that some business cards have very small
text fonts and are difficult to read. We try to get the best scan we
can from your card, however, scanning from a previously printed peice
does not always bring you the best results. Sending us a digital file
of your original production will result in the best quality. (We only
accept horizontal formatted cards).
Administrative and Legalities
Acceptance of Terms
MartinezVibes.com provides its service to you, subject to the following
Terms of Service ("TOS"). MartinezVibes.com reserves the right
to add, delete, or modify any provision of its TOS at any time without
notice. You can review the most current version of the TOS at any time
on our web site at http://www.MartinezVibes.com/php/terms.php.
Payment Schedule
All services and subscriptions are made payable through, and in accordance
with PayPal®.
Subscription payment dates are usually withdrawn from your account automatically,
by PayPal, on the same day (unless it does not fall on a business day)
of the month that the subscription was started. A late fee of $20 per
month may be charged to any customer not paying the minimum amount due
by their due date. MartinezVibes.com has the right to stop service to
any customer based on unpaid account balances.
Confidentiality and Privacy
Policy
We consider all information you provide to us as confidential. Even
information used as Content for your website is confidential while in
production until it is published on the internet. Your administrative
and contact information is also private and will not be shared. We do
not sell or share any phone, email, or other contact information. Being
that MartinezVibes.com uses PayPal to handle all financial transactions,
MartinezVibes.com never comes in contact with your credit card or banking
information.
Customer Responsibilities
You understand that all information that you have supplied to be published,
is your sole responsibility for accuracy and legitamacy. This means
that you, and not MartinezVibes.com, are entirely responsible for all
Content uploaded, posted or otherwise transmitted via the Service.
MartinezVibes.com as part of its service might provide
minimal copywriting/copyediting, spell checking, grammar usage or edit
the text of your Content, all in the best interest of your business
and MartineVibes.com. DO NOT depend or expect that MartinezVibes.com
will provide this service.
You understand that even if MartinezVibes.com does
some corrections in your Content, you, and not MartinezVibes.com, are
entirely responsible for all Content. Under no circumstances will MartinezVibes.com
be liable in any way for any Content or images, including, but not limited
to, any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service. Basically,
the service of MartinezVibes.com publishes your Content just as you
send it, minus any text formating or image resizing.
You acknowledge and agree that MartinezVibes.com may
preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety
of MartinezVibes.com, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. You acknowledge that
MartinezVibes.com does not pre-screen Content, but that MartinezVibes.com
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or remove any Content that is available via
the Service. Without limiting the foregoing, MartinezVibes.com and its
designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content.
Illegal Use
MartinezVibes.com may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data, or material in violation
of any applicable law or regulation is prohibited. This includes, but
is not limited to: copyrighted material; trademarks; trade secrets or
other intellectual property rights used without proper authorization;
material that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws.
You agree to not use the Service to transmit, store
or distribute any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes;" transmit, store or distribute any material
that contain software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
You agree not to collect or store personal data about
other users, promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or individual,
or promote any act of cruelty to animals. This may include, but is not
limited to, providing instructions on how to assemble bombs, grenades
and other weapons, and creating "Crush" sites;
Indemnity
You agree to indemnify and hold MartinezVibes.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your Content, your
use of the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
Resale of Service and
Images
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service or provided Images, use of the Service or
provided Images, or access to the Service or provided Images. You acknowledge
and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and
other laws. Except as expressly authorized by MartinezVibes.com, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service, Software or provided Images, in whole or
in part.
Image Sizing and Optimizing
We may, if required, optimize the images that you supply for your advertisements
and web pages. This means we reduce the resolution or size if needed,
and save as a proper format if needed. This is done for faster viewing
time while keeping the best quality obtainable. This will probably go
unnoticed to you unless the size needs to be changed drastically. It
is mandatory that we prepare the images through this process, and will
do so within the best interest to your advertisement(s) and web page(s),
and our discretion
Notice
Notices to you may be made via either email, regular mail, or by telephone.
The Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally on
the Service.
General Information
The TOS constitute the entire agreement between you and MartinezVibes.com
and govern your use of the Service, superceding any prior agreements
between you and MartinezVibes.com (including, but not limited to, any
prior versions of the TOS). The TOS and the relationship between you
and MartinezVibes.com shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and
MartinezVibes.com agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Contra Costa, California.
The failure of MartinezVibes.com to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related
to use of the Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no legal or contractual
effect.
Website Content Backup
You understand that in case of hardware failure, some or all information
about your Web page(s) and advertising might be lost. This is despite
MartinezVibes.com's effort to regularly backup your Content. MartinezVibes.com
is not liable for any loss or damage arising from the lost of information.
Adult Content
Adult-oriented advertising, pornography and sex-related merchandising
are prohibited. This includes sites that may infer sexual Content or
provide links to adult Content elsewhere.
Actions Taken by MartinezVibes.com:
The failure by a customer to meet or follow any of the above Terms of
Use is grounds for account deactivation. MartinezVibes.com will be the
sole arbiter as to what constitutes a violation of the Terms of Use.
MartinezVibes.com reserves the right to remove any account without prior
notice. When MartinezVibes.com becomes aware of an alleged violation
of its Terms of Use, MartinezVibes.com will initiate an investigation.
During the investigation, MartinezVibes.com may restrict a customer's
access in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, MartinezVibes.com may, at
its sole discretion, restrict, suspend, or terminate a customer's account
and/or pursue other civil remedies. If such violation is a criminal
offense, MartinezVibes.com will notify the appropriate law enforcement
authorities of such violation.
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