BiographyBiography.com and/or BiografiaBiografia.com provide a service where people can publish biographies, photographs, video films, photo films, audio, family trees and other information so that they can preserve their memories.
By using the BiographyBiography.com and/or BiografiaBiografia.com web sites, whether browsing pages, clicking on third-party links, searching the web, or utilizing services such as writing your biography, publishing writings, images, or audio, commenting on things you view or hear, or participating in any partner or sponsor program (the "Service") you ("User", "you" or "your") agree to be bound by this Terms of Use Agreement ("Agreement"). User agrees that BiographyBiography.com and/or BiografiaBiografia.com have, by making the Service available to User, provided fair and equitable consideration for entering into this Agreement. This Agreement sets out the legally binding terms of your use of the Service and may be modified by BiographyBiography.com and/or BiografiaBiografia.com from time to time, with such modifications effective upon posting on the Service by BiographyBiography.com and/or BiografiaBiografia.com to the websites located at www.BiographyBiography.com and/or www.BiografiaBiografia.com under the link on the bottom of the page entitled "Terms of Use". This Agreement is also, in part, BiographyBiography.com and/or BiografiaBiografia.com Acceptable Use Policy, governing your use of the Service, including any and all communications you have with others, and any and all Content ("Content", meaning information, writings, images, text, photo's, video, audio, art, and/or selections of multiple-choice boxes and lists) you publish (hereinafter "publish" or "post") on the Service. You may also receive a copy of this Agreement by contacting us at the address located in the Notices section of this Agreement.
1. Self Publishing Service
You recognize and accept that BiographyBiography.com and/or BiografiaBiografia.com offer a non-moderated service which enables you to publish any information you want, subject to legal limitations and to policies stated herein, in the space provided (self publishing).
2. Non Commercial Use
The Service is for personal use only and may not be used in connection with any commercial endeavors other than by BiographyBiography.com and/or BiografiaBiografia.com or as a formally approved business partner of BiographyBiography.com and/or BiografiaBiografia.com. Any commercial use of the Service, including but not limited to collecting user information by any means is prohibited. Commercial advertisements, links and other forms of advertising or solicitation may result in the deletion of involved biographies without notice or warning and may also result in termination of User privileges.
3. Non-Moderated Service
BiographyBiography.com and/or BiografiaBiografia.com provide the technology and infrastructure for the Service in a similar manner to how a telephone company provides its technology and infrastructure for its customers. Like them, we do not monitor User communications - people may publish any content they want. However, we do set forth standards of behavior from both a legal and business standpoint in this Agreement. Any User found to be violating those standards may have action taken against them without notice which ranges from deletion of Content, to deletion of entire biographies, to being barred from the Service, and even to referrals to law enforcement authorities. And while BiographyBiography.com and/or BiografiaBiografia.com do not maintain a practice of moderating the Service, we may at our discretion review photos and video prior to their ability to be viewed online, and we may randomly or specifically review biographies to check for compliance with the standards stated herein; that BiographyBiography.com and/or BiografiaBiografia.com may do this, User agrees that this does not in any way form an obligation or expectation that BiographyBiography.com and/or BiografiaBiografia.com will do this and, as such, User will not place any reliance on BiographyBiography.com and/or BiografiaBiografia.com to moderate or otherwise keep the Service void of any illegal or otherwise objectionable Content.
4. Legal Documents
The Service is not meant as a substitute for, or a repository of any legal documents. Furthermore, no section of the Service, is a substitute for a legal will or other such document. No employee, agent or representative is in any way qualified to provide User with advice on any legal matter or document and User specifically agrees that no reliance will ever be made on any part of the Service, nor on any employee, agent or representative of BiographyBiography.com and/or BiografiaBiografia.com. To create a will, or any other legal document, User agrees to ONLY rely on a licensed attorney who specializes in such matters and who has no affiliation with BiographyBiography.com and/or BiografiaBiografia.com.
5. Representations and Warranties
As a User of the Service, you understand, represent, warrant, and agree that;
a. You are over 18 years of age, or, alternatively, you have the permission of your parents or legal guardian to participate in the Service.
b. You are solely responsible for any and all Content that you publish on the Service and/or transmit to others via email, pop-up fill-in forms such as "Talk to us" or other means.
c. Your use of the Service, whether publishing information or viewing biographies, as well as any communications you have with others, is entirely voluntary; you can stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for information you read and/or publish, and for your interactions with others.
d. You will be solely responsible for setting, managing and securing your passwords, if active. If you share it with others, your password is your complete responsibility.
e. BiographyBiography.com and/or BiografiaBiografia.com do not moderate the Service nor do we maintain an active censorship program. We may, however, either directly or via our authorized representatives, and without any need for explanation, review, suspend, and/or delete anything published on your biography which in the sole judgment of BiographyBiography.com and/or BiografiaBiografia.com violates the terms or spirit of this Agreement.
f. If you or anyone else using the Service is in any way damaged by anything you publish, with such damage(s) being financial, psychological, physical, or otherwise you agree to indemnify BiographyBiography.com and/or BiografiaBiografia.com, as well as all officers, directors, employees, and agents, and hold them harmless from any such damage(s).
g. You will abide by standards of conduct and decency which are in line with the general online community, as well as all laws. Violation of this, in sole and absolute discretion, may result in BiographyBiography.com and/or BiografiaBiografia.com taking appropriate action against you including, without limitation, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content that:
is in any way illegal or unlawful for you to personally post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with;
harasses or advocates harassment of another person;
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
provides access (either directly or via links) to an illegal or unauthorized copy of another person's copyrighted work, such as computer programs, music, videos, photographs, etc;
providing information to circumvent manufacturer-installed copy-protect devices;
displays pornographic or sexually explicit material of any kind;
provides instructional information about activities such as making or buying weapons, violating someone's privacy, or creating or distributing computer viruses;
solicits passwords or personally identifying information for any purpose from others;
is an adult soliciting a relationship with a minor;
constitutes, or could be construed as, harmful matter or indecent communications to minors;
constitutes, or could be construed as, child pornography or the abuse of children;
constitutes, or could be construed as, being abusive to women;
constitutes, or could be construed as, being abusive to animals;
entices or promotes hate or violence against any particular race, nationality, religion, or lifestyle;
is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity;
is either directly or indirectly an unapproved advertisement of any form for commercial purposes;
constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights; and,
in any program, file, data stream or other material contains viruses, worms, "Trojan horses" or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity.
II. As the providers of the Service, BiographyBiography.com and/or BiografiaBiografia.com represent and warrants that it will use commercially reasonable efforts to maintain the Service in good working order and available to the majority of people on the world wide web.
6. Billing
Biographies or packages are billed on a one-time non-refundable basis. Updates in biographies will have an extra cost every time the user orders a change.
Once the biography is online, will remain online forever (with "forever" being defined to mean "as long as the Service remains online and BiographyBiography.com and/or BiografiaBiografia.com continue as an active, viable, ongoing business"). There are no fees for bandwidth, customer service or maintenance. Service fees could be change anytime by BiographyBiography.com and/or BiografiaBiografia. This will not affect existing clients.
7. Proprietary Rights of BiographyBiography.com and/or BiografiaBiografia.com owns and retains all proprietary rights in the Service and in the Content it publishes on its own behalf thereon, as well as all programming code, user-interface designs, database methodologies, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary information of BiographyBiography.com and/or BiografiaBiografia.com and its partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Furthermore, BiographyBiography.com and/or BiografiaBiografia.com maintain the right to send periodic emails to you and/or to everyone in your list of Connections, at frequencies determined solely by BiographyBiography.com and/or BiografiaBiografia.com, which may include advertisements from third party vendors and advertisers (BiographyBiography.com and/or BiografiaBiografia.com will never sell your personal data to any vendor or advertiser, but may send emails to you and your Connections with their information in them); with the most common, but not only, instances being on your birthday, wedding anniversary and other important dates.
8. Copyright Policy
You are solely liable for what you publish on the Service. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Furthermore, by posting any Content, you hereby grant to BiographyBiography.com and/or BiografiaBiografia.com the non-exclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate such Content on the Service. You also accept that people who view the things you have published can easily themselves make copies of that Content. And that various search engines may spider, index and display part or all of your Content. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature 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; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; and a written 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; 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. BiographyBiography.com and/or BiografiaBiografia.com copyright agent for notice of claims of copyright infringement can be reached as follows: BiographyBiography.com and/or BiografiaBiografia.com, Av. Américas 1536 - 4. Col. Country. Guadalajara, Jalisco. Mexico. 44637.
9. Privacy Policy
Use of the Service is also governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference.
10. Links to Third-Party Web Sites
The Service contains links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of BiographyBiography.com and/or BiografiaBiografia.com and User explicitly agrees that BiographyBiography.com and/or BiografiaBiografia.com are not responsible for the content on any Linked Site; including, without limitation, any link contained in a Linked Site, anything published on a Linked Site, any changes or updates to a Linked Site, nor if the Linked Site is working appropriately. BiographyBiography.com and/or BiografiaBiografia.com are providing these links to User only as a convenience. You are responsible for viewing and abiding by the privacy policies and terms of use agreements posted at a Linked Site, if any. Furthermore, any activity or dealings with third parties (including advertisers) linked to from the Service, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party; BiographyBiography.com and/or BiografiaBiografia.com shall not be responsible nor liable for any part of any such activity or dealings.
11. Disclaimers
BiographyBiography.com and/or BiografiaBiografia.com are not responsible for any user Content published on the Service, or in connection with the Service, whether by User or by other users. BiographyBiography.com and/or BiografiaBiografia.com are not responsible for the conduct, whether online or offline, of any user of the Service. BiographyBiography.com and/or BiografiaBiografia.com assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of, unauthorized access to, nor alteration of your Content or any User communications. BiographyBiography.com and/or BiografiaBiografia.com are not responsible for any problems or technical malfunction of any internet connectivity, computer software, systems, servers or providers, networking equipment, load balancers, storage devices and/or media, failure of email, or traffic congestion on the internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will BiographyBiography.com and/or BiografiaBiografia.com be responsible for any loss or damage, including but not limited to personal injury or death, resulting from your use of the Service, any Content posted on the Service or transmitted to or from User, or any interactions between User and others, whether online or offline. That BiographyBiography.com and/or BiografiaBiografia.com may, in its sole and absolute discretion, review photos, video and/or other Content, and may even delete some Content from the system before or after it is published for viewing, does not in any way imply that BiographyBiography.com and/or BiografiaBiografia.com are obligated to do so, nor that it formally edits or moderates the Service. THE SERVICE IS PROVIDED "AS-IS" AND, EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ABOVE, BiographyBiography.com and/or BiografiaBiografia.com DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BiographyBiography.com and/or BiografiaBiografia.com DO NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, BiographyBiography.com and/or BiografiaBiografia.com ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING USERS AND ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.
12. Liability Limitations
IN NO EVENT SHALL BiographyBiography.com and/or BiografiaBiografia.com BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF BiographyBiography.com and/or BiografiaBiografia.com AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF BiographyBiography.com and/or BiografiaBiografia.com HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR FOR ANY MISTAKES SUCH AS ALLOWING OR DISALLOWING ANY CONTENT, NOR FROM ANY PREMATURE SEALING OF A BIOGRAPHY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT BiographyBiography´s and/or BiografiaBiografia's LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY AMOUNT PAID, IF ANY, BY USER TO BiographyBiography.com AND/OR BiografiaBiografia.com FOR THE SERVICE DURING THE TERM OF USER'S USE.
13. Term
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. BiographyBiography.com and/or BiografiaBiografia.com may terminate your account(s) (if any) at any time and without reason, with no notice required. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 7, 8, 9, 11, 12, 14, 15 and 16 of this Agreement.
14. Binding Arbitration, Applicable Law and Venue, Attorneys Fees.
This Agreement is governed by, and will be interpreted and enforced in accordance with, the laws of Mexico, without regard to principles of conflict of laws. Any claim or dispute arising under this Agreement may only be brought in arbitration, pursuant to the rules of the Mexican Republic, with venue in the city of Guadalajara in the state of Jalisco. Each of User and BiographyBiography.com and/or BiografiaBiografia.com consent to this method of dispute resolution, as well as jurisdiction, and consents to this being a convenient forum for any such claim or dispute and waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorney’s fees, and the decision of the arbitrator shall be binding and enforceable in any court.
15. Indemnity
You agree to indemnify and hold BiographyBiography.com and/or BiografiaBiografia.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
16. Entire Agreement and Force Majeure
This Agreement, accepted upon use of the Service, contains the entire agreement between User and BiographyBiography.com and/or BiografiaBiografia.com regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances beyond its reasonable control, including but not limited to, acts of nature, war, riot, embargo, acts of civil or military authorities, equipment failures, fire, flood, earthquake or other natural forces, accident, strike, or shortage of fuel or energy.
17. Changes
BiographyBiography.com and/or BiografiaBiografia.com have the right, at its sole discretion, to modify either this Agreement or the Service at any time. Changes to this Agreement will be posted on BiographyBiography.com and/or BiografiaBiografia.com so that you may review it. If any portion of this Agreement or any change to the Service is unacceptable to you then you should immediately discontinue your use of the Service; continued use of the Service means that you have accepted and are bound by this Agreement and any changes made hereto.
18. Notices
Any notices to BiographyBiography.com and/or BiografiaBiografia.com are to be sent to Av. Américas. 1536 - 4. Guadalajara, Jalisco. Mexico. 44637. Any notices to User will be sent to the email address you provide to the Service.
19. Language
It is expressly agreed that it is the will of both BiographyBiography.com AND/OR BiografiaBiografia.com and User that this Agreement, as well as the Privacy Policy, have been drawn up in English. Please contact us with any questions regarding this agreement by sending your query to the address above.
20. Extension of the Agreement
This agreement applies also to Omnibiography.com and/or Omnibiografia.com. Therefore every time your read BiographyBiography.com and/o BiografiaBiografia.com it can be interpreted like Omnibiography.com and/or Omnibiografia.com.
BiographyBiography.com and/or BiografiaBiografia.com and Omnibiography.com and/or Omnibiografia.com are commercial products; any legal aspect related to them will be responsibility of Omninternet SA de CV. Av. Américas 1536 - 4. Guadalajara, Jalisco. México, 44637.
BiographyBiography.com and/or BiografiaBiografia.com
Updated January 7, 2007
