www.costarica.com ("COSTA RICA") is an interactive on-line service operated by CostaRica.Com, Inc. S. A.("COSTARICA.COM") - a private corporation based in the Republic of Costa Rica - on the World Wide Web of the Internet, consisting of information, interactive services, and content provided by COSTARICA.COM, affiliates of COSTARICA.COM and other third parties. "Visitor" means each person who establishes or accesses a connection ("Account") for access to and use of COSTA RICA.
I. This Agreement, which incorporates by reference other provisions applicable to use of COSTA RICA, including, but not limited to, supplemental terms and conditions set forth in addendum A hereof ("Supplemental Terms") governing the use of certain specific material contained in COSTA RICA, sets forth the terms and conditions that apply to use of COSTA RICA by Visitor. By using COSTA RICA (other than to read this Agreement for the first time), Visitor agrees to comply with all of the terms and conditions hereof. The right to use COSTA RICA is personal to Visitor and is not transferable to any other person or entity. Visitor is responsible for all use of Visitor's Account (under any screen name or password) and for ensuring that all use of Visitor's Account complies fully with the provisions of this Agreement. Visitor shall be responsible for protecting the confidentiality of Visitor's password(s), if any.
II. COSTARICA.COM shall have the right at any time to change or discontinue any aspect or feature of COSTA RICA, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
COSTARICA.COM shall have the right at any time to change or modify the terms and conditions applicable to Visitor's use of COSTA RICA, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on COSTA RICA, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of COSTA RICA by Visitor after such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.
Visitor shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of COSTA RICA and all charges related thereto.
5. Visitor Conduct
I. Visitor shall use COSTA RICA for lawful purposes only. Visitor shall not post or transmit through COSTA RICA any material which violates or infringes in any way upon the rights of others, which is unlawful threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without COSTARICA.COM's express prior approval, contains advertising or any solicitation with respect to products and/or services. Any conduct by a Visitor that in COSTARICA.COM's discretion restricts or inhibits any other Visitor from using or enjoying COSTA RICA will not be permitted. Visitor shall not use COSTA RICA to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Visitors of other on-line information services competitive with COSTA RICA.
II. COSTA RICA contains copyrighted material, trademarks and other Proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of COSTA RICA are being copyrighted as a collective work under the Republic of Costa Rica's law. COSTARICA.COM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Visitor may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Visitor may download copyrighted material for Visitor's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of COSTARICA.COM and the copyright owner. In the event of any permitted copying, redistribution or publications of copyrighted material, no changes in ordeletion of author attribution, trademark legend or copyright notice shall be made. Visitor acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
III. Visitor shall not upload, post or otherwise make available on COSTA RICA any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of COSTA RICA, Visitor automatically grants, or warrants that the owner of such material has expressly granted COSTARICA.COM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants COSTARICA.COM the right to edit, copy, publish and distribute any material made available on COSTA RICA by Visitor.
IV. The foregoing provisions of Article 5 are for the benefit of COSTARICA.COM, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
I. VISITOR EXPRESSLY AGREES THAT USE OF COSTA RICA IS AT VISITOR'S SOLE RISK. NEITHER COSTARICA.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT COSTA RICA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF COSTA RICA, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH COSTA RICA.
II. COSTA RICA IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
III. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT COSTARICA.COM IS NOTLIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
IV. IN NO EVENT WILL COSTARICA.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING COSTA RICA OR THE COSTA RICA SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE COSTA RICA. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL CONTENT ON COSTA RICA.
V. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, COSTARICA.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN COSTA RICA, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE IN THE REPUBLIC OF Costa Rica, VISITORS ARE ADVISED TO CONSULT WITH THEIR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. COSTARICA.COM, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, COSTARICA.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
VI. THE LINKS IN COSTA RICA WILL LET YOU LEAVE COSTA RICA'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COSTARICA.COM AND COSTARICA.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. COSTARICA.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY COSTA RICA OF THE SITE.
COSTARICA.COM shall have the right, but not the obligation, to monitor the content of COSTA RICA, including chat rooms, guest books, classifieds, and forums, to determine compliance with this Agreement and any operating rules established by COSTARICA.COM and to satisfy any law, regulation or authorized government request. COSTARICA.COM shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on COSTA RICA. Without limiting the foregoing, COSTARICA.COM shall have the right to remove any material that COSTARICA.COM, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Visitor agrees to defend, indemnify and hold harmless COSTARICA.COM, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of COSTA RICA by Visitor or Visitor's Account.
Either COSTARICA.COM or Visitor may terminate this Agreement at any time. Without limiting the foregoing, COSTARICA.COM shall have the right to immediately terminate Visitor's Account in the event of any conduct by Visitor which COSTARICA.COM, in its sole discretion, considers to be unacceptable, or in the event of any breach by Visitor of this Agreement. The provisions of Articles 5, 6, 8, 10 and this Article 9 shall survive termination of this Agreement.
COSTA RICA, its slogans "The Costa Rica of the Web" or "The Costa Rica on the Internet" or "La Costa Rica del Web", and each of its logos are distictive elements and their usage created and designed in a specific format by COSTARICA.COM. All rights reserved. All other trademarks appearing on COSTA RICA are the property of their respective owners.
11. Third Party Content
COSTARICA.COM is a distributor (and not a publisher) of content supplied by third parties and Visitors. Accordingly, COSTARICA.COM has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Visitors or any other visitor of COSTA RICA, are those of the respective author(s) or distributor(s) and not of COSTARICA.COM. Neither COSTARICA.COM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Article 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through COSTA RICA represents the opinions and judgments of the respective information provider, Visitor, or other user not under contract with COSTARICA.COM. COSTARICA.COM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on COSTA RICA by anyone other than authorized COSTARICA.COM employee spokespersons while acting in their official capacities. Under no circumstances will COSTARICA.COM be liable for any loss or damage caused by a Visitor's reliance on information obtained through COSTA RICA. It is the responsibility of Visitor to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through COSTA RICA. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for COSTA RICA established by COSTARICA.COM constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Republic of COSTA RICA, without regard to its conflict of law rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The Article headings used herein are for convenience only and shall not be given any legal import.