Terms of Use

IMPORTANT!  PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.

These Terms of Use apply to your access to and use of all or part of this website (whose home page is located https://www.keeploretomagical.org and https://www.loretomagico.org) or any mobile application of Keep Loreto Magical Foundation or its sponsoring organization, The Ocean Foundation (collectively, "KLM"). These terms also extend to our Facebook page at https://www.facebook.com/KeepLoretoMagical. In this Terms of Use Agreement our website, mobile application and Facebook page are collectively referred to as the "Sites".

As used throughout this website, the term "KLM" and such terms as “Keep Loreto Magical”, "the organization," "our," "we" and "us" may refer to KLM or KLM's sponsoring organization, “The Ocean Foundation” or “TOF”. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate organizations, each of which manages its own affairs. By accessing or using our Sites, you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to all of these Terms of Use, do not use our Sites.

Trademarks

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to KLM, its affiliates, or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof. Examples of the trademarks, service marks, logos and trade names owned by KLM and its sponsoring organization, The Ocean Foundation, include, but are not limited to, the following:

Copyright

The material made available at these Sites is protected by copyright. No material from these Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of KLM's copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, must be obtained from KLM in advance. Requests for such authorization should be sent via email. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to KLM.

Site Security

You are prohibited from violating, or attempting to violate, the security of these Sites. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include without limitation:

  • logging into or attempting to log into a server or account that you are not authorized to access;

  • accessing data or taking any action to obtain data, information or services not intended for you or your use;

  • attempting to probe, scan or test the vulnerability of any system or network;

  • tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;

  • transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of the Site.

Other Prohibited Activity

In using our Sites, you must not:

  • post, send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that KLM in its sole discretion does not wish posted or transmitted on the Site;

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  • upload or otherwise make available files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;

  • misrepresent your identity or affiliation in any way;

  • engage in deceptive online marketing;

  • violate any applicable laws or regulations; or

  • assist or permit any persons in engaging in any of the activities described above.

User Submissions

You must exercise caution, good sense and sound judgment in using our Sites. You are responsible for any material you place on or transmit to or through our Sites. You agree, represent and warrant that any information you post to or transmit through our Sites is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

Unsolicited Ideas

KLM does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through these Sites that you consider to be confidential or proprietary. Any material that you transmit to or through these Sites will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Statement or separate written agreement between you and KLM, you give KLM an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that KLM has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through these Sites.

Links to Other Websites

These Sites may contain links to other non-KLM websites. These links are for convenience only. Certain of these linked websites may make use of KLM proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from KLM. KLM is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these sites should not be interpreted as endorsement or approval by KLM of the organizations sponsoring the sites or their products or services.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from these Sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from KLM if in KLM's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from these Sites and all copies thereof, whether made under the terms of this agreement or otherwise. The provisions of this Terms of Use Statement shall survive any termination of this agreement.

Disclaimer

The materials in these Sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, KLM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KLM does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that these Sites or the server that makes it available are free of viruses or other harmful components. KLM does not make any representations or warranties regarding the use or the results of the use of the materials in these Sites in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall KLM be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the materials in these Sites, even if KLM or a KLM authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall KLM's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to KLM, if any, for using these Sites.

Indemnity

You agree to indemnify, defend and hold KLM, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this agreement; and/or (ii) your activities in connection with our Sites.

Changes to Terms of Use Statement

KLM may revise these Terms of Use at any time without notice. It is your responsibility to regularly check for changes to this agreement because they will be binding on you. Any new or updated feature, content of application that will be made available through the Site will be subject to these terms. Your use of the Site after such changes constitutes your agreement to such changes.

If you have any questions or complaints regarding these Terms of Use, please email us and we will endeavor to respond to you promptly.