Terms and Conditions
Last updated: February 05, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Country refers to: Colorado, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Foco Flava.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Free Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
Website refers to Foco Flava, accessible from focoflava.org
You means the individual accessing or using the Service or the company or other legal entity on behalf of which such an individual is accessing or using the Service, as applicable.
Acknowledgment These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Users' Rights and Responsibilities
1. Acceptance of Terms: a. By accessing or using the Company's services, you agree to comply with these Users' Rights and Responsibilities and all applicable laws and regulations. If you do not agree with any part of these terms, you may not access the services.
2. User Accounts: a. Users may be required to create accounts to access certain features of the services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
b. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
3. User-Generated Content: a. Users may have the ability to submit or upload content to the Company's platforms. By doing so, you grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such content.
b. Users represent and warrant that they have the right to submit such content and that the content does not violate any third-party rights or applicable laws.
4. Purchases and Transactions: a. Users may have the ability to purchase goods, items, or services through the Company's services. By making a purchase, you agree to abide by the terms and conditions of the purchase, including payment terms and refund policies.
b. Users may subscribe to certain plans or services. Subscription terms, including billing cycles and cancellation policies, will be clearly communicated, and users agree to abide by these terms.
5. Intellectual Property: a. All intellectual property, including trademarks, copyrights, and proprietary materials, displayed on the Company's services is the exclusive property of the Company. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these materials without the Company's prior written consent.
6. Feedback and Suggestions: a. The Company welcomes feedback, suggestions, or ideas regarding its products or services. By providing such feedback, users acknowledge and agree that the Company has the right to use, implement, or incorporate such feedback without providing any compensation or credits to the user.
7. Prohibited Conduct: a. Users agree not to engage in any conduct that violates these terms and conditions, applicable laws, or the rights of others. Prohibited conduct includes, but is not limited to, unauthorized access to the services, interference with the functionality of the services, and the transmission of harmful code or content.
8. Termination: a. The Company reserves the right to terminate or suspend user accounts, access to services, or any part thereof, for any reason, including a breach of these terms and conditions.
9. Modifications: a. The Company reserves the right to modify or update these Users' Rights and Responsibilities at its discretion. Users are encouraged to review the terms periodically for any changes.
10. Contact Us: If you have any questions or concerns about these Users' Rights and Responsibilities, please contact us:
By email: FocoFlava@gmail.com
By accessing or using the Company's services, you indicate your understanding and acceptance of these terms and conditions. The Company reserves the right to enforce these terms to the fullest extent permitted by law.
Intellectual Property
Our content, including the logo, visual design, trademarks, etc., is our exclusive property.
Please read these terms and conditions carefully before accessing or using any intellectual property owned the Company.
1. Ownership:
The intellectual property, including but not limited to trademarks, copyrights, patents, trade secrets, logos, visual designs, and any other proprietary materials (collectively referred to as "Intellectual Property"), displayed on the Company's website, products, or services are the exclusive property of the Company, unless otherwise stated.
2. Use of Intellectual Property:
a. Users are granted a limited, non-exclusive, revocable license to access and use the Intellectual Property for personal, non-commercial purposes in connection with the Company's products or services.
b. Any unauthorized use, reproduction, distribution, or modification of the Intellectual Property is strictly prohibited and may violate copyright, trademark, patent, or other intellectual property laws.
3. User-Generated Content:
a. Users may have the ability to submit or upload content (such as reviews, comments, or creative works) to the Company's platforms. By doing so, users grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such content.
b. Users represent and warrant that they have the right to submit such content and that the content does not infringe upon the intellectual property rights or other rights of any third party.
4. Trademarks:
a. All trademarks, service marks, trade names, and logos ("Trademarks") used and displayed by the Company are registered or unregistered Trademarks of the Company. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way.
b. Any use of the Trademarks without the express written consent of the Company is strictly prohibited.
5. Feedback and Suggestions:
a. The Company welcomes feedback, suggestions, or ideas regarding its products or services. By providing such feedback, users acknowledge and agree that the Company has the right to use, implement, or incorporate such feedback without providing any compensation or credits to the user.
6. Enforcement:
a. The Company will take appropriate legal action against any unauthorized use, reproduction, or distribution of its Intellectual Property, including seeking injunctive relief and damages.
b. Users who violate these Intellectual Property terms and conditions may be subject to legal consequences.
7. Modifications:
The Company reserves the right to modify or update these Intellectual Property terms and conditions at its discretion. Users are encouraged to review the terms periodically for any changes.
8. Contact Us:
If you have any questions or concerns about these Intellectual Property terms and conditions, please contact us:
By email: FocoFlava@gmail.com
By accessing or using the Company's Intellectual Property, users indicate their understanding and acceptance of these terms and conditions. The Company reserves the right to enforce these terms to the fullest extent permitted by law.
Feedback and Suggestions
Please read these terms and conditions carefully before providing any feedback, suggestions, or ideas ("Feedback") to the Company.
1. Submission of Feedback: a. By providing Feedback to the Company, you acknowledge and agree that the Feedback becomes the property of the Company, and you grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to use, implement, or incorporate the Feedback into its products, services, or business operations.
b. You represent and warrant that you have the right to provide the Feedback and that it does not infringe upon the intellectual property rights or other rights of any third party.
2. No Confidentiality: a. The Company does not assume any obligation of confidentiality with respect to any Feedback submitted. You should not provide any information that you consider confidential, proprietary, or sensitive.
3. Compensation: a. You acknowledge and agree that the Company may use, implement, or incorporate the Feedback without providing any compensation, credits, or royalties to you.
4. No Obligation to Implement: a. The Company has no obligation to implement or use any Feedback provided. The decision to implement or incorporate Feedback into its products, services, or business operations is at the sole discretion of the Company.
5. Your Responsibilities: a. You are solely responsible for the content and accuracy of the Feedback you provide. The Company is not responsible for verifying the authenticity or legitimacy of the Feedback.
6. Enforcement: a. The Company reserves the right to take appropriate legal action against any unauthorized use or disclosure of Feedback, including seeking injunctive relief and damages.
b. Users who violate these Feedback terms and conditions may be subject to legal consequences.
7. Modifications: a. The Company reserves the right to modify or update these Feedback terms and conditions at its discretion. Users are encouraged to review the terms periodically for any changes.
8. Contact Us: If you have any questions or concerns about these Feedback terms and conditions, please contact us:
By email: FocoFlava@gmail.com
By providing Feedback to the Company, you indicate your understanding and acceptance of these terms and conditions. The Company reserves the right to enforce these terms to the fullest extent permitted by law.
Promotions, Contests, Sweepstakes
We may offer promotions, contests, and sweepstakes through the Service.
Please read these terms and conditions carefully before participating in any promotions, contests, or sweepstakes ("Promotions") organized by the Company.
Eligibility:
The Promotion is open to participants who meet the specific eligibility criteria outlined in each individual Promotion announcement or campaign.
How to Enter: 2. Entry instructions and requirements will be provided in each Promotion announcement or campaign. Participants are responsible for following these instructions accurately.
Entry Deadline: 3. The deadline for entry into each Promotion will be clearly stated in the respective announcement or campaign. Entries received after the deadline will not be considered.
Winner Selection: 4. Winners will be selected based on the criteria outlined in each individual Promotion announcement. The Company's decision on the selection of winners is final and binding.
Prizes: 5. The prizes for each Promotion will be clearly stated in the respective announcement or campaign. Prizes are non-transferable, and no cash alternatives will be offered.
Notification of Winners: 6. Winners will be notified via the contact information provided during entry. If a winner cannot be contacted or does not claim the prize within [specified time], the Company reserves the right to withdraw the prize from that winner and select a replacement.
Publicity: 7. By participating in the Promotion, participants agree to allow the Company to use their name, image, and entry content for promotional purposes without additional compensation, unless prohibited by law.
General Conditions: 8. The Company reserves the right to cancel, terminate, or modify the Promotion at its discretion, including but not limited to, altering entry criteria, prizes, and duration.
The Company is not responsible for any technical malfunctions, errors, or failures that may occur during the Promotion, including any lost, late, misdirected, or incomplete entries.
Participants agree to comply with all applicable laws and regulations during their participation in the Promotion.
The Company's employees, their immediate family members, and anyone professionally connected with the Promotion are not eligible to participate.
Disqualification: 12. The Company reserves the right to disqualify any participant found to be in violation of these terms and conditions or engaging in fraudulent or unsportsmanlike conduct.
Privacy Policy: 13. Participants' personal information collected during the Promotion will be used in accordance with the Company's Privacy Policy.
Governing Law: 14. These terms and conditions are governed by the laws of [Your Jurisdiction]. Any disputes arising out of or in connection with the Promotion shall be subject to the exclusive jurisdiction of the courts of [Your Jurisdiction].
Contact Us: 15. If you have any questions or concerns about the Promotion or these terms and conditions, please contact us:
By email: FocoFlava@gmail.com
By participating in any Promotion, participants indicate their understanding and acceptance of these terms and conditions. The Company reserves the right to amend or update these terms and conditions as necessary. Participants are encouraged to review the terms regularly for any changes.
Links to Other Websites Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are a resident.
United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us If you have any questions about these Terms and Conditions, You can contact us:
By email: FocoFlava@gmail.com