Producciones Magnolia, S.A. (hereinafter PMSA) is the corporation that owns, edits and operates “The Tico Times” brand as well as the Internet domain TicoTimes.net (herein the Products and Services), therefore PMSA is the rightful owner of all the intellectual property rights and responsible of the content it creates.
This page describes the terms and conditions that govern your use of PMSA webpage ticotimes.net and mobile applications, offered (“PMSA”, “us” or “we”).
1. GENERAL RULES AND DEFINITIONS
1.1 By choosing to use TicoTimes.net (the “Site”), PMSA’s mobile sites and applications, any of the features of this site, including but not limited to RSS, API, software and other downloads (collectively, the “Products and Services”), you will be contractually agreeing to abide by all of the terms and conditions of these Terms of Service between you and Producciones Magnolia S.A. (“PMSA”, “us” or “we”).
1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.3 We may modify, suspend or discontinue any aspect of the Products and Services at any time, including the availability of any Product or Service featured, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability whatsoever.
2. CONTENT ON THE PRODUCTS AND SERVICES
2.1 The contents of the Products and Services, including the Site, are intended for your personal, noncommercial and informational use only. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by PMSA or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Products, Services and Contents are protected by copyright pursuant to Costa Rica and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The Tico Times, or the copyright holder identified in the copyright notice contained in the Content whom shall be contacted directly.
2.4 The Content of the Services is owned or licensed to PMSA. Certain Content is furnished by the Agence France-Presse (AFP) and The Washington Post News Service with Bloomberg News, for which we will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
3.1 You shall not upload to, or distribute or otherwise publish on to the Services or Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
Be polite. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. Therefore you agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Products and Services.
Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. PMSA encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
3.2 The Services shall be used only in an informational and noncommercial manner. You shall not, without the express approval of PMSA, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by The Tico Times and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3.4 You grant PMSA a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for PMSA or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other Web site owned by PMSA or any subsidiary, including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while PMSA does not and cannot review every Submission and is not responsible for the content of these messages, PMSA reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
3.7 Any person involved in or affiliated with the production of a work reviewed on TicoTimes.net elsewhere in the Services may not submit a Readers’ Review for that work or competing works.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 The Services and Site contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 PMSA does not represent, guarantee or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services to the website by any user, information provider, advertiser or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE AND PRODUCTS ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
6. SOFTWARE LICENSES
6.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted thru Ticotimes.net and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
7.1 PMSA may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
8.1 These Terms of Service have been made in and shall be construed and enforced in accordance with the law of the Republic of Costa Rica. Any action to enforce these Terms of Service shall be brought in the Circuit of San Jose, Costa Rica.
8.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in The Tico Times Policies.
8.3 Correspondence should be sent to email@example.com.
8.4 You agree to report any copyright violations of the Terms of Service to The Tico Times as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the TicoTimes.net service, please notify firstname.lastname@example.org. (Please direct all general questions to email@example.com.)