Terms and Conditions
1. ACCEPTANCE OF TERMS. Welcome to hoparazzi.net. This agreement (“Agreement”) is between Christi Turdo and affiliated entities (collectively, “Turdo”, “we” or “ours”) and you and your agents (“you” or “yours”) for the use of this Web site (the “Site”). This Agreement includes any guidelines or rules posted and updated on the Site by Turdo from time to time. By using the Site, you agree to this Terms and Conditions Agreement. You can review the most current version of this Agreement at any time at www.hoparazzi.net.
2. OWNERSHIP OF SITE AND RESTRICTIONS ON USE OF CONTENT. The Site is owned by Turdo. You acknowledge that the Site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which is generally provided by Turdo. You agree and acknowledge that, notwithstanding that Turdo permits access to the Content, the Content or its use or the use of this Site is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by Turdo or third parties. In addition to Turdo’s rights in individual elements of the Content, Turdo owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Site and/or any of the Content, in whole or in part.
3. “MY ACCOUNT” ACCESS AND TERMINATION OF ACCESS. In order to access certain content and make purchases directly through the Site, you must register and obtain a Password. If you register, you may be asked for your contact information, such as your name, e-mail address, company name, postal address, and phone number (“Personal Information”). The Personal Information is linked directly to a Password chosen by the user and can only be retrieved by supplying the correct email address and Password that is linked to that profile. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Turdo immediately of any unauthorized use of your account or any other breach of security. Turdo will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Turdo or another party due to someone else using your account or password.
You acknowledge and agree that Turdo may terminate your access privileges and remove and discard any Content without notice to you for any reason, including without limitation, if (i) you do not use the Site for what Turdo, in its sole discretion, deems to be an extended period of time, (ii) Turdo believes that you have violated any provision of this Agreement, and/or (iii) you have otherwise acted or failed to act in any manner that Turdo deems objectionable. You agree that any termination of your access to the Site shall not result in any liability or other obligation of Turdo to you or any third party in connection with such termination.
5. DISCLAIMER OF WARRANTIES. THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TURDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TURDO MAKES NO WARRANTY THAT THE SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USING THE SITE.
6. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TURDO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF TURDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
7. YOUR SUBMISSIONS. If you contact Turdo with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site, the content of the Site or any item on the Site (collectively, “User Feedback”), the User Feedback shall be deemed to be non-confidential and Turdo shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that Turdo shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, Turdo shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. Turdo shall not be liable or owe any compensation for the use or disclosure of the User Feedback.
8. LINKS. The Site may provide links to third party web sites, or third parties may provide links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Turdo with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Turdo is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. TURDO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
9. JURISDICTIONAL ISSUES. Unless otherwise specified, the materials, information, products and services available on the Site are solely available in or applicable to the United States and its territories. Turdo makes no representation that materials or information in this Site, or the products and services available on the Site, are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. INDEMNITY. You agree to defend, indemnify and hold Turdo, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, action or demand (“Claim”) and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site and/or its Content and/or User Content. Turdo shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
11. TRADEMARK INFORMATION. HOP-A-RAZZI™ and HOP-A-RAZZI IT FOLLOWS YOU WHEREVER YOU GO! & Design are trademarks of Turdo. Other trademarks are owned by Turdo or an affiliated entity or are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of Turdo or the respective owner of such mark.
12. INTELLECTUAL PROPERTY POLICY. Turdo reserves the right to terminate this Agreement in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Turdo’s designated agent for notice of alleged copyright infringement in connection with the Site is:
To file a notice of infringement with Turdo, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website.
13. MISCELLANEOUS. You understand and agree that Turdo may from time to time establish and revise practices and limitations concerning the Site and your use of the Site. You agree that Turdo shall have no liability for the deletion or failure to store any messages and other communications or other Content maintained on the Site or transmitted using the Site. This Agreement constitutes the entire agreement between you and Turdo and governs your use of the Site. You also may be subject to additional terms and conditions that may apply when you use third party content or web site available through the Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and Turdo and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and Turdo will be governed by the laws of the State of Florida, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Turdo will rest exclusively in the state and federal courts located in the State of Florida. The failure of Turdo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or this Agreement must be filed within one year after such claim or cause of action arose. Turdo may provide notice to you by email or regular mail.
The Site may also provide notice of changes to this Agreement at any time and from time to time by displaying notices to you on pages of the Site.
The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.