Terms & Conditions

1. BINDING CONTRACTUAL TERMS

By using the website sonoraplural.com (“Sonoraplural” or “We”), or any other website operated by Sonoraplural that contains a link to these terms of use (the “Website”), including all content available through the Website (the “Content”), or by accessing, downloading, or using any associated content provided by Sonoraplural (collectively the “Service”), you (“You”) signify that: (a) You have read and understood these Terms of Use (which include the Privacy Policy); and (b) these Terms of Use have the same force and effect as a signed agreement. The Service is provided by Sonoraplural.com

You affirm that You are either more than 18 years of age or the age of majority in your jurisdiction, whichever is greater, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with them. Additionally, You affirm that You have not been previously suspended or removed from the Service.

ATTENTION: PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE, CAREFULLY BEFORE ACCESSING, USING, OR DOWNLOADING THE SERVICE. ACCESSING, USING, OR DOWNLOADING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND PRIVACY POLICY, DO NOT USE THE SERVICE.

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and we are not obligated to support or update the Service. You agree that Mamiye will not be liable to You or any third party in the event that we exercise our right to modify or discontinue the Service (or any portion of the Service). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these Terms of Use.

We may change these Terms of Use at any time. Please review the Terms of Use each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

THESE TERMS OF USE REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SERVICE. YOU AGREE THAT ANY SUCH DISPUTE OR CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. PLEASE REVIEW SECTION 16 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE WEBSITE.

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, and a class action waiver in Sections 4, 6, 8, 10-12, and 16. Please carefully review those sections (as well as all the other terms).

2. Privacy policy and other governing documents

In addition to these Terms of Use and the Privacy Policy, your access to and use of the Service is subject to any other terms, policies, guidelines, or rules posted on the Service or otherwise communicated to You by Sonoraplural.

3. Links to and From the service

The Service may include links to third-party websites and online services (such as apps) that are not owned or controlled by Sonoraplural. Sonoraplural has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services. Your access and use of these websites or online services are solely at your own risk. These links are provided for your convenience and reference only, and do not imply any endorsement, sponsorship, or recommendation of the material on these third-party websites or online services, or any association with their operators. Additionally, Mamiye cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE Sonoraplural, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE Sonoraplural PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE, AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Therefore, we encourage you to be aware when you leave the Service and to read the terms and conditions of use, privacy policies, and other applicable governing documents for each other website or online service that you visit.

Unless you have obtained written agreement from Sonoraplural, you may link to the Website from your own website, subject to the following conditions: (1) You may not frame the Website or any portion of it; (2) You must not override or impede the functionality of an end-user’s web browser’s “back” function; (3) The link must be identified using plain text that renders the Sonoraplural name, without using any Mamiye logo or other logo owned by Sonoraplural; (4) You must not use any Sonoraplural logo in any manner; (5) You must not use the link in a way that implies Sonoraplural is associated with or endorses you or your website; (6) The link must not be displayed on any website that could reasonably be considered obscene, defamatory, harassing, offensive, or malicious, and must not be presented in any way that disparages Sonoraplural or damages its rights, reputation, or goodwill; and (7) We reserve the right to terminate your right to link to the Website at any time, for any reason or no reason.

4. Restrictions on Use of the Service

In using the Service, it is important that you adhere to the following guidelines:

  • Use the Service only for its intended purpose and the features provided by Sonoraplural.
  • Do not transmit or submit any false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic, or profane material. Additionally, refrain from sharing any confidential information or engaging in activities that may be considered criminal or unlawful.
  • If you are under the age of 13, do not use the Service.
  • Obtain prior written authorization from Sonoraplural before copying, downloading, distributing, altering, modifying, or creating derivative works from any part of the Service.
  • Provide accurate personal information and do not create an account for anyone other than yourself or your child with proper permission.
  • Do not share your password, grant access to your account to others, or engage in any actions that may compromise the security of your account.
  • You are not permitted to assign or transfer your account or login information to anyone.
  • Do not use web crawlers, robots, bots, or similar automated tools unless specifically allowed. Exceptions are made for general-purpose search engines and non-commercial public archives that adhere to the limitations set by Sonoraplural.
  • Refrain from using the Service in a manner that could damage, disable, overburden, or impair its functionality or interfere with others’ use of the Service.
  • Do not attempt to access content through unauthorized means.
  • Do not engage in gambling, gaming, lotteries, sweepstakes, or any other activities involving prizes without explicit permission.
  • Do not impersonate or misrepresent yourself or your affiliation with others.
  • Do not collect personally identifiable information of other users.
  • Do not harvest information about users for the purpose of sending unsolicited communications.
  • Do not remove, modify, disable, block, obscure, or impair any advertising on the Service.
  • Do not solicit other users to join online services or contribute money without authorization.
  • Do not post or transmit harmful files, code, or programs, including worms, viruses, Trojans, or other disruptive elements.
  • Do not stalk or harass any individual or entity.
  • Do not harm minors in any way.
  • Do not violate any applicable local, state, provincial, federal, national, or international laws or regulations.

Sonoraplural reserves the right to disable or terminate user accounts at its sole discretion, including those accounts that violate these Terms of Use. Sonoraplural will cooperate fully with law enforcement or court orders requesting the disclosure of information related to individuals who violate these Terms of Use.

5. USER SUBMISSIONS

Regarding user submissions, please note the following:

  • The Service may allow users to submit various forms of content, such as material, information, comments, feedback, messages, ideas, concepts, or other communications (referred to as “User Submissions”).
  • You understand and acknowledge that Sonoraplural provides no guarantee of confidentiality for any User Submissions, regardless of whether they are published or posted.
  • Sonoraplural is not obligated to provide compensation for any User Submissions, nor is it obligated to respond to or post them.
  • You are solely responsible for your own User Submissions and the consequences of sharing them.
  • By submitting User Submissions to Sonoraplural, you grant Sonoraplural, its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), and transferable license. This license allows Sonoraplural to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise exploit the User Submissions for the purposes of the Service and Sonoraplural’s business. This includes promoting and redistributing the Service, in whole or in part, in any form, media formats (current or future), and through any media channels.
  • You represent and warrant that you will not submit any material that infringes upon third-party proprietary rights, including copyrights, trade secrets, privacy rights, or publicity rights unless you are the rightful owner or have obtained permission from the owner to submit the material and grant Sonoraplural the license rights mentioned above. You also agree to be responsible for any royalties, fees, or other payments owed to third parties due to your submission of User Submissions.
  • Sonoraplural has no obligation to pre-screen User Submissions but reserves the right to pre-screen, refuse, or remove any User Submission at its sole discretion. This includes the removal of User Submissions that violate these Terms of Use or are deemed objectionable by Sonoraplural.
  • Sonoraplural does not endorse any User Submission, opinion, recommendation, or advice expressed therein. Sonoraplural expressly disclaims any and all liability associated with User Submissions.

It’s important to review and understand these terms and conditions before submitting any User Submissions to Sonoraplural.

6. INTELLECTUAL PROPERTY

  • All content, including graphics, videos, text, software, photographs, scripts, design elements, artwork, templates, layout designs, interactive features, underlying concepts, and statistical or analytical data captured by or through the Service (referred to as “Content”), along with the trademarks, service marks, and logos contained therein (referred to as “Marks”), are owned by or licensed to Sonoraplural.
  • These materials are protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. Sonoraplural owns the copyright in the selection, coordination, arrangement, and enhancement of the Content.
  • Unauthorized use of any materials on the Service may violate copyright, trademark, and other laws.
  • You are allowed to view, copy, and print pages from the Service for your personal, non-commercial use.
  • Any other use of the Service, including copying, downloading, modifying, reproducing, distributing, publishing, performing, streaming, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting the Service or its Content, requires prior written consent from the respective owners.
  • Sonoraplural reserves all rights not expressly granted in and to the Service and the Content. Access, use, copying, downloading, or distribution of the Content should not occur without express permission.
  • The Content may not be incorporated into or transmitted via any hardware or software application without written permission from Sonoraplural. Creating an index of a significant portion of the Content or building a business using the Content is also prohibited without written authorization.
  • If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices.
  • You agree not to circumvent, disable, or interfere with security features of the Service or features that restrict use or copying of any Content. You are also prohibited from scraping or using extraction methods to obtain Content or data from the Service.

It is important to respect these intellectual property rights and to obtain appropriate permissions before using or reproducing any materials from the Service.

7. Advertisements/release

  • Sonoraplural takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service.
  • Sonoraplural also does not take responsibility for the products or services provided by other service providers, including Advertisers, who have profiles or other content on the Service.
  • Any dealings or interactions you have with Advertisers while using the Service are solely between you and the Advertiser. Sonoraplural is not liable for any loss or claim arising from such dealings.
  • By using the Service, you agree to release the Sonoraplural Parties from any and all claims, demands, and damages, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your access to or use of the Service and your transactions with Advertisers or other third parties.
  • You bear all the risk associated with your interactions and transactions with Advertisers or other third parties.
  • You waive any rights and benefits conferred by any statutory or non-statutory law that would limit the scope of the release or waiver.
  • You specifically waive and relinquish any rights and benefits under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the fullest extent allowed by law.

8. WARRANTIES

You warrant and represent to Sonoraplural as set out below:

  • You warrant that all information provided to Sonoraplural, including personal details, contact details, and other data, is true, up-to-date, and not misleading in any way.
  • You agree to keep the information provided to Sonoraplural up to date.
  • You will not access the Service using false identity or pretext, and you will not use the Service to falsify your own identity or the identity of any other person.
  • You will comply with all applicable laws and regulations when using the Service.
  • You will ensure the security of your login details and password and will not share this information with third parties.

By providing these warranties, you acknowledge and agree to the importance of providing accurate information, complying with legal requirements, and safeguarding your login information for the security of your account.

9. DISCLAIMER OF WARRANTIES

You acknowledge and agree to the following disclaimers of warranties regarding your use of the Service:

  • The Service is provided to you on an “as is” basis, and the Sonoraplural Parties do not provide any warranty or make any representation regarding the Service or the Content.
  • The Sonoraplural Parties expressly disclaim, to the fullest extent permitted by law, any representation or warranty, whether express, implied, statutory, or otherwise, relating to the Service or the Content. This includes, but is not limited to, warranties of availability, non-disruption, security, accuracy, use of reasonable care and skill, quality, merchantability, title or entitlement, fitness for a particular purpose, ability to achieve a particular result or functionality, and non-infringement.
  • The Sonoraplural Parties do not represent or warrant that the information on the Service is accurate, complete, or current. They also do not guarantee that the Service will operate without interruption or error, or that the quality, safety, or legality of any content, products, services, information, or other material obtained through the Service will meet your expectations.
  • The Sonoraplural Parties assume no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, unauthorized access to or use of servers and personal information, interruption or cessation of transmission, bugs, viruses, destructive computer codes, or loss or damage of any kind incurred as a result of accessing or using the Service.
  • Your access to and use of the Service may violate local, state, or federal laws, and the Sonoraplural Parties do not guarantee compliance with such laws.

By using the Service, you acknowledge that the Sonoraplural Parties do not provide any warranties or guarantees regarding the Service or the Content and that you assume all risks associated with your use of the Service.

10. INDEMNITY

By agreeing to these Terms of Use, you agree to indemnify, defend, and hold harmless the Sonoraplural Parties from and against any claim, loss, obligation, demand, damage, cost, liability, expenses, and attorney’s fees arising from:

  1. Your use of, access to, or misuse of the Service.
  2. Your breach of any of these Terms of Use.
  3. Your violation of any third-party right, including intellectual property, property, or privacy rights.
  4. Any activity using your email address and password by you or any other person accessing the Service using your account or email address.

If the Sonoraplural Parties take any legal action against you as a result of your violation of these Terms of Use, you agree to pay all reasonable attorneys’ fees and costs incurred by the Sonoraplural Parties in addition to any other relief granted to them.

In summary, you are responsible for any claims or damages incurred by the Sonoraplural Parties due to your actions, use of the Service, or violations of these Terms of Use, and you agree to cover all associated costs and attorney’s fees.

11. LIMITATIONS ON LIABILITY

  • The Sonoraplural Parties are not liable for any indirect, incidental, exemplary, special, punitive, or consequential damages, or lost profits, resulting from the Service or third-party products or services, even if they have been advised of the possibility of such damages.
  • The Sonoraplural Parties have no liability for any damage, liability, or loss that you may incur, including personal injury, property damage, unauthorized access to their servers, interruption or cessation of transmission, bugs, viruses, errors in content, or loss or damage of any kind resulting from your access to or use of the Service.
  • The Sonoraplural Parties are not liable for any damage, liability, or loss resulting from your breach of warranties or other obligations under the Terms of Use, including the obligation to keep your login details and password secure or from sharing them with others.
  • The maximum aggregate liability of the Sonoraplural Parties for any single event or series of related events giving rise to a claim will be limited to the greater of $50 USD or the total amount received by Sonoraplural from you in connection with the transactions that are the subject of the claim within the preceding six-month period.
  • By accessing the Service, you acknowledge that you may be waiving rights with respect to unknown or unsuspected claims and waive the benefits of Section 1542 of the Civil Code of California or any similar law that provides protection against unknown claims.
  • Any claims relating to the use of the Service must be brought within one year from the date the cause of action arose. Claims brought after this period are void.
  • The Service is controlled and offered by Sonoraplural from the United States, and users are responsible for compliance with local laws and regulations.
  • Sonoraplural does not guarantee the accuracy, completeness, or error-free nature of item descriptions, prices, or any other related information. The price of an item is not confirmed until final confirmation is issued by Sonoraplural, and they reserve the right to contact you for instructions or cancel your order if the correct price is higher than the stated price.

12. EQUITABLE RELIEF

If you violate these Terms of Use, we reserve the right to pursue injunctive relief or other equitable remedies, in addition to any other available remedies under applicable law or these Terms of Use.

13. Subpoena fees

If Sonoraplural is required to provide information in response to a subpoena related to your account, we reserve the right to charge you for the costs incurred. These fees may include expenses for attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

14. ASSIGNMENT

You may only transfer or assign the Terms of Use, as well as any rights and licenses granted under them, with the prior written consent of Sonoraplural. However, Sonoraplural reserves the right to transfer or assign the Terms of Use without any restrictions and without providing notice to you.

15. Governing law

These Terms of Use, including the validity, applicability, or interpretation of them, are governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of New York. This applies regardless of any conflict of laws principles. It is important to note that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

16. EXPORT CONTROL

The software used in connection with the Service and the transmission of any relevant technical data may be subject to export controls and regulations. You agree to comply with all applicable laws and regulations concerning the export of software and technical data from the United States and the country in which you reside. It is your responsibility to ensure compliance with these laws and regulations.

17. GENERAL

These Terms of Use represent the entire agreement between the parties and supersede any other prior agreements, statements, or arrangements relating to the subject matter discussed herein. If any provision of these Terms of Use is deemed invalid, void, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best reflects the original intent of these Terms of Use. The remaining provisions shall remain in full force and effect.

Both parties acknowledge that they have entered into these Terms of Use without relying on any representations or statements other than those expressly stated herein. These Terms of Use do not confer any rights, remedies, obligations, or liabilities on any third party, except for Sonoraplural, You, and their respective successors and permitted assigns. Any modification, alteration, or waiver of these Terms of Use must be made in writing and signed by both parties. The failure of Sonoraplural to enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

You agree that the Service is deemed to be based solely in New York, United States of America, and that it does not establish personal jurisdiction over the Sonoraplural Parties in any jurisdiction other than New York.

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