Acceptance Of Terms & Conditions
PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE GOVERNING YOUR USE OF THIS WEBSITE. By accessing this website, you accept and agree to be bound by these Terms & Conditions of Use.
This website, Piccolouniverse.com (the “Site”), is owned and operated by Piccolo Universe, LLC (“Piccolo Universe”), an Florida limited liability company. This Site is offered to its users to view content and for the use of any features made available to registered or non-registered users. You do not need to register to access the Site.
We offer you the option to register as a member of piccolouniverse.com or to use the site as a non-registered visitor. Certain features or content may only be made available to you if you register with the Site. When you register with the Site, you will be asked to provide certain identifying information (e.g. Your name, email address, birthdate and zip code) and to create a screen name and password. You agree that the information submitted to us for registration is current and accurate, and you agree to update your registration information with us as needed to maintain its completeness and accuracy. You agree that you will choose a screen name that is not offensive. You also agree not to imitate any other person by providing identifying information of that person and/or a registration name identifying you as another person. Piccolo Universe reserves the right at its sole discretion to terminate or alter any screen name or membership for any reason including, but not limited to, any screen name or user content submission deemed, in the sole discretion of Piccolo Universe, to be offensive or an attempt to imitate another person. You agree to maintain the confidentiality of your password, and that you will be solely responsible for all access to and use of this Site by anyone using your screen name and password. Piccolo Universe has neither the ability nor the duty to monitor your screen name and password for unauthorized access by others. Piccolo Universe will have no liability for any loss or damage of any kind incurred by you as a result of your failure to maintain the confidentiality of your registration information.
Piccolo Site Content
All content, materials and features on this Site, including, but not limited to, text, graphics, photographs, video, audio, music, sounds, software, comments, postings, entries and any other content, materials and features (“Piccolo Content”) are owned by Piccolo Universe. The Site and Piccolo Content are subject to and protected by Piccolo Universe’s intellectual property rights, including copyright, trademark, trade secrets and all other proprietary and intellectual property rights. Piccolo Content, including all trademarks and any other intellectual property, may not be used, copied, duplicated, modified, downloaded, distributed, transmitted, reproduced, sold or displayed in any manner or form without Piccolo Universe’s prior written consent.
User Submitted Content
At Piccolouniverse.com, you are able to enjoy content created by us. Further, as a registered member of Piccolouniverse.com, you may have the opportunity to submit various forms of content, including posting comments, uploading written, photographic, or video materials, and participating in on-line discussions. With respect to any and all content you submit to the Site, you grant to Piccolo Universe a worldwide, irrevocable, royalty-free, non-exclusive license in perpetuity to use, reproduce, edit, modify, distribute, publicly display, incorporate and adapt such content in any form and in any medium now existing and subsequently developed. You will not receive any compensation for any user submitted content. You agree that by submitting content to the Site, Piccolo Universe is authorized to publicly identify you in connection with your submitted content.
With respect to user submitted content, you agree to abide by any applicable laws, including laws concerning copyright and use of intellectual property. You expressly agree not to submit any content in violation of any third-party’s intellectual property rights including copyright and trademark rights. You agree to be solely responsible for any and all content that you submit to the Site, and you will be solely responsible for any violations of any laws and any rights of third-parties in connection with your user submitted content, including any content submitted under your Screen Name.
Although we have no obligation to do so, at our sole discretion we may monitor, edit, modify or delete any Piccolo Content or user submitted content without notice and with or without any particular reason, including, without limitation, content which: (a) violates the law or these Terms and Conditions of Use, (b) is deemed offensive, abusive, threatening, harassing, vulgar, hateful, defamatory or libelous to others, (c) threatens the rights of any person or entity, and (d) we determine is not serving the needs and interests of the Site and our visitors.
You agree and understand that any content posted to the Site by you is not private or confidential and may be viewed by anyone on the internet, and your postings may appear in the results of internet search engine inquiries.
Third Party Links
The Site may include links to third party websites, which are not owned or operated by Piccolo Universe. You acknowledge and agree that Piccolo Universe has no responsibility or liability for these websites, including, but not limited to: (a) the availability of such websites, or (2) the content, services, products and advertising contained therein. You further acknowledge and agree that Piccolo Universe has no responsibility or liability for any liability, damage or loss incurred by you arising directly or indirectly out of your use of third party websites. You assume all risk arising out of your use of third party websites.
Piccolo Universe reserves the right to modify these Terms & Conditions at any time. Any modifications shall become effective immediately upon publication on the site.
This Site and its content, layout and arrangement are copyrighted by Piccolo Universe and/or its licensees or business partners. You are prohibited from using any copyrighted portion of this Site without prior written permission from Piccolo Universe and/or any applicable business partner.
All trademarks, trade names, service marks or other intellectual property on the Site belong to or are licensed by Piccolo Universe and/or its licensees or business partners. You are prohibited from using or displaying any trademark or other intellectual property on this Site without Piccolo Universe’s prior written consent.
Claims Of Copyright Infringement
Piccolo Universe respects the intellectual property rights of others, and these Terms and Conditions of Use require that you do as well. Piccolo Universe is under no obligation to monitor content or materials posted to the Site by you or other third parties. We do not knowingly permit content that infringes on the intellectual property rights of others to be posted to or remain on the Site. If you believe that any content or materials on the Site constitute copyright infringement, please provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to be infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient enough to permit us to locate the material;
- Contact information for you / the complaining party, including name, address, telephone number and email address;
- A statement by the you / the complaining party that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on the behalf of the copyright owner.
All notices and claims of alleged copyright infringement should be sent to our designated agent at:
Piccolo Universe, LLC
Attention: Copyright Agent
600 N. Fairbanks Ct., Suite 2908
Chicago, IL 60611
Limitation Of Liability
IN NO EVENT WILL PICCOLO UNIVERSE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY KIND OF DAMAGES ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATE RELATED TO THIS WEBSITE, OR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTIES ON THIS WEBSITE. YOU AGREE THAT THIS LIMITATION EXPRESSLY EXCLUDES ALL DAMAGES POTENTIALLY INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR ANY OTHER TYPE OF DAMAGES UNDER ANY THEORY OF LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Disclaimer Of Warranties
Piccolo Universe makes no warranty as to your ability to use or access this website, that this website or its server are free of viruses or other malware, or that any content posted by Piccolo Universe or other users is accurate. Piccolo Universe does not represent or warrant that it will preserve your access to the website or any content posted to the website. Piccolo Universe hereby disclaims any and all warranties to the maximum extent allowed by law, either express or implied, including but not limited to any warranty of merchantability or warranty of fitness for a particular purpose.
You agree to indemnify, defend and hold harmless Piccolo Universe and its owners, subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of your access to or your use of the Site or your violation of these Terms & Conditions of Use.
No Third Party Beneficiaries
You agree that there are no third party beneficiaries to this agreement.
These Terms & Conditions of Use contain the entire agreement between Piccolo Universe and You, and no promise, inducement or representation other than as herein set forth has been made, offered or agreed upon, and these Terms & Conditions of Use are contractual and not a mere recital.
You agree that these Terms & Conditions of Use and the relationship between the parties shall be governed by, interpreted, construed and enforced in accordance with the laws of the State of Florida without regard to its conflict of law provisions. All claims, legal actions or litigation or disputes shall be brought exclusively in the federal or state courts located in Miami-Dade County, Florida, and you submit to the jurisdiction of those courts and agree to waive any and all objections to venue in those courts.
In the event that any portion of any provision in these Terms & Conditions of Use is unenforceable or held to be unenforceable, then you agree that all remaining portions of the offending provision and all remaining provisions of these Terms & Conditions of Use shall remain in full force and effect.
In the event that these Terms & Conditions of Use are terminated for any reason, you agree that the provisions governing Copyright, Trademark, Limitation of Liability, Disclaimer of Warranties, Indemnification, and Governing Law, shall survive.