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Disclaimers
Agreement These Terms and Conditions (the "Website
Terms and Conditions" govern your use of the Website, your
receipt of any services and information through the Website, and
your use of any demonstrations versions of EsCandela Promotions
services available through the Website (collectively, the "Services").
The Services are provided by EsCandela Promotions, a division of
Interactive Data Corporation and/or its affiliates (collectively,
"EsCandela Promotions"), and these Website Terms and
Conditions constitute an agreement between you and EsCandela Promotions.
Other services available from EsCandela Promotions or third parties
through this Website may be governed by separate agreements. In
the event of any conflict between these Website Terms and Conditions
and/or our Privacy Policy and any separate agreement you have executed
or otherwise entered into with EsCandela Promotions regarding subscription
services available through this Website, the terms of such separate
agreement shall control.
Please read these Website Terms and Conditions carefully; they impose
legal obligations on you. By accessing our Website or using the
Services, you are acknowledging that you have read and understood
these Website Terms and Conditions and agree to be legally bound
by them.
In addition, if you register as a user (a "Subscriber")
of any of the features of our Website or Services offered through
our Website, during the registration process (and from time to time
as EsCandela Promotions may require) you will be prompted to click
an "Accept," "Submit" or similar button,
which further confirms your agreement to be legally bound by these
Website Terms and Conditions.
Ownership of Information
Downloading of Materials; Retransmission and
Redistribution of Data Unless otherwise noted, all right, title
and interest in and to the Website, and information made available
in the Services, in all languages, formats and media throughout
out the world, including all copyrights and trademarks therein,
are and shall continue to be the exclusive property of EsCandela
Promotions, its affiliates or Data Providers, or used under principles
of ìfair use.î Certain materials may be made available for download
from this Website. Subject to these Website Terms and Conditions,
EsCandela Promotions grants you permission to download and copy
such materials solely for your internal, non-commercial use; provided
that all copyright notices appearing on the originals are duplicated
on all copies thereof; and provided further, that you do not modify
the materials in any way. Without limiting any other right or remedy
available to EsCandela Promotions, at law or in equity, the permission
herein granted will automatically terminate in the event you breach
the terms of this paragraph and, in such event, you must destroy
immediately all downloaded materials in your possession, custody
or control. EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING
PARAGRAPH, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE,
SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES
OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL
OR BUSINESS) WITHOUT THE PRIOR EXPRESS PRIOR WRITTEN CONSENT OF
ESCANDELA PROMOTIONS AND/OR THE RELEVANT DATA PROVIDERS. IN ADDITION,
YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF ESCANDELA
PROMOTIONS AND THE RELEVANT DATA PROVIDERS, MAKE COPIES OF ANY OF
THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED, ELECTRONICALLY
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING,
DISASSEMBLING OR CREATING DERIVATIVE WORKS. YOU FURTHER AGREE NOT
TO USE THE SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES
FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH REASONABLE REQUESTS
BY ESCANDELA PROMOTIONS TO PROTECT THE RESPECTIVE RIGHTS OF ESCANDELA
PROMOTIONS, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN
THE SERVICES AND IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
Disclaimer regarding Links and Other Third Party Content
From time to time, the Services may provide you
with the ability to access certain content from third parties, through
links to the websites of such other parties or through content that
other parties, themselves, post on the Website. When you access
such third party content, YOU PROCEED AT YOUR OWN RISK. EsCandela
Promotions does not guarantee that it will screen such content or
that such content will be accurate, free from errors, consistent
with what it purports to be or appropriate to fit your needs. You
agree that EsCandela Promotions shall not be held liable for any
trading activities or other activities that occur on any website
you access through links on the Website. We provide these links
as a convenience, and do not endorse the content or services offered
by these other sites. If EsCandela Promotions permits users of the
Services to post content to the Website, EsCandela Promotions reserves
the right to screen such content but does not guarantee that it
will do so. All decisions on whether or not to retain, disseminate
or remove content posted by users shall be made by EsCandela Promotions
in its sole discretion. Users are prohibited from using the Services
to violate any laws or to violate the rights of EsCandela Promotions
or of any third parties, all as further provided in our Subscriber
Code of Conduct, below.
Subscriber Code of Conduct
When you register as a Subscriber at our Website, you gain access to a range of Services, including the
ability to participate in our chat room, exchange instant messages, post messages to bulletin boards, and
share files. The following Subscriber Code of Conduct governs your use of these areas and any other interactive areas on our Website:
I agree that I will not upload to, post at, or transmit through the Website:
(i) any materials that restrict or inhibit any other user from using and enjoying the Website;
(ii) any materials that are unlawful, threatening, abusive, defamatory, obscene, offensive, pornographic, profane,
or indecent, including without limitation any transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate applicable law or regulation;
(iii) any materials that violate or infringe the rights of others, including without limitation rights under copyright,
trademark, or patent law; rights of privacy or publicity; or rights under securities or other applicable law; or
(iv) any materials that contain a virus or other harmful or illegal component.
I further agree that I will not:
(i) (i) alter, damage or delete any materials appearing on the Website;
(ii) (ii) disrupt the normal flow of communication on the Website, such as through ìspamî email or by other means;
(iii) claim a relationship with or speak for any business, organization, or person for which I am not authorized to
claim such a relationship; or
(iv) violate any operating rule, policy or guideline of my Internet access provider or online service.
We reserve the right to prohibit or restrict conduct within an Interactive Area, and reserve the right to edit, refuse to
post, or to remove any content, in whole or in part, which in our sole discretion we believe violates our Subscriber Code
of Conduct, or is otherwise objectionable.
Communications to our Users
1. EsCandela Promotions: EsCandela Promotions sends emails and/or postal mailings
to new subscribers and to provide to existing subscribers information regarding their
specific EsCandela Promotions products. Periodically, EsCandela Promotions will send news
and information to subscribers and other parties who have expressed interest in EsCandela
Promotions and its products. These communications are an information service to users who
have indicated a preference to receive promotions relating to EsCandela Promotion's Product,
Website and services, and to receive special offers relating to third-party products, sites
and services. You can opt out of receiving these promotional communications through the
Self-Maintenance area of our Website. For so long as you use EsCandela Promotions products
and services or otherwise maintain a business relationship with EsCandela Promotions, however,
you may not opt out of receiving communications from EsCandela Promotions relating specifically
to those products and services or business relationship.
2. Third Parties: Except as described in this Privacy Policy, we do not share personally
identifiable information with anyone, unless we have informed you of a change to our Privacy
Policy and given you the opportunity to then choose to opt out. Once you have indicated that your
information may be shared with third parties or you have responded to an offer by any third party on
the Website, EsCandela Promotions can no longer update any of your personally identifiable information
that has been transferred to such third parties or opt you out of such third parties so that you no longer
receive their promotional and/or marketing information. Instead, you must either contact that third party
or refer to its privacy policy to update your personally identifiable information or to let the third party
know that you no longer want to receive promotional and/or marketing information about its products, services or offerings
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