Last Updated: 09 December 2012
Please note that our Site and Mobile Content are under constant development. New services are added frequently and this agreement may therefore be modified and updated on an ongoing basis. It is important to check back to this page regularly.
TodayColombia owns and operates several public-facing websites, including TodayColombia.com, as well as makes the same or similar content available to mobile users, including via WAP and apps available to users of Apple’s iPhone and iPad, (collectively, the “Site” or “Site and Mobile Content”). (App purchases are typically also subject to the terms and conditions of the entity that operates the app store, which are accessible on that entity’s website.)
This is a binding contract between TodayColombia and you. By accessing our Site and/or Mobile Content, you hereby accept this agreement. As a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with TodayColombia.
Access to the Site and to some Mobile Content is provided free of charge and does not create a professional services relationship or any other relationship with TodayColombia.
These Site and Mobile Content are provided solely for your personal, non-commercial use. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site nor transfer to or store any data residing or exchanged over the Sites in any electronic network for use by more than one user unless you obtain prior written permission from TodayColombia. Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Sites. Information about requesting permission to reproduce or distribute materials from the Site can be found here.
For any images, text, data or other information (referred to here as “Content”) you submit to TodayColombia (including profile information, blog posts, chat room or forum pages, and any e-mail) you affirm, represent and warrant that you own the right to utilize, to license and to sublicense the Content and you grant to TodayColombia, and anyone authorized by TodayColombia, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the Content in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of the Site and/or services provided. You also grant to each user of the Sites a non-exclusive license to access the Content through the Site and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under this Agreement.
For any Content you post that you do not own, you guarantee to us that you have the legal right to post such Content and that it will not violate any law or the rights of any person or entity. IN OTHER WORDS, AND AMONG OTHER THINGS, YOU WILL NOT POST CONTENT ON THE SITES YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE CONTENT, INCLUDING WRITTEN, PHOTOGRAPHIC, MUSIC AND VIDEO CONTENT.
TodayColombia and all other text and images contained on the Site and in TodayColombia’s products are protected by United States trademark and copyright law and other applicable law and are the property of TodayColombia, except as otherwise identified. All copyrights and trademarks not the property of TodayColombia that are used or referred to in the Site and TodayColombia’s products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of TodayColombia or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law.
TodayColombia’s products, including third party and licensed materials on the site, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from TodayColombia.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Site, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Site to:
- Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
- Post or transmit any Content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
- Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
- Impersonate any person or entity (including a Mobile Content or Site agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Site for such purpose;
- Disseminate or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Site, or servers or networks connected to the Sites; or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Post any Content related to partisan political campaigning or fundraising.
- Express or imply that any statements you make are endorsed by us;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Site or the contents (except as expressly permitted by TodayColombia);
- Remove any copyright, trademark or other proprietary rights notices contained in the Site;
- “Frame” or “mirror” any part of the Site; or
- Engage in any other activity deemed by TodayColombia to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.
You understand that by using the Site, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.
Content and Non-Endorsement
Opinions and other statements expressed by users and third parties are theirs alone, not opinions of TodayColombia. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Site and third parties may provide links to web pages, web sites, and various resources or locations on the web. TodayColombia has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.
Forums and Comment Areas
The Forums and Comment Areas are designed to permit you to share your ideas and opinions. Information on the Forums and Comment Areas is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in our Forums and Comment Areas and that people participating in such Forums and Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. TodayColombia neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Sites or Forums and Comment Areas by third parties. The opinions expressed in the Forums and Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of TodayColombia. TodayColombia is not responsible for any errors or omissions in postings in the Forums and Comment Areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will TodayColombia or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through the Sites or the Forums and Comment Areas.
TodayColombia does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Forum and Comment Areas or any other part of the Sites, except that (i) TodayColombia may consolidate and edit for clarity any Content posted to chat rooms or online forums, (ii) TodayColombia may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) TodayColombia reserves the right to monitor the Sites and to remove any information that TodayColombia, in its sole discretion, considers to be inappropriate or unlawful.
You acknowledge and agree that Quartz has the right (but not the obligation) to monitor the Forums and Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum or Comment Area); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Sites properly; to protect ourselves, our visitors, and the public; and to comply with legal obligations or reasonable governmental requests.
You acknowledge and agree that unless otherwise stated, all materials and information you provided will be deemed to be provided to us on a non-confidential and non-proprietary basis.
Use of RSS Feeds
Individuals may use the TodayColombia.com RSS feeds free of charge for their personal, non-commercial use only. TodayColombia.com also reserves the right to disable, to change, or to cease distribution of these TodayColombia.com RSS feeds at any time, and reserves the right to require individuals to cease any and all use of these feeds at any time for any reason. To request permission to make commercial use of qz.com RSS feeds, please contact us support@TodayColombia.com. TodayColombia.com will consider such submitted requests, but is not obligated to grant any specific permission request.
Limitation of Liability and Use
TodayColombia has worked to ensure the accuracy of the information it provides through its products and services, including through the Site. This information frequently relies on data obtained from many sources, however, and TodayColombia cannot guarantee the accuracy of the information provided or any analysis based thereon.
YOU EXPRESSLY AGREE THAT THE — USE OF PRODUCTS AND SERVICES, INCLUDING THE SITE, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND QUARTZ MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TodayColombiaDISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM QUARTZ, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
EXCEPT AS OTHERWISE STATED, TodayColombia MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITES OR ANY WEB SITE LINKED TO THE SITES. YOU AGREE THAT NEITHER QUARTZ, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER QUARTZ NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
TodayColombia assumes no responsibility or liability arising from the content of the Sites nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Sites or accessed through the Site. TodayColombia also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Site are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our Site periodically, we do not have a duty to update information contained in our Site, and we will not be liable for any failure to update such information.
The Site make no representation that information content provided on Sites is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
You agree to indemnify, defend and hold TodayColombia, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.
Special Agreement on Fee-Shifting and Choice of Law
If you attempt to bring any legal action against TodayColombia based in any way on its products or services, including the Site, you agree that, in the event you do not prevail or TodayColombia does prevail, you will reimburse TodayColombia for any costs and attorneys’ fees associated with their defense of the action.
The use of the Site and any claim or dispute relating to the Sites shall be governed by the laws of Florida, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in Florida. Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Service, including without limitation this paragraph.
If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.