Terms Of Use

By using Rambla, a service of Piria, Inc.(Piria), located at http://rambla.piria.com/ you agree to be bound by the following "Terms of Service":

Description of Service

The Rambla service is intended to allow people to build and publish websites without any programming experience.

General terms

You accept sole responsibility for all of your activities on the site, including your conduct on the site and any and all content you may submit, post or share via Rambla.

You accept sole responsibility for keeping your password secure.

You will not upload, link to, post, email, transmit or otherwise make available any photos, videos, audio or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful.

You will not harass, threaten, abuse or harm other Rambla users in any way.

You will not use the Rambla service for any unauthorized or illegal purpose.

You will be responsible for ensuring that you do not violate any laws of your jurisdiction (this includes international users), including but not limited to copyright laws.

You will not upload or transmit viruses, worms or any other destructive code.

You accept the terms of Rambla's privacy policy, which can be accessed though the Rambla website or directly at http://rambla.piria.com/privacypolicy

Submissions

While Piria is not responsible for and does not review the content or materials (collectively "Submissions") provided by Rambla users, Piria reserves the right to delete Submissions that Piria deems, in its sole discretion, unacceptable for any reason.

Piria does not claim any intellectual property rights over the Submissions you submit on Rambla, with the exception of a limited right, granted by you, consisting of a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. Your physical or electronic sharing of your Submissions with others constitutes permission for reprinting by the recipient. With respect to Submission you submit or make available for inclusion on publicly accessible areas of the Rambla web site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the Rambla web site and Service.

You certify that your Submissions do not fall into any of the following categories:

• Threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
• Material that could infringe rights of privacy, publicity, copyrights or any other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
• Material that promotes bigotry, racism, hatred, or harm against any individual or group.

Piria makes no representation that it can protect its users from exposure to offensive material. Piria will not be liable for the content of any user Submission and expressly disclaims all liability relating thereto.

Piria respects the intellectual property of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act. If you believe that your work has been copied in a way that infringes your copyrights, please email and provide all relevant details.

Rambla Content

All images, graphics, video, audio files, text, software and other materials provided by or accessed through Rambla web site are protected by copyright and other laws of the United States and foreign countries. You may not copy or distribute such content without the copyright owner's consent and license. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not violate the terms of such copyright ownerÍs consent and license to you or remove any copyright or other proprietary rights notices contained in the materials.

Piria reserves all right, title and interest in and to the Rambla web site and Service is and will remain the exclusive property of Piria and its licensors. This web site and Service are subject to the copyright, trademark and other laws of the United States and foreign countries.

As a registered user, you may use certain content in your creations that Rambla provides to you free of charge, which may include, at the discretion of Rambla, graphics, photographic images, videos, fonts, audio, and other content (the ñStandard Contentî). Rambla may also offer content that you may use after paying a fee set forth by Piria, which may include, at the discretion of Piria, graphics, photographic images, videos, fonts, audio, and other content (the ñPremium Contentî). Piria retains the right to decide which content it provides as Standard Content and which content it provides as Premium Content. All right, title, and interest in and to the Service, which includes the Standard Content and the Premium Content, are and will remain the exclusive property of Piria and its licensors.

Linked Content

Rambla enables you to link to content hosted on a third party websites (the ñLinked Contentî). As a registered user, your creation is saved by Rambla, but this is separate from the Linked Content, and the existence of your creation in Rambla does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work.

Third Party Publishing Services

Rambla enables you to publish your website designs through third party hosting services. When publishing your websites through third party services you shall continue to comply with these Terms.

Links to Third Party Sites

Piria may link the Rambla web site to, or third parties may provide, links to third party web sites and materials. Piria has no control over such sites and materials. You acknowledge and agree that Piria is not responsible for the availability of such external sites or materials, and does not endorse and is not responsible or liable for any content, software, advertising, products or other materials on or available from such sites or materials. You further acknowledge and agree that Piria shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such images, content, software, goods or services or other material available on or through such third party web sites and materials.

Indemnification

You agree to indemnify, defend and hold Piria, its officers, directors, employees, agents, licensors, suppliers and any third-party information service providers to the Rambla service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneyÍs fees, resulting from (i) any violation of these Terms of Service, or any activity related to access to or use of your account (including negligent and wrongful conduct) by you or any other person accessing the service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

Disclaimer of Warranties

Piria disclaims any and all responsibility or liability for the content, legality, reliability, or operability or availability of information or material displayed in the Rambla service. Piria disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any content, information or other material. Piria disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the internet through the Rambla service.

THE RAMBLA SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE RAMBLA SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. RAMBLA AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PIRIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE RAMBLA SERVICE. PIRIA AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE RAMBLA SERVICE. PIRIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RAMBLA SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE RAMBLA SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE RAMBLA SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE RAMBLA SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PIRIA OR ITS LICENSORS BE LIABLE TO ANY USER DUE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF RAMBLA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE RAMBLA SERVICE, FROM INABILITY TO USE THE RAMBLA SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE RAMBLA SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RAMBLA SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE RAMBLA SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE RAMBLA SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE RAMBLA SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE RAMBLA SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE RAMBLA SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Piria or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Termination and/or Modification of Service

Violation of the Terms of Service will result in the termination of your Rambla account.

Piria reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time. You acknowledge that Piria may from time to time upon prior written notice to you change the services offered, including, without limitation, establish general practices and limits concerning use of the Service the maximum number of days or maximum amount of Submissions will be retained by the Service, the amount and frequency that Submissions may be sent from or received by an account on the Service, the maximum size of any Submissions that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on PiriaÍs servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and charge for services that Piria may have previously offered without charge. You agree that Piria has no responsibility or liability for the deleting or failure to store any Submissions and other content or materials maintained or transmitted by the Service. You further acknowledge that Piria reserves the right to modify these general practices and limits from time to time.

Other Terms

Piria reserves the right to update, alter or modify these "Terms of Service" at any time. You will be notified via email of any material change (as determined by Piria) in the terms of service.

These Terms of Service constitute the entire agreement between you and Piria and governs your use of the Rambla service, superseding any prior agreements between you and Piria with respect to the Rambla service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Piria services, affiliate services, third-party content or third-party software.

These Terms of Service and the relationship between you and Piria shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Piria agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Boulder, Colorado.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.