| PRIVACY POLICY & RULES OF
USAGE
And Other Lawyer Love
Poetry
By using this Más Kapital website, you agree to be bound
by these Terms and Conditions.
Really. And
agreeing to be bound is not always a bad thing. We reserve the right to
update or change these Terms and Conditions at any time for any
reason. Hey, it is OUR
magazine. And by
continuing to use this website, you agree to be bound by any such
revisions, and should periodically visit and print the latest
version of the Terms and Conditions for your records. Printing terms
and conditions does not sound like a lot of fun, but if you're the
kind who gets off on legal things and is completely obsessed with
privacy issues, be our guest.
1. PRIVACY
We respect your privacy. Always have, always will,
because that's the kind of privacy-loving people we are. When you use the Más Kapital
website, you consent to Más kapital using your personal information
in the manner specified in these Terms and Conditions. Más Kapital cannot and does
not assume any responsibility or liability for the nature or
ownership of any information you submit, or for your or third
parties' use or misuse of information transmitted or received using
this website. and is that a fine piece of writing or what? what do
they teach in those law schools?
Contact
and Questions:
You may submit
questions, comments, or concerns to us on the Más Kapital
website. We'd love to
hear from you; it makes us feel so less alone. You may also request further
information from us. We
will ask for your name, e-mail address, and your comment or
question. Any
information that Más Kapital receives in this manner will not be
shared with third parties.
Ever. We will
only use the information to respond to your inquiry or send you
further information as you requested, and we may share it internally
to improve our service to you. after all, Service is our middle name
(actually, it's "John," but "Service" would be so much cooler and
corporate sounding).
Security:
Unfortunately, no data
transmission over the Internet can be guaranteed 100% secure. It's a big scary world out
there beyond our control. As a result, while we strive
to protect your personal information, Más Kapital cannot ensure or
warrant the security of any information you transmit to us, and you
do so at your own risk.
Más Kapital will not be liable for disclosures of your
personal information due to errors in transmission or unauthorized
acts of third parties.
However, once we receive your transmission, we will make our
best effort to ensure its security on our
systems.
Use
of IP Addresses:
An Internet Protocol
(IP) address is a number automatically assigned to your computer
whenever you surf the Web.
Web servers automatically identify your computer by its IP
address. When visitors
request pages from Más Kapital, our servers log their IP
addresses. We do not
normally link IP addresses to anything personally identifiable,
which means that a visitor's session will be logged, but the visitor
remains anonymous to us.
Más Kapital collects IP addresses for the purposes of system
administration and to audit the use of our site. We also use IP addresses to
collect statistical information to send to our advertisers and for
other marketing and promotional
purposes.
Cookies:
Más Kapital does not
use cookies to collect information. They're much better to eat
with a nice cold glass of nonfat milk.
Other
Information Collectors:
Except as otherwise
expressed in these Terms and Conditions, this document only
addresses the use and disclosure of information we collect from
you. should you
disclose your information to other parties, such as outside links to
other sites, different rules may apply to their use or disclosure of
that information. The
third-party advertisers on our website adhere to their own privacy
customs and policies, and since Más Kapital does not control them,
you are subject to their privacy customs and policies. We encourage you to ask
questions before you disclose your personal information to
others. but you're on
your own, because all this talk of parties makes us want to get out
of the office.
2. MODIFICATIONS &
Monitoring
We may discontinue, add to, modify, upgrade, or replace
all aspects of the website at our sole discretion and without
notice. In particular,
we reserve the right to modify, supplement, delete, discontinue, or
remove any software, file, publications, information, communication,
or other content appearing on or transmitted through the
website. Más Kapital
has no obligation to monitor the services offered on this website or
any use thereof or to retain the content of any user session. However, Más Kapital
reserves the right at all times to monitor, review, retain, and/or
disclose any information necessary to satisfy any applicable law,
regulation, legal process, or governmental request, or to cooperate
with law enforcement and other authorities in investigating a claim
of illegal activity.
bad guys suck, and we will help the authorities when
requested. Más Kapital may use IP addresses to identify a user to
enforce compliance with our Terms and Conditions or to protect our
service, site, customers, or others.
3. DISCLAIMERS
Your use of this website is at your sole risk, you daring
soul, you. Neither Más
Kapital nor any of its employees, affiliates, agents, third-party
content providers, and suppliers warrants that maskapital.com will
be uninterrupted or error-free; nor does Más Kapital make any
warranty as to the accuracy, reliability, completeness, or content
of any information or service provided through maskapital.com. we
may be lovable, but we're not
perfectionists.
All services, products, customization, and materials
obtained through maskapital.com, including all text, graphics,
links, animation, java script, are provided on an "as is" and "as
available" basis. We
disclaim all warranties and conditions, either express or implied,
including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title, and
non-infringement, with regard to the products, services, and
information contained on or made available through this site,
including, but not limited to, the availability of the products or
services. We make no
representations or endorsements of any products or services on the
website. and is that not the most repetitious bunch of statements
ever?
This disclaimer of warranty and/or liability applies to
any damages or injury caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or
destruction, failure to send or to receive material or data, or
unauthorized access to, alteration of, or use of record, and all
causes of action for the same, whether based on breach of contract,
tortuous behavior, negligence, or otherwise. (Lots of scary stuff; bet
you can't say it all in one breath.) You specifically acknowledge
that Más Kapital is not liable for the defamatory, offensive, or
illegal conduct of other users or third parties, and that the risk
of injury from the foregoing rests entirely with
you.
In no event is Más Kapital liable for any damages caused
by your or any third party's acts or omissions. Más Kapital is not
responsible for any content distributed by you through the website
or associated services.
No advice or information, whether oral or written, obtained
by you through the website shall create any warranty not expressly
stated in these terms and conditions. Some jurisdictions do not
allow the exclusion of certain warranties. Accordingly, not all of the
above limitations may apply to you.
4.
Limitation of liability
Más Kapital's entire liability for any direct damages of
any nature shall be limited to the total fees You actually paid to
Más Kapital for the service in question. To the maximum extent
permitted by applicable law, in no event shall Más Kapital be liable
for any special, punitive, incidental, indirect, consequential, or
contributory damages whatsoever (including without limitation,
damages for loss of business profits, business interruption, loss of
data, or any other pecuniary loss), whether in an action in
warranty, contract, or tort, arising out of or in any way connected
with (i) the use or performance of this website; (ii) the delay or
inability to use this website; (iii) the provision of or failure to
provide services, or for any information, services, and related
graphics contained on or made available through this website; and
(iv) the failure to provide the products or services. Some states do not allow the
exclusion or limitation of incidental or consequential damages, so
the above limitation may not apply to you. We do suggest moving out of
those states, because they don't sound very
friendly.
5.
INTELLECTUAL PROPERTY
Copyrights:
All of the content of this
website, including information, data, text, graphics, logos, button
icons, images, pictures, audio clips, and software, is the property
of Más Kapital, our strategic partners or suppliers, or content
providers, and is protected by United States copyright laws. The Content of
maskapital.com is copyrighted as a collective work under United
States copyright laws.
Except as granted in the limited license below, any other use
of this Content, including modification, transmission, presentation,
distribution, or republication, is prohibited without the prior
written consent of Más Kapital.
Trademarks:
All trademarks, trade
names, brand names, and service marks of Más Kapital, whether
registered or unregistered, are the property of Más Kapital and are
protected by United States trademark laws. Except as granted in the
limited license below, any use of these assets is prohibited without
the prior written consent of Más Kapital. All other trademarks,
product names, and company names or logos cited herein are the
property of their respective owners.
Limited
License:
You may display and,
subject to any restrictions or limitations relating to specific
material as posted on the website or otherwise known to you,
download portions of the material on maskapital.com solely for your
personal, non-commercial use.
Termination
of License:
If you violate any of
these Terms and Conditions, your permission to use the Content of
this website will automatically terminate, and you must immediately
destroy any copies you have made of any portion of the Content. but
destroy it nicely, if you can — no need to be mean about
it.
6.
THIRD-PARTY CONTENT
Más Kapital is a distributor of content supplied by third
parties. Accordingly,
Más Kapital does not have editorial control over such content. Any opinions, advice,
statements, services, offers, or other information or content
expressed or made available by third parties are those of the
respective author(s) or distributor(s), and not of Más Kapital. Neither Más Kapital nor any
third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, or its merchantability
or fitness for any particular purpose. (See Sections 3 and 4 above
for complete disclaimers of warranties and limitations of
liabilities). Before
you act upon the content provided on the Más Kapital website, you
should evaluate the accuracy, completeness, or usefulness of the
opinion, advice, or other information. Más Kapital will not be
liable for any loss or damage caused by your reliance on information
obtained through the website.
7. LINKS TO
OTHER WEBSITES
The Más Kapital website contains links to websites
operated by third parties.
We do not, either expressly or by implication, endorse the
content on such websites or any association it may have with third
parties. The links are
provided for your convenience only. We have no control over the
content of such websites or the information collected from such
websites; therefore, we are not responsible or liable for any
content, advertising, products, or other materials on or available
from such websites. You
further acknowledge and agree that we are not responsible or liable,
either directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any such content, goods, or services available on or through any
such website or resource.
We encourage you to review the privacy policies of these
sites before you disclose your personal information to these other
parties.
8. GENERAL
LEGAL PROVISIONS
International
Laws:
Más Kapital is based in Los Angeles,
California,
in the United
States of America. Más Kapital makes no claims
that the Content is appropriate or may be downloaded outside of the
United States. Access
to the Content may not be legal by certain persons or in certain
countries. If you
access the Más Kapital website from outside the United States, you
do so at your own risk and are responsible for compliance with the
laws of your jurisdiction.
Export:
U.S.
export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic
transmission of information and software to foreign countries and to
certain foreign nationals.
some of who are kind of nasty. You agree to abide by these
laws and their regulations — including but not limited to the Export
Administration Act and the Arms Export Control Act — and not
transfer, by electronic transmission or otherwise, any Content
derived from the website to either a foreign national or a foreign
destination in violation of such laws.
Choice
of Law and Forum:
You expressly agree that exclusive jurisdiction for any dispute with
Más Kapital, or in any way relating to your use of the Más Kapital
website, resides in the courts of the State of
California.
you further agree and
expressly consent to the exercise of personal jurisdiction in
california
courts in connection with any such dispute, including any claim
involving Más Kapital or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers, and
content providers.
These Terms and Conditions are governed by the internal
substantive laws of the State of California,
without respect to its conflict of laws
principles.
Entire
Agreement: Except as expressly provided
in a particular notice on the Más Kapital website, these Terms and
Conditions constitute the entire agreement between you and Más
Kapital with respect to the use of the Más Kapital website and
Content. You also may
be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content, or third-party
software.
Termination:
Más Kapital may
terminate these Terms and Conditions without cause at any time and
effective immediately.
In addition, Más Kapital, in its sole discretion, may
terminate these Terms and Conditions immediately and without notice
for violation of any part of these Terms and Conditions. You may also terminate these
Terms and Conditions by simply discontinuing use of your account
and/or the website. In
the event of any termination of these Terms and Conditions, the
restrictions on your use of the Content (as set
forth
in Paragraph 5, Intellectual Property and Use of Content) shall
survive such termination, and you agree to be bound by those
terms.
Indemnity:
You agree to defend,
indemnify, and hold Más Kapital, its officers, directors, employees,
agents, licensors, suppliers, and affiliates harmless from and
against any claims, actions, or demands, liabilities, and
settlements including without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your
violation of these Terms and
Conditions.
Non-waiver:
Our failure to exercise or
enforce any right or provision of the Terms and Conditions shall not
constitute a waiver of such right or provision. If any provision of the
Terms and Conditions 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 Terms and Conditions
remain in full force and effect. No waiver of any of the
Terms and Conditions shall be deemed a further or continuing waiver
of such term or condition or any other term or
condition.
Got all that?
You will be tested later. Now there are so many more
interesting things to read here at Más Kapital, so stop with the
legalese consumption already, and get on with the
show.
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