The following terms and conditions govern all use of the miguelmaiquez.com website ("the Website") and all content available at or through the Website, including, but not limited to, any embedded comments that you create via the Website's comments hosting service. The Website is owned and operated by Miguel Máiquez ("the Administrator"). 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, miguelmaiquez.com's Privacy Policy) and procedures that may be published from time to time on this site by the Administrator (collectively, the "Agreement").
By accessing or using any part of the Website, 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 the Administrator acceptance is expressly limited to these terms.
1. Rights, License and Attribution
The content published on the Website belongs to Miguel Máiquez and, if applicable, to the media in which it may have been originally published. The content created by Miguel Máiquez, including texts and photographs signed by (credited to) Miguel Máiquez, can be used under the Creative Commons Attribution – Non-Commercial – No Derivative Works 4.0 International license (CC BY-NC-ND 4.0 Deed), under the following terms:
- Attribution: You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- Non Commercial: You may not use the material for commercial purposes.
- No Derivatives: If you remix, transform, or build upon the material, you may not distribute the modified material.
The legal rights of third party content that may appear on this website belong to its authors and/or to the media for which they created it for, and/or to the holders of the reserved rights, if any. For any claim, please contact.
2. Commercial Use
This website is not for profit and has no commercial use. This is a personal website.
3. Responsibility of Contributors (Comments Authors)
If you 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 does not contain threats, does not incite hatred or violence, does not advocate terrorism, racism, xenophobia, homophobia, misogyny or transphobia, and does not violate the privacy or publicity rights of third parties;
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- the Content is not named in a manner that misleads your readers into thinking that you are another person or company; 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 the Administrator or otherwise.
The Administrator assumes no responsibility for monitoring any site or forum or embedded comments or anything that you create via the hosting service for inappropriate or illegal Content nor review any Content before it is posted.
4. Contributor Agreement and User Content License
You agree that all Content that you contribute to the Website is perpetually and irrevocably tri licensed to the Administrator under a Creative Commons Attribution 3.0 Unported License and a Creative Commons Attribution 4.0 International License and the MIT license.
User contributions are licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Without limiting any of those representations or warranties, the Administrator has the right (though not the obligation) to, in the Administrator's sole discretion, (i) refuse or remove any content that, in the Administrator's reasonable opinion, violates any of the Website's policies or is in any way harmful or objectionable, or (ii) refuse or remove any content for any reason, or for no reason at all, or (iii) terminate or deny access to and use of the Website to any individual or entity for any reason, or for no reason at all, in the Administrator's sole discretion.
5. Responsibility of Website Visitors
The Administrator 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, the Administrator 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. The Administrator 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.
6. Content Posted on Other Websites
The Administrator has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which miguelmaiquez.com links, and that link to the miguelmaiquez.com. The Administrator does not have any control over those non-miguelmaiquez.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-miguelmaiquez.com website or webpage, the Administrator 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. The Administrator disclaims any responsibility for any harm resulting from your use of non-miguelmaiquez.com websites and webpages.
7. Copyright Infringement
As the Administrator asks others to respect the Administrator's intellectual property rights, the Administrator respects the intellectual property rights of others. If you believe that material located on or linked to the Website violates your copyright, you are encouraged to notify the Administrator. The Administrator will make every effort to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Administrator 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 the Administrator or others.
8. Intellectual Property
This Agreement does not transfer from the Administrator to you any intellectual property belonging to the Administrator, and all rights, title and interest in and to such property will remain (as between the parties) solely with the Administrator.
9. Changes
The Administrator 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. The Administrator 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.
10. Termination
The Administrator 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, you may simply discontinue using the Website. 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.
11. Disclaimer of Warranties
The Website is provided "as is". The Administrator 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 the Administrator nor its suppliers and licensors, makes any warranty that the Website will be error free or that cess 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.
12. Limitation of Liability
In no event will the Administrator, 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; or (iii) for interruption of use or loss or corruption of data. The Administrator 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.
13. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Administrator's 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 country in which this website resides 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.
14. Indemnification
You agree to indemnify and hold harmless the Administrator, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys's fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
15. Miscellaneous
This Agreement constitutes the entire agreement between the Administrator and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Administrator, or by the posting by the Administrator of a revised version. 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; The Administrator 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. If you make a suggestion about how the Website can be changed or improved, that suggestion is made for free. That is, the Administrator can use your suggestion in any way, and does not have to pay you for it.
16. Jurisdiction
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 Canada.
17. Translation
These Terms were originally written in Spanish. In the event of a conflict between a translated version of these Terms and the Spanish version, the Spanish version will control.