Terms and Conditions

Please read this User Agreement fully and carefully before using www.alsur.lat (the “Site”) and the projects, features, content, or applications offered by the nonprofit organization TEDIC and our affiliated publications (“we,” “us,” or “our”), together with the Site, the “Projects and Services.” This User Agreement sets forth the legally binding terms and conditions governing your use of the Site and the Projects.

Acceptance of the User Agreement

By registering for and/or using the Services and Projects in any manner, including, without limitation, visiting or browsing the Site, you agree to this User Agreement and to all other operating rules, policies, and procedures that we may publish on the Site from time to time. Each such document is incorporated into this User Agreement by reference and may be updated periodically without prior notice.
Certain Services may be subject to additional terms and conditions specified by us from time to time. Your use of those Services is subject to those additional terms and conditions, which are incorporated into this User Agreement by reference.
This User Agreement applies to all users of the Services, including, without limitation, users who contribute content, information, and other materials or services, whether registered or not.
Arbitration notice and class action waiver: except for certain types of disputes described in the arbitration section, you agree that disputes between you and us will be resolved through binding individual arbitration, and you waive your right to participate in a class action or class arbitration.

Eligibility

You represent and warrant that you are at least 18 years old. If you are under 18 years of age, you may not, under any circumstances or for any reason, use the Services.

We may, in our sole discretion, refuse to offer the Services to any person or entity and may change the eligibility criteria at any time.

You are solely responsible for ensuring that this User Agreement complies with all laws, rules, and regulations applicable to you. Your right to access the Services is revoked where this User Agreement or your use of the Services is prohibited, or where the sale or provision of the Services otherwise conflicts with any applicable law, rule, or regulation.

The Services are offered solely for your use and not for the use or benefit of any third party.

Content

Definition. For purposes of this User Agreement, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written messages, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made available on or through the Services and Projects.

For purposes of this Agreement, “Content” also includes all User Content, as defined below.

User content. All content added, created, uploaded, submitted, distributed, or displayed on the Services by users, collectively referred to as “User Content,” whether transmitted publicly or privately, is the sole responsibility of the person who originated that User Content.

You represent that all User Content provided by you is accurate, complete, current, and compliant with all applicable laws, rules, and regulations.

You agree that any Content, including User Content, accessed by you through your use of the Services is accessed at your own risk. You will be solely responsible for any damage or loss suffered by you or any other party resulting from that Content.

We do not guarantee that any Content accessed on or through the Services is or will remain accurate.

Notices and Restrictions. The Services may contain content specifically provided by us, our partners, or our users. Such Content is protected by copyright under the Creative Commons Attribution-ShareAlike license, or CC BY-SA, as well as by trademark and intellectual property laws.

You must comply with and preserve all copyright notices, information, and restrictions contained in any Content accessed through the Services.

User License. Subject to this User Agreement, we grant each user of the Services a worldwide, nonexclusive, royalty-free license to share, reuse, and adapt the Content, provided that the same Creative Commons Attribution-ShareAlike license, or CC BY-SA, is applied.

See: https://creativecommons.org/licenses/by-sa/4.0/

You may sell, license, rent, or otherwise use or exploit any Content for commercial or other purposes, provided that you do not violate the rights of any third party.

License Grant. By submitting User Content through the Services, you hereby grant us a worldwide, nonexclusive, perpetual, royalty-free, fully paid-up, sublicensable, and transferable license to use, edit, modify, abridge, supplement, reproduce, distribute, prepare derivative works from, display, perform, and otherwise fully exploit that User Content in connection with the Site, the Services and Projects, and our nonprofit organization, as well as our successors and assigns.

This license includes, without limitation, the promotion and redistribution of part or all of the Site, Services, or Projects, including derivative works, in any format and through any communications channel, including, without limitation, third-party websites and feeds, even after the termination of the Services and Projects.

For the avoidance of doubt, the foregoing license grant includes our right to distribute, display, perform, and use User Content in connection with materials provided by our funders and partners, and you will not be entitled to any compensation for such use.

The license to which you agree is the Creative Commons Attribution-ShareAlike 4.0 International License, or CC BY-SA 4.0:

https://creativecommons.org/licenses/by-sa/4.0/

To the extent that any User Content submitted by you includes your name, image, voice, or photograph, you acknowledge and agree that the license described in this Section 4(e) also applies to those elements.

You also hereby grant each user of the Site and/or the Services and Projects a nonexclusive, perpetual license to access your User Content through the Site and/or the Services and to use, edit, modify, reproduce, distribute, prepare derivative works from, display, and perform that User Content, including after the termination of your Account or the Services.

For the avoidance of doubt, the licenses granted to us and to our users do not affect your other ownership or licensing rights in your User Content, including your right to grant additional licenses for that User Content, unless otherwise agreed in writing.

You represent and warrant that you have all rights necessary to grant us these licenses without infringing or violating the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, contractual rights, or any other intellectual property or proprietary rights.

Unless otherwise agreed in writing between you and TEDIC, you may use our content on third-party platforms.

Availability of Content. We do not guarantee that any Content will be accessible on the Site or through the Services.

We reserve the right, but have no obligation, to:

remove, edit, modify, or manipulate any Content, in our sole discretion, at any time, without prior notice and for any reason, including, without limitation, upon receiving complaints or allegations from third parties or authorities concerning such Content, if we are concerned that you may have violated this User Agreement, or for no reason at all; and
remove or block any Content from the Services.

Rules of Conduct

As a condition of your use, you agree not to use the Services and Projects for any purpose prohibited by these Terms of Use.

You are responsible for all of your activity in connection with the Services.

You shall not, and shall not permit any third party to:

take any action; or
upload, download, publish, submit, or otherwise distribute or facilitate the distribution of any content on or through the Services, including, without limitation, any User Content that:

you know is false, misleading, deceptive, or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another person’s privacy, offensive, obscene, vulgar, pornographic, profane, contains or depicts sexual activity, or is otherwise inappropriate, as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk mail, or unsolicited commercial email, also known as “spam”;
contains computer viruses or any other computer code, files, or programs designed or intended to interrupt, damage, limit, or interfere with the proper operation of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information belonging to us or any third party;
impersonates any person or entity, including any of our members or representatives; or
includes any person’s identification documents or confidential financial information.

You may not:

take any action that imposes or may impose, as determined by us in our sole discretion, an unreasonable or disproportionately large burden on our infrastructure or the infrastructure of our third-party providers;
interfere with or attempt to interfere with the proper operation of the Services or any activity conducted through the Services;
bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, other accounts, computer systems, or networks connected to the Services;
operate any form of auto-responder or spam through the Services;
use any manual or automated software, devices, or other processes to crawl or spider any page of the Site;
scrape, harvest, or otherwise examine any Content from the Services; or
otherwise take any action that violates our guidelines and policies.

We also reserve the right to access, read, preserve, and disclose any information when we reasonably believe doing so is necessary to:

comply with any applicable law, regulation, legal process, or governmental request;
enforce this User Agreement, including investigating potential violations;
detect, prevent, or otherwise address fraud, security, or technical issues;
respond to user support requests; or
protect our rights, property, or safety, as well as the rights, property, or safety of our users and the public.

Third-Party Services. The Services may allow you to link to other websites, services, or resources on the Internet. Other websites, services, or resources may also contain links to the Services.

When you access third-party resources on the Internet, you do so at your own risk.

These third-party resources are not under our control, and you acknowledge that we are not responsible for their content, functions, accuracy, legality, suitability, or any other aspect of such websites or resources.

The inclusion of any link does not imply our endorsement or any form of association between us and the operators of those resources.

You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with your use of or reliance on any content, goods, or services available on or through any such website or resource.

Disclaimer of Warranties

We have no special relationship with or fiduciary duty to you.

You acknowledge that we have no duty to take any action regarding:

which users have access to the Services and Projects;
what Content you may access through the Services; or
how you may interpret or use the Content.

You release us from all liability arising from your having acquired or not acquired Content through the Services and Projects.

We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of any material or Content contained in or accessed through the Services.

The services and content are provided “as is,” “as available,” and without warranties of any kind, whether express or implied, including, without limitation, warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

We and our directors, associates, employees, agents, suppliers, and content providers do not warrant that:

i. The services will be secure or available at any particular time or location;

ii. Any defects or errors will be corrected;

iii. Any content or software available on or through the services will be free of viruses or other harmful components; or

iv. The results of using the services will meet your requirements.

Your use of the services is solely at your own risk.

Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective employees, contractors, directors, suppliers, and representatives from and against any and all liabilities, claims, and expenses, including reasonable attorneys’ fees, arising from or relating to:

your use, misuse of, or access to the Services, Projects, or Content;
your User Content;
your violation of this User Agreement; or
any infringement by you, or by any third party using your Account or identity through the Services, of any intellectual property or other right belonging to any person or entity.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall assist and cooperate with us in asserting any available defenses.

Limitation of Liability. In no event shall we, our directors, employees, agents, partners, suppliers, or content providers be liable, whether in contract, tort, strict liability, negligence, or under any other legal or equitable theory relating to the services:

i. For any loss of profits, loss of data, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory, or consequential damages of any kind, regardless of their source;

ii. For any bugs, viruses, trojan horses, or similar items, regardless of their source; or

iii. For direct damages exceeding, in the aggregate, us$500.00 — five hundred united states dollars.

Arbitration and Class Action Waiver

Important: please review this section carefully, as it affects your legal rights.

Arbitration. You agree that all disputes between you and us, whether or not such disputes involve a third party, arising out of or relating to your relationship with us, including, without limitation, disputes related to this user agreement, your use of the services, and/or privacy and/or publicity rights, will be resolved through binding individual arbitration under the consumer arbitration rules of the american arbitration association.
You and we hereby expressly waive the right to a trial by jury. Discovery and appeal rights in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
As an alternative, you may bring your claim in a local small claims court if permitted by that court’s rules and if the claim falls within that court’s jurisdiction, unless the action is transferred, removed, or appealed to another court.
You may bring claims only on your own behalf.
Neither you nor we will participate in a class action or class arbitration involving any claim covered by this arbitration agreement. You waive your right to participate as a class representative or class member in any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.

Severability. If the prohibition against class actions and other claims brought on behalf of third parties described above is found to be unenforceable, the preceding provisions of this Arbitration section will be null and void.

This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Jurisdiction. This User Agreement will be governed by and construed in accordance with the laws of the Republic of Paraguay, including its conflict-of-laws rules.

You agree that any dispute arising out of or relating to the subject matter of this User Agreement will be subject to the exclusive jurisdiction and venue of the courts located in Asunción, Paraguay.

Modification. We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement or to change, suspend, or discontinue the Services and Projects, including, without limitation, the availability of any feature, database, or Content, at any time.

Such changes may be made by posting a notice on the Site or by sending notifications through the Services and Projects, by email, or through any other appropriate means of electronic communication.

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.

Although we will seek to provide timely notice of modifications, it is also your responsibility to periodically review this User Agreement for changes.

Your continued use of the Services and Projects after notice of any changes to this User Agreement constitutes your acceptance of those changes.

Miscellaneous

Entire Agreement and Severability

This User Agreement constitutes the entire agreement between you and us concerning the Services, including your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and us concerning the Services.

If any provision of this User Agreement is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of this User Agreement remains in full force and effect and enforceable.

The failure of either party to exercise any right provided for in this User Agreement will not be deemed a waiver of any further rights.

Force Majeure

We will not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, including, without limitation, electronic or mechanical failure or degradation of communications systems.

Assignment

This User Agreement is personal to you and may not be assigned, transferred, or sublicensed by you to any third party without our prior written consent.

We may assign, transfer, or delegate any of our rights and obligations at any time without your consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement. Neither party has authority of any kind to bind the other in any respect.

Notices

Unless otherwise specified in this User Agreement, all notices under this User Agreement must be in writing and will be deemed duly delivered:

upon receipt, if delivered personally or sent by certified or registered mail with return receipt requested;
when receipt is electronically confirmed, if transmitted by fax or email; or
on the day after dispatch, if sent for next-day delivery by a recognized next-day delivery service.

Electronic notices must be sent to info@tedic.org.

No Waiver

Our failure to enforce any part of this User Agreement will not constitute a waiver of our right to later enforce that or any other provision of this User Agreement.

A waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

For any waiver of compliance with this User Agreement to be binding, we will provide written notice of that waiver through one of our authorized representatives.

Headings

The section and paragraph headings in this User Agreement are provided solely for convenience and will not affect its interpretation.