Dear user, please read the following terms and conditions carefully. They are the legal terms and conditions to which you agree when you register with us and use our services.
For the purposes of these Conditions, You being the person who registers with the interest of using the Vincidb Website are in agreement with the Terms and Conditions when you register in order to create an account. You or anyone you authorize to use your account can be subject to legal obligations under these Terms.
BY ACCESSING OR USING ANY OF Vincidb SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH CONTAIN PROVISIONS APPLICABLE TO ALL USERS, INCLUDING VISITORS TO THE SITE. IF YOU CHOSE TO REGISTER AND CREATE AN ACCOUNT ON OUR SITE, YOU MUST READ AND AGREE WITH THESE TERMS.
1. CONDITIONS FOR UNREGISTERED USERS.
A | Copyright: Unless otherwise stated in these Terms and Conditions, Vincidb owns the copyright and rights to the database of the site, services and content. You may not publish, distribute, extract or reproduce any such content.
B | Trademarks: All brand names, products and services used and which identify Vincidb are owned by Vincidb. All brand names, products and services used by and which identify third parties are owned by such third parties. Nothing in Vincidb?s Services regarding any image, logo or name is granted to any third party.
C | Availability: Vincidb and its team strive to ensure that services are available 365 days a year, 24 hours a day. However, there will be times when such services could be disrupted for maintenance issues, improvements or repairs. Or because of telecommunication or equipment failures that are beyond the control of Vincidb db.com Vinci and its staff. You agree that Vincidb will not be liable to you for any interruption of the Service.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED WITH OUR BEST EFFORT, BUT THAT VINCIDB CANNOT GIVE ABSOLUTE GUARANTEE IN THE AFOREMENTIONED CASES.
D | Links: Occasionally Vincidb may contain links that take you to other sites. These links are provided merely to provide a convenient service. If you decide to access linked websites, you do so at your own risk. Vincidb does not answer for nor is responsible for the content on other websites or for their availability; and you agree that Vincidb is not responsible for any loss or damage you may suffer by using other websites.
E | Changes to the Terms: Vincidb reserves the right to change these Terms agreed to by you if such changes are necessary, and this may happen without notice. Your continued use of the site constitutes acceptance of the improvements, additions or modifications to these Terms.
F | Contacts: Questions, comments or suggestions, including any report of violation of these Terms must be provided to Vincidb as follows: Vincidb | Legal Department: PO Box: 14-3745, Coral Gables, FL, 33114-3745, USA
2. CONDITIONS FOR REGISTERED USERS.
A | Copyright: Vincidb does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages or other content made available or used on the Site and Services through your account. You remain the owner of the content you submit to Vincidb, and as a condition of your use of the Site and Services, you guarantee Vincidb that you are the owner of the copyright of the content you send or that you have obtained permission from the copyright owner to submit such content.
B | Registration: In consideration of the use of Vincidb, you represent and certify that you are of legal age to enter into a contract for services under the laws of the United States or other applicable jurisdiction. You also agree to:
1. Provide true, accurate, current and complete information about yourself as required in the registration form.
2. Maintain and update true and accurate Customer data. If you provide any information that is untrue, inaccurate, not current or incomplete, then Vincidb will have grounds to suspect that such information is given with the wrong intentions, and we have the right to terminate your account and refuse any use of Vincidb. To register as a user of the service Vincidb, you must be 18 years or older. All children under 18 who wish to access the service must obtain permission from their parents, and said parents must agree to these Terms and Conditions. Accordingly, as the legal guardian, it is the responsibility of the parents to determine whether any of the Services or Content is appropriate or inappropriate for children.
C | License: Vincidb grants you a personal, limited, voidable, nonexclusive, nontransferable license to use the Site and the Services. This license is exclusive to you and use of the Site may not be subcontracted. Vincidb expressly reserves all property rights, title and interest in all aspects of any software, services, including all current and future patents, copyrights, trademarks, trade secrets, and other proprietary rights or addenda to the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, decompile, disassemble, or any other operation with the Site that would reveal the source code, trade secrets, or other proprietary information. This license shall not be construed as granting any rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source or any other aspect of the site code. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright on the Site, or which is on display Site. You can use the Site only while these Terms remain in effect.
D | User ID and Password: After completing the registration process you will create a user account and a password. You are responsible for maintaining the confidentiality of the password and the account and are fully responsible for all activities that occur under your account and password. You agree to:
1. Immediately notify Vincidb of any unauthorized use of your password or account or any other violation of security.
2. Make sure to log off from your account at the end of each session. Vincidb will not be liable for any loss or damage caused by your breach of this point.
E | Public Web: Once you have created your account, you can configure your Public Web. The content you post on the Site can only that which complies with the restrictions that follow.
You may NOT store any of these materials on the Site or obtain any of these materials using the Site:
1. Any threat, obscene, pornographic or profane material or any material that could give rise to civil or criminal liability under applicable law.
2. Any material that may violate the rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose portraits are displayed in the material.
3. Any material sent from an anonymous or false address.
4. Since Vincidb cannot review all material on the Site, Vincidb will not be responsible for its content. Vincidb reserves the right to remove, delete, move or edit any content that, at our discretion, we deem abusive, defamatory, obscene, in violation of the law, including copyright or trademark law. Vincidb will be not responsible for the content of any Public Web.
F | Alteration of Terms: You agree that Vincidb reserves the right to alter these Terms and Conditions, including the Services offered and its prices at any time for any reason without notice, as well as the right to suspend the Site or any part thereof. You agree to publicly review these Terms periodically to be aware of any changes. Your continued use of the Site constitutes an approval of the amendments or additions to these Terms and Conditions. Any correction or modification by Vincidb will be a way of making progress. If you created an account, we will notify you of any material changes to these Terms by email sent to the address you have provided us. Your continued use of the Service after you have been notified of the changes shall be deemed as acceptance of said modifications.
G | Prices and Payment: The fees for the Services provided on the Site are posted on the site. All prices are subject to change without notice. You agree to pay Vincidb the applicable fees in advance for the chosen service. Vincidb will process your payment via PayPal, debit or credit card with established fee schedule. You will provide billing information required by Vincidb, which may include your legal your name, your address, your phone number, your card number, your card's billing information. If such information is false or fraudulent, Vincidb reserves the right to suspend the services and access to the site, as well as any other legal remedy. Vincidb is not responsible for charges or fees resulting from charges billed by Vincidb. All fees are payable in U.S. dollars.
Vincidb fees do not include all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of such taxes, levies, or duties, excluding those of the United States, whose taxes (federal or state) are based solely on Vincidb's income.
H | Disclosure of Content: You acknowledge, consent and agree that Vincidb may access, preserve and disclose your account information if it is required by law or if in good faith, we believe that such preservation or disclosure is reasonably necessary to:
1. Comply with any legal processes.
2. To enforce these Terms.
3. Respond to claims that any Content violates the rights of third parties.
4. Respond to your customer service requests.
5. Protect the rights of property or personal safety of Vincidb, its users and the public.
I | Discontinuance of Access: Vincidb reserves the right to suspend or terminate your account and use the Site at any time without notice for any reason that includes the following:
1. Breach of these Terms, including all policies or guidelines set by Vincidb.
2. Conduct which Vincidb believes is harmful to other users or Vincidb's business.
You further agree that
Vincidb is not liable to you or any third party for any termination of your
access to the Site. Vincidb reserves the right at any time to modify or
discontinue, temporarily or permanently, the Service with or without notice.
You agree that Vincidb will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
J | Privacy: Vincidb has
policy is to respect the privacy of individuals who visit the site or who
create accounts. We gather addresses, names and other identifying and contact
information of users of the Site in order to correspond with customers on any
matter relating to the Services. From time to time we may use this information
to send users information about promotions for customers. Our purpose for
collecting information is to analyze the use of our website and improve its
format and functionality. We do not disclose any personally identifiable
information except in limited circumstances as specifically stated in the
K | Information
Disclosure: Vincidb does not disclose your identifiable, personal information,
the account information or the content you provide to us without an intervening
information about you or Vincidb users, and you agree that we may make use of
the information you provided and disclose your account information or any
information provided by you if required by law or if in good faith Vincidb
believes that such access or disclosure is necessary to:
1. Comply with a legal process or a court order.
2. Enforce these Terms.
3. Respond to claims that any content you provide violates the rights of third parties.
4. Protect the rights, property or personal safety of Vincidb, its users and the public.
L | Disclaimer of Warranty: THE SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED THROUGH OUR BEST EFFORTS, BUT Vincidb DOES NOT OFFER WARRANTY OF ANY KIND. Vincidb DOES NOT GUARANTEE THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE OR BE ERROR-FREE, THAT THE SITE OR THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL MALWARE, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE OR THAT THE DATA ARE SAFE FROM UNAUTHORIZED ACCESS. Vincidb DOES NOT GUARANTEE ANY SOFTWARE, PRODUCTS, SERVICES OR PROMOTIONS. ADDITIONALLY, Vincidb DOES NOT WARRANT THAT THE INFORMATION ACCESSED THROUGH THE SITE IS ACCURATE, COMPLETE OR UP-TO-DATE.
3. CONDITIONS FOR REGISTERED AND UNREGISTERED USERS.
A | Copyright Infringement Claims: We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us at our discretion, for users who are infringers of copyright. Notices of copyright infringement should be submitted as follows:
Vincidb, Legal Department, PO Box: 14-3745, Coral Gables, FL, 33114-3745, USA
To be effective, the notification must be a written communication that includes the following:
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work the rights of which are claimed to have been violated.
Identification of the material that is claimed to be infringed upon and which is to be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate the material.
Sufficient information to permit us to contact the complaining party: address, phone number, email address.
A statement that the complaining party has a valid and good faith proof that the use of the material described in the claim is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed. We can give you a notice that we have removed or disabled access to the breached material via an email to the user address in our records.
B | Rules of Conduct: The following Rules of Conduct apply to the Site. By using any part of the Site, you agree that you will NOT distribute any content that:
1. Is defamatory,
abusive, harassing, threatening or an invasion of the right of privacy of
another person; is bigoted, hateful, or racially or otherwise offensive; is
violent, vulgar, obscene, pornographic or otherwise sexually explicit; or is
otherwise harmful and may reasonably cause injury to any person or entity.
2. Is illegal, promotes
or encourages illegal activities with the intent to commit them, including
content that is, or represents an attempt to engage in, child pornography,
stalking, sexual assault, fraud, trafficking in obscene or stolen material,
drug trafficking or drug abuse, harassment, theft and conspiracy to commit any criminal activity.
3. Infringes or violates any right of a third party, including:
* Copyrights, patents, trademarks, trade secrets or other proprietary rights or under contract.
* The right to privacy or publicity (specifically, you must not distribute the personal information of any kind of another person without their express permission).
* Any obligation of confidentiality.
4. Is commercial, related to a business or advertises or offers to sell any product or service, or solicits others (including requests for contributions or donations).
5. Contains a virus or
other malware, or otherwise tampers with, impairs or damages the Site or any
connected network, or that otherwise interferes with any person who uses the
entity or enjoys use of the Site.
6. Does not generally correspond to the topic or theme of the site.
7. Violates specific restrictions applicable to a Public Forum, including its age restrictions and procedures.
C | You expressly agree that you are solely responsible for all acts and omissions that occur under your account; and you agree not to make any unacceptable use of the services, including the use of:
Interfering with, disrupting or attempting to gain unauthorized access to other accounts on the site access.
Posting any personal information, such as instant messaging addresses, personal URLs, physical addresses, and telephone numbers for all publicly visible areas of the Site.
Creating user accounts by automated means or under false or fraudulent pretenses.
Creating or transmitting unsolicited electronic communications, such as spamming users or promoting any product or service.
Submitting or uploading any material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, or otherwise unacceptable, as determined by Vincidb.
Submitting or uploading any content that does not possess all applicable rights or that infringes the proprietary rights of other parties.
Submitting or uploading any content that may cause physical or mental harm to participants or visitors to the Site.
Harassing, threatening or intentionally embarrassing or causing harm or distress to another person or group.
Compiling and publishing any information about any of our users.
Adapting, modifying, or reverse engineering any part of the Services or the Site.
Using any spider, robot, retrieval application, or other device to retrieve any part of the Site.
Reformatting any of the pages that are part of the Site.
Disseminating, storing or transmitting viruses, worms, Trojan horses or any other malicious codes or programs.
Encouraging conduct that would constitute a criminal or civil offense.
Violating any local federal, state, or international regulatory law.
Submitting false or misleading information to Vincidb.
cannot and do not guarantee that other users will comply with the above rules
of conduct or any other provision of these Terms and Conditions; for that
reason you assume all risks of damage or injury resulting from any infringement
is another proprietary protection and privacy for the contents of other users
on the site. Vincidb hereby notifies you that all information, content, image
files, software and materials on the Site may be protected by international
understand that Vincidb is unable to provide permission to copy, display or
distribute materials of which you do not own the copyright or other
intellectual property rights. You may not copy or distribute these materials
without the written consent of the owner, and you are solely responsible for
any copyright or other violations of intellectual property rights that you may
incur as a result of your activities on the Site. Vincidb has the absolute
right to terminate your account if you use our services to violate intellectual
property rights or other rights of third parties.
D | Liability:
1 YOU ACKNOWLEDGE, BY
YOUR USE OF THIS SITE OR ITS SERVICES, THAT YOUR USE OF THE SITE OR ITS
SERVICES AND THEIR TRUSTWORTHINESS IS SOLELY YOUR RESPONSIBILITY WITH REGARDS
TO ALL COSTS ASSOCIATED WITH THE USE OF THE SITE OR SERVICES. YOU AGREE THAT,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Vincidb BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF IMAGES, DATA OR OTHER INTANGIBLE,
EVEN IF Vincidb HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING
FROM THE USE OR INABILITY TO USE THE SITE OR SERVICES, FROM ANY CHANGES TO THE
SITE OR ITS SERVICES OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT.
2. YOU AGREE THAT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RECOGNIZE THAT UNDER NO
CIRCUMSTANCES IS Vincidb RESPONSIBLE FOR DAMAGE OR DAMAGES ARISING FROM YOUR
USE OF THE INFORMATION, DATA, AND OPINIONS AVAILABLE ON THE SERVICE AND THE
SITE OR ARISING FROM ANY ACTION TAKEN IN RESPONSE AS A RESULT OF ANY
INFORMATION. YOU WAIVE ANY CLAIM AGAINST Vincidb AND ITS SUBSIDIARIES,
DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES FOR YOUR USE OF THE SERVICE AND
THE SITE AND THE INFORMATION, DATA, AND OPINIONS AVAILABLE THEREON. YOU AGREE
TO ASSUME RESPONSIBILITY FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE AS A
RESULT OF SUCH POSSIBLE DAMAGES.
3. YOU ACKNOWLEDGE THAT
VIRUSES, DOWNTIME AND COMPUTERS ARE A RISK RELATED TO THE USE OF THE INTERNET
AND SOFTWARE, AND Vincidb IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE
USE OF THE INFORMATION, DATA, RENDERED OPINIONS IN CONNECTION WITH THE SITE OR
ITS SERVICES. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY LOSS OR DAMAGE OF ANY
KIND OR NATURE AS A RESULT OF SUCH DAMAGE. YOU ALSO ACKNOWLEDGE THAT YOU MAY DISCLOSE
CONFIDENTIAL INFORMATION ABOUT YOURSELF IN PRIVATE USE OF THE SITE AND ITS
SERVICES, AND THAT YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY LOSS OR DAMAGE OF
ANY KIND OR NATURE AS A RESULT OF YOUR RELEASE OF SUCH CONTENT.
4 IF YOU ARE DISSATISFIED
WITH THE SITE OR THE SERVICES OR WITH ANY OF THESE TERMS OR YOU FEEL THAT
Vincidb HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE AND ITS SERVICES. Vincidb TOTAL LIABILITY TO YOU FOR
ANY CLAIM ARISING IN CONNECTION WITH THESE TERMS OR USE OF THE SITE OR THE
SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.
5 VINCIDB PROVIDES A SERVICE TO GENERATE QR CODES ON THE EXHIBITION LABELS, THESE
CODES ARE IN DIRECT LINK WITH THE DATA OF THE WORK IN QUESTION, AND YOU AGREE THAT THESE
DATA ARE PUBLIC ACCESS AND MAY BE VIEWED AND REPORTED BY OTHERS.
Note: You agree to
indemnify Vincidb for any violation or breach of these Terms and Conditions.
RETURNS OF PAYMENT: IF YOU ARE UNSATISFIED WITH VINCIDB AND YOU WANT TO STOP USING THE SITE AND SERVICES, YOU MUST CANCEL YOUR ACCOUNT AND COMMUNICATE YOUR CLAIM AT: INFO@VINCIDB.COM. AFTER, WE WILL CONTACT YOU TO ANSWER ABOUT YOUR CLAIM AND WE WILL RETURN YOU THE TOTAL AMOUNT SINCE THE LAST MONTH THAT YOU WAS USING THE WEB SITE. YOU UNDERSTAND AND AGREE THAT IT IS ONLY A MONTH RETROACTIVE, STARTING IN THE DATE OF LAST PAYMENT MADE BY YOU SELF TO VINCIDB.