Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access any of the Websites or use any services. If these terms and conditions are considered an offer by 1Hora, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your 1hora.org Account. If you create a group on the Website, you are responsible for maintaining the security of your account and group, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the group. You must not describe or assign keywords to your group in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and 1Hora may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause 1Hora liability. You must immediately notify 1Hora of any unauthorized uses of your company, your account or any other breaches of security. 1Hora will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a group, comment on a group, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your group is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your group is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your group's URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by 1Hora or otherwise.
By submitting Content to 1Hora for inclusion on your Website, you grant 1Hora a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your group. If you delete Content, 1Hora will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, 1Hora has the right (though not the obligation) to, in 1Hora's sole discretion (i) refuse or remove any content that, in 1Hora's reasonable opinion, violates any 1Hora policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in 1Hora's sole discretion. 1Hora will have no obligation to provide a refund of any amounts previously paid.
1 . Responsibility of Website Visitors. 1Hora has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, 1Hora does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 1Hora disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted
2 . Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 1hora.org links, and that link to 1hora.org. 1Hora does not have any control over those non-1Hora websites and webpages, and is not responsible for their contents or their use. By linking to a non-1Hora website or webpage, 1Hora does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 1Hora disclaims any responsibility for any harm resulting from your use of non-1Hora websites and webpages
3 . Copyright Infringement and DMCA Policy. As 1Hora asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 1hora.org violates your copyright, you are encouraged to notify 1Hora in accordance with The Digital Millenium Copyright Act of 1998 ("DMCA"). 1Hora will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of 1Hora or others, 1Hora may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, 1Hora will have no obligation to provide a refund of any amounts previously paid to 1Hora
4 . Intellectual Property. This Agreement does not transfer from 1Hora to you any 1Hora or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 1Hora, 1hora.org, the 1Hora logo, and all other trademarks, service marks, graphics and logos used in connection with 1hora.org, or the Website are trademarks or registered trademarks of 1Hora or 1Hora's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 1Hora or third-party trademarks.
5 . Changes. 1Hora reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. 1Hora may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6 . Termination. 1Hora may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 1hora.org account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Paid Services account, such account can only be terminated by 1Hora if you materially breach this Agreement and fail to cure such breach within thirty (30) days from 1Hora's notice to you thereof; provided that, 1Hora can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7 . Disclaimer of Warranties. The Website is provided "as is". 1Hora and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 1Hora nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
8 . Limitation of Liability. In no event will 1Hora, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 1Hora under this agreement during the twelve (12) month period prior to the cause of action. 1Hora shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10 . Indemnification. You agree to indemnify and hold harmless 1Hora, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
11 . Payment, Refunds, Upgrading and Downgrading. All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number. An upgrade from the free plan to any paying plan will immediately bill you. The Website's service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. 1Hora does not accept any liability for such loss.
12 . Modifications to the Website's service and prices. 1Hora reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Website's service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the 1Hora Site (1hora.org), elweb blog (elweb.co) or the Website itself. 1Hora shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Website's service.
13 . Miscellaneous. This Agreement constitutes the entire agreement between 1Hora and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 1Hora, or by the posting by 1Hora of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Commonwealth of Puerto Rico, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Juan, Puerto Rico. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Juan, Puerto Rico, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 1Hora may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Modified from the WordPress.com Terms of Service
Last updated: Monday, February 26, 2014
Your privacy is critically important to us. At 1Hora we have a few fundamental principles:
We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
We don’t store personal information on our servers unless required for the on-going operation of one of our services.
In our products, we aim to make it as simple as possible for you to control what’s visible to the public, seen by search engines, kept private, and permanently deleted.
If you have questions about deleting or correcting your personal data please contact us at [email protected].
Like most website operators, 1Hora collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. 1Hora's purpose in collecting non-personally identifying information is to better understand how 1Hora’s visitors use its website. From time to time, 1Hora may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
1Hora also collects potentially personally-identifying information like Internet Protocol (IP) addresses for users. 1Hora only discloses user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Certain visitors to 1Hora’s websites choose to interact with 1Hora in ways that require 1Hora to gather personally-identifying information. The amount and type of information that 1Hora gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at 1hora.org to provide an email, password and phone number. Those who engage in transactions with 1Hora – by purchasing access to the paid service, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, 1Hora collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with 1Hora. 1Hora does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
1Hora may collect statistics about the behavior of visitors to its websites. For instance, 1Hora may monitor the amount of commits a typical repository has on minusm.com. 1Hora may display this information publicly or provide it to others. However, 1Hora does not disclose personally-identifying information other than as described below.
1Hora discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on 1Hora’s behalf or to provide services available at 1Hora’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using 1Hora’s websites, you consent to the transfer of such information to them. 1Hora will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, 1Hora discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when 1Hora believes in good faith that disclosure is reasonably necessary to protect the property or rights of 1Hora, third parties or the public at large. If you are a registered user of a 1Hora website and have supplied your email address, 1Hora may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with 1Hora and our products. We primarily use our blog and twitter accounts to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. 1Hora takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If 1Hora, or substantially all of its assets, were acquired, or in the unlikely event that 1Hora goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of 1Hora may continue to use your personal information as set forth in this policy.
Last updated: Monday, February 26, 2014