Terms and Conditions
Welcome to the McPike-Zima Foundation, an organization established in New Castle County, Delaware, United States of America, and its McPike-Zima Foundation website, (hereinafter the “Company” and “Website,” respectively). Next, the Terms and Conditions of access and use of our Website are detailed. The entrance and its use imply the acceptance of these Terms and Conditions. Consequently, you should read these terms and conditions (these “Terms and Conditions”) carefully before accessing and/or using any service on the Website at your own risk. The McPike-Zima Foundation reserves the right to, at any time and without prior notice, modify or eliminate the content, structure, design, services, and conditions of access and/or use of this Website. The McPike-Zima Foundation may also make changes to these Terms and Conditions from time to time in its sole discretion. Each time changes are made to these Terms and Conditions; a revised Terms and Conditions will be posted on this Website. Your continued use of this Website following the posting of changes constitutes your acceptance of any such changes. The entry and use of this Website are subject to the applicable provisions of the legislation of the “Country of formation of the company.”
All references in these Terms and Conditions to “we”, “us”, or “our” shall refer to the McPike-Zima Foundation and its subsidiaries. All references in these Terms and Conditions to “you” or “your” shall refer to the users of this Website and/or portals.
Use of this Website
The User agrees to use the Website and its services and contents without contravening the applicable legislation, good faith, and public order. Consequently, any use for illicit purposes or that prejudice or prevent may damage and/or overload, in any way, the use and normal operation of the Website or directly or indirectly threaten it or against any right of a third party is prohibited. The McPike-Zima Foundation does not guarantee that the information, text, graphics, links, or the content of all articles included in the Website are exact or complete, nor does it undertake to update the information contained therein.
Further use by the User of this Website constitutes the following:
- In order to access certain features of this Website and/or portals, you may be required to provide information about yourself (such as identification or contact details) as part of a registration process. You agree that any information provided by you in this regard is accurate, correct and up to date.
- You agree to use this Website and/or portals only for the purposes that are permitted by (a) these Terms and Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- You agree not to access (or attempt to access) this Website and/or portals by any means other than through the interface that is provided by this Website. You specifically agree not to access (or attempt to access) any part of this Website and/or portals through any automated means (including use of scripts or web crawlers etc.).
- You agree that you will not engage in any activity that interferes with or disrupts this Website and/or portals (or the servers and networks which are connected to this Website and/or portals).
- You agree that you will not reproduce, duplicate, copy, republish, upload, post, transmit, distribute, modify, sell, trade, or resell this Website and/or portals, or any portion, feature, or content thereof, for any purpose.
- You agree that you are solely responsible for (and that this Website and its owner(s) has no responsibility to you or to any third-party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which this Website and its owner (s) may suffer) of any such breach.
- We reserve the right to modify or discontinue, temporarily or permanently, your access to this Website and/or portals with or without notice.
Links, Frames and Metatags
You may not link to this Website without prior written permission of the McPike-Zima Foundation. Any such approved link shall in no way cast the McPike-Zima Foundation in a false or misleading light. You may not frame the content of this Website. You may not use metatags or any other “hidden text” that incorporates our trademarks or our name without our express written consent.
Intellectual Property and Use of contents
All content included on this Website including but not limited to, text, images trademarks, service marks, trade names, graphics, logos, icons, button icons, images, data compilations, domain names and software (“Materials”), is the property of the McPike-Zima Foundation or its content suppliers or used with permission. The McPike-Zima Foundation and relevant third parties expressly reserve all rights, including copyright, in whole and in part, throughout the world in the Materials on this Website. The Website and the Materials contained herein may be used only by obtaining explicit written permission from the McPike-Zima Foundation and/or the relevant copyright or rights holder. Any unauthorized use or modification of the Materials on the Website may violate copyright laws, trademark laws, relevant laws of privacy and publicity, contract, and communications regulations and statutes and any other applicable laws.
You may not distribute, modify, download, reuse, transmit, copy, repost or use the contents of the Website for public or commercial purposes, or personal gain, without express written permission of the McPike-Zima Foundation. Nothing on this Website shall be construed as granting any license or right to such content or Materials.
Intellectual Property Complaints
The McPike-Zima Foundation respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement on this Website please notify us immediately by mail to
[email protected].
Privacy Policy and Protection of personal data
The McPike-Zima Foundation has adopted the measures and security levels for the projection of personal data required by the law. We are committed to protecting the privacy of visitors to this Website. Therefore, our Website does not collect personal information from users unless it is provided by them, voluntarily and consciously. We may collect personally identifying data about you, such as your name, address, email address, only when you provide it to us voluntarily when you request additional information or publications. We do not share your personal data with any third parties other than service providers who use the information only to help us respond to your requests. The McPike-Zima Foundation does not sell information about visitors to this Website. The McPike-Zima Foundation may disclose any information if required to so by law or in the belief that such action is reasonably necessary (a) to conform to the requirements of the law; (b) to protect and defend the legal rights or property of the McPike-Zima Foundation, the Website or its users or (c) in an emergency, to protect the safety of its users and/or public.
The personal data collected through this Website are subject to automated processing. All private communications between the McPike-Zima Foundation and data subjects/users will be considered confidential. In addition, the information of any type that both parties exchange, the information that both parties agree to have such a nature, and the information related to confidential data will also have confidential status. We recommend that the owner of the data not provide any third party with their identification of the owner of the data, password, or reference numbers that, where appropriate, are provided by the McPike-Zima Foundation. Likewise, to guarantee that the protection of professional secrecy between the McPike-Zima Foundation and the owner of the data/user is preserved in all communications, the owner of the data/user must try not to reveal his confidential information to third parties. All holders of personal data have the power to exercise the right of access to them free of charge, duly proving their identity for this purpose, employing a formal document addressed to the McPike-Zima Foundation at their address and/or by means of a written request made to the mail
[email protected], at intervals of no less than six months, unless a legitimate interest is proven in accordance with the provisions of the Privacy and Data Protection laws in New Castle Country Delaware, United States.
Limitations of Liability
Access to the Website and any use of the information contained therein is the sole responsibility of the person who performs them. The Website and/or portals are provided on an “as is’’ and “available” basis. The McPike-Zima Foundation makes no representations or warranties of any kind, express or implied, as to the operation of this Website and/or portals or the information, content, Materials, or services included thereon, including but not limited to, implied warranties or merchantability and fitness for a particular purpose. The McPike-Zima Foundation is not liable for the possible consequences, damages, or losses that may arise from such access or use of information. The McPike-Zima Foundation is not liable for damages caused by viruses, malicious or harmful programs in the content, and/or any other agent that may infect or in any way affect the computer system or systems used by the user and does not warrant the same. Likewise, the McPike-Zima Foundation is not liable for the lack of availability, continuity, access, maintenance, and effective operation of the Website and/or its services and/or the updating, accuracy, completeness, relevance, timeliness, and reliability of its contents, whatever the cause, difficulties or technical or other problems in which these events originate; in the same way, it is not liable for the reception, obtaining, storage, diffusion and/or transmission of the contents of the Website by users. The McPike-Zima Foundation will not be liable for any damages of any kind arising from the use of, or inability to use the Website including, but not limited to, direct, indirect, incidental, punitive and consequential damages, whether in contract, tort or otherwise. Certain State laws do not allow limitations or implied warranties or the exclusion of limitation of certain damages; accordingly, the foregoing limitations or exclusions of liability may not apply to you.
Links to other websites
In no case, the McPike-Zima Foundation will be responsible for the contents included in other websites owned by third parties that may be connected by hyperlink with the McPike-Zima Foundation Website as an extension of the information services that it provides to its visitors and those that the McPike-Zima Foundation have no editorial control. In the event of controversies, the laws in force in the New Castle County, Delaware, United States of America, and the competent court of New Castle County, Delaware, United States of America, shall apply, excluding any other jurisdiction and/or jurisdiction.
In case of questions, comments, and/or suggestions regarding this Website, we invite you to connect with our team at the following email
[email protected], by means of a document sent to the following address: McPike-Zima Charitable Foundation, 950 Brickell Bay Drive Apt. 3309, Miami, FL, 33113.
Photographs are/Photograph is the property of the:
Permission to use these images/this image on
www.mcpzfoundation.org is granted exclusively to McPike-Zima Foundation.
Termination
We reserve the right to terminate this Website at any time without notice for any reason. The Limitations of Liability and Privacy Policy shall survive any such termination.
Severance and Waiver
You acknowledge and agree that if any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provisions.
The McPike-Zima Foundation’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the McPike-Zima Foundation.
Governing Law
These Terms and Conditions will be governed by the laws of the State of Delaware. Each party hereby irrevocably consents to exclusive jurisdiction of the State and federal courts located in Delaware.
