This web site is operated by or on behalf of Púpa computer. ("referred to as "Púpa", "we", "our" and "us"). Púpa's registered address is:
Púpa Computer, Inc.
4240 Ridge Lea Rd Suite 37
Amherst, NY 14226 U.S.A.
Welcome to Púpa's web site. Our web site offers to you information and resources about us, our business, our products and other tools and services. Please read these terms of use carefully before using this web site. Your access and use of this web site is subject to these terms of use and other applicable laws. Your access or use of this web site constitutes your agreement to be bound by these terms and conditions of use. If you do not agree to these terms of use, do not use this web site. Please review these terms of use periodically as these terms of use may change and Púpa may make such changes at any time.
Use of this web site is available only to persons who can enter into and form legally binding contracts. Persons who are incompetent or legally incapable to enter into and form a legally binding contract are not eligible to use the web site. You agree and acknowledge that you: (i) have read and understood and unconditionally accepted these terms of use, as amended from time to time; (ii) consent to the use of electronic communications in order to enter into contracts and confirm terms from Púpa; (iii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iv) acknowledge that you have access to the necessary software and hardware to receive electronic records from Púpa in connection with transactions initiated or completed by you online. If you cannot enter into and form a legally binding contract, we will accept your use of this web site only if your parent or guardian agrees to these terms of use.
Púpa may changes these terms of use or the web site at any time without any requirement to provide notice to you other than by posting the amendments on this web site. These changes will be effective upon Púpa's posting of these changes on the web site. You agree that Púpa will not be liable to you for any change or discontinuance, in whole or in part, of the terms of use or this web site. Your use of the web site after these changes will constitute your acceptance to the changes to the terms of use or this web site.
You may discontinue use of the web site at any time. Púpa reserves the right, in its sole discretion, to terminate, impose additional conditions on or restrict your use of all or any part of this web site without reason, without notice and without liability to you or anyone else. These terms of use pertaining to your use of Púpa's intellectual property, indemnification and limitation of liability will survive any termination, expiration or subsequent modification of these terms of use.
You acknowledge that all business information, code, content, drawings, graphics, information, logos, metadata, meta tags, marketing information, page format and style, phrases, pictures, product descriptions, product reviews, renderings, text and trademarks and all intellectual property rights and good will associated therewith (collectively referred to as “site content”) is owned by Púpa and Púpa reserves all rights in and to the site content. Except as expressly granted to you under these terms of use, Púpa does not grant you any right, title or interest in or to the site content. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the site content. You will not take any action to jeopardize, limit or interfere in any manner with Púpa’s ownership of the site content. Púpa reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the site content. The web site may contain site content owned or licensed by third parties. All restrictions set forth in these terms of use equally apply to all site content owned or licensed by third parties.
Subject to the restrictions defined in these terms of use, you are granted a temporary, non-exclusive, non-transferable, conditional, limited right to access and use the web site solely for the purpose for your own non-commercial use to review information about Púpa and Púpa's products and provide content regarding Púpa's product where allowed.
You will not, or permit, assist or direct any third person to: (i) extract, separate, remove or otherwise copy the site content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the site content to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of the site content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the site content, in whole or in part; or (v) use the site content for any other purpose other than as expressly provided hereunder.
In certain circumstances, our web site may allow you to provide your opinion and feedback regarding our products and you may be allowed special pricing for participating in marketing campaigns at the discretion of Púpa. In exchange, you may be required to create a username and password for your use. Select a non-obvious password and preserve your username and password with care; do allow anyone to use your login credentials to access the web site and change your password periodically. You agree to immediately notify Púpa in the event of any unauthorized use of your login credentials. Púpa will not be responsible for any loss or liability resulting from the unauthorized use of your login credentials with or without your knowledge. You are fully responsible for all activities that occur by use of your login credentials. Púpa reserves the right to take any action it deems necessary to ensure the security of the web site and your account, including without limitation, terminating your account, changing your password or requesting additional authentication information from you. Púpa does not represent or guarantee your personal information is free from security threats or other vulnerabilities. Please refer to Púpa's Privacy policy for the terms governing the treatment and use of your information. Púpa reserves the right to terminate your account if Púpa deems your account to be inactive for an extended period of time.
To post content on the web site, you must create an account and become a registered user. When you provide or post information on the web site you agree to provide true, accurate, current and correct information and to promptly update such information to keep it true, accurate and current. If you provide any information that is or Púpa reasonably believes is untrue or inaccurate, Púpa may edit, remove or refuse such information and suspend or terminate your access to your account. Púpa does not pre-screen content that you or other users post to the web site and the web site serves merely as a forum to for users discuss Púpa's products. Púpa does not guarantee that the information is true, accurate or current or otherwise false, misleading, inaccurate, fraudulent, deceptive or illegal. Except as otherwise provided in Púpa's Privacy policy, you agree that any communications transmitted to anyone through the web site or copyrighted works posted by you on the web site, including, without limitation, questions, comments, suggestions, reviews, descriptions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data or information, are non-confidential and by posting any content or information to the web site, you grant Púpa a non-exclusive, non-revocable, worldwide right to use your posted information and content in any manner or media, including the right to adapt, modify, create derivative works, sublicense, assign and commercialize without any compensation due to you. Your use of the web site constitutes your consent to allow Púpa to store content created by you, including your personal information on Púpa's host computers. You also agree to observe and follow the following posting rules:
1. Do not impersonate anyone else.
2. Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, deceptive or that promotes illegal activity.
3. Do not post your personal information or solicit any personal information from other users of the web site.
4. Do not post any content or information in violation of any laws.
5. Do not insult or flame any other users of the web site. Do not post content that is that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
6. Post only constructive information. Do not speculate or post rumors about Púpa, Púpa's products or any other user.
7. Do not post information that you do not own or control all rights thereto. You are responsible for all content that you post.
Our privacy policy describes the collection and use of information on this web site. Read our privacy policy prior to any use of this web site.
In the event any objectionable content or information appears on the web site, notify Púpa in writing of the objectionable content. Púpa will make a good-faith effort to investigate all allegations of objectionable content that violates the terms of use but Púpa does not represent or warrant that Púpa will take any action relating thereto.
If you believe that your work has been improperly copied and posted to the web site, please provide Púpa with your name, address, telephone number, email address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the web site and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.
For questions or concerns, please email us or contact us at:
VIA EMAILS: e1@pupacomputers.com
IN WRITING:
Púpa
Attn: Legal
4240 Ridge Lea Rd Suite 37
Amherst, NY 14226, USA
Compromising the security of the web site is prohibited and may result in criminal and civil liability. Púpa may investigate security-compromising activities and will contact and cooperate with law enforcement if a crime has possibly occurred. Púpa deems the following activity as attempts to compromise the security of the web site: unauthorized access to information on Púpa's server computer or systems such as probes, scans, or vulnerability tests of the web site, bypass or circumvention of the web site's authentication measures, interfering with service to any end user, interfering with or tampering with the web site's host computer or network facilitating any connection with or to the web site, attempts to overload Púpa's host computer or network, altering or cloning packet headers, email headers or message headers.
Púpa may establish standard practices and limits regarding the use of the web site, including the type of user-posted content permitted on the web site, maximum number of days user-created content is displayed, accessible or retained by Púpa or the maximum number of emails an account my send or receive emails and the maximum disk-space allotted to each end user. Púpa will have no liability for the preservation or deletion of any content or personal information maintained by the web site or otherwise provided by you to Púpa through use of the web site. Púpa reserves the right to modify its usage and storage of content and information from time to time.
This web site may link to other web sites owned or operated by third parties. These links are provided solely for your information and convenience. Púpa has no control over these third party web sites. Púpa makes no representations as to safety, content, accuracy, relevance or any other aspect of such advertisements or third party websites. Without prejudice to the generality of the above: (i) Púpa does not endorse the advertisements or organizations sponsoring linked websites and does not endorse the views expressed or the products/services offered therein; (ii) Púpa does not and cannot authorize the use of copyrighted materials contained in such advertisements and linked websites; and (iii) Púpa shall not be responsible for transmissions which you may receive from such linked websites. Due to the nature of the Internet, we do not warrant that access to such linked websites or any of their pages will be uninterrupted or error free.
Some of the services, facilities or features of the web site are supported by advertising revenue and the web site may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the web site, queries made through the web site or other information. The manner, mode and extent of advertising by Púpa on the web site are subject to change without specific notice. In consideration for Púpa granting you the limited and conditional access to and use of the web site and the content therein, you agree that Púpa may place such advertising on the web site.
All purchase orders for product placed by you through this web site are subject to Púpa's acceptance and the availability of product or as otherwise provided by law. Púpa reserves the right to refuse to accept or cancel any purchase order without reason and without liability to you or anyone else. All purchase orders for products are subject to Púpa's terms of sale and these terms of use will not supersede any terms of sale. Púpa disclaims all warranties in relation to any product or service not specifically provided under the terms of sale. The pricing, functionality and specifications of all Púpa products and services including those displayed on this website are listed in the respective Púpa price list, product documentation or service documentation. No description of features or functionality of products on this website will substitute for, or prevail over, such product documentation. If Púpa refuses to accept or cancels your purchase order after your payment method has be charged or otherwise received by Púpa, Púpa will, at its option and sole discretion, reverse the payment method or issue you a refund.
Púpa reserves the right to enforce these terms of use in the sole discretion of Púpa. Púpa may issue warnings, suspend or terminate use or access to the web site, edit user-posted content and information, prosecute or institute legal proceedings for any violation of these terms of use. Púpa's failure to enforce any right or provision of these terms of use will not constitute a waiver of such right or provision. If any right or provision is deemed unlawful or void, then the provision will be deemed severable from these terms of use and will not affect the validity or enforceability of the remaining terms. These terms will be governed and construed under the laws of the State of New York, U.S.A.
You agree to indemnify, defend, and hold harmless without limitation, Púpa, its parent company, shareholders, officers, directors, employees, agents, licensors and suppliers from and against any and all claims, losses, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of this web site, including without limitation any content posted or otherwise created by you. This obligation will survive the termination or modification of these terms of use.
THE WEB SITE AND THE INFORMATION AND CONTENT PROVIDED BY Púpa THEREIN ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, Púpa DISCLAIMS ALL WARRANTIES OF EVERY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Púpa DOES NOT REPRESENT NOR WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF DEFECT OR FREE FROM ANY SECURITY COMPROMISING MECHANISMS. PÚPA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION OR CONTENT PROVIDED BY THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, TRUTHFULLNESS, USEFULNESS, RELIABILITY OR OTHERWISE.
PÚPA WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE PERFORMANCE OR THE CONDUCT OF OTHER USERS OF THIS WEB SITE, EVEN IF PÚPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE. YOUR ONLY REMEDY AGAINST PÚPA FOR DISSATISFACTION WITH THE WEB SITE OR ANY CONTENT IS TO STOP USING THE SITE. HOWEVER, IF PÚPA IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEB SITE OR ANY CONTENT, PÚPA'S LIABILITY WILL NOT EXCEED US $100.00..
If any part of these terms of use is held illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed separable from the remaining parts of these terms of use and shall not affect or impair the validity of enforceability of the remaining provisions of these terms of use. If any part of these terms of use is found to be unreasonable by a court of competent jurisdiction, such term shall be limited to the extent considered reasonable and continue to remain valid and enforceable.
