Welcome to PORFERRY®, a website owned and operated by TiX.By, LLC d/b/a PORFERRY® ("PORFERRY®", "we", "us", or "our"). PORFERRY® provides a service that allows users ("you" or "your") to access links to alternative ticketing websites for ferry services in Puerto Rico. These terms and conditions ("Terms") govern your use of PORFERRY® and the links we provide. Please read them carefully before using PORFERRY®.
By using PORFERRY®, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms or our Privacy Policy, you must not use PORFERRY®. We may change or update these Terms at any time without prior notice, and your continued use of PORFERRY® after such changes or updates constitutes your acceptance of the revised Terms. You should check these Terms periodically for any changes or updates. PORFERRY® is not a ticket seller, broker, agent, or provider. PORFERRY® does not sell, resell, or facilitate the sale of any tickets for ferry services or any other products or services. PORFERRY® merely provides links to third-party ticketing websites that offer such products or services. When you click on a link provided by PORFERRY®, you will leave PORFERRY® and enter the third-party website. PORFERRY® has no control over, and assumes no responsibility or liability for, the content, accuracy, availability, privacy, security, or practices of any third-party website. You should review the terms and conditions, privacy policy, and other policies of any third-party website before using it or purchasing any products or services from it.
Your use of any third-party website and any transactions you make with it are solely at your own risk and discretion. PORFERRY® does not endorse, recommend, or guarantee the quality, availability, price, or reliability of any products or services offered by any third-party website. PORFERRY® does not verify, monitor, or review the information, content, or advertisements provided by any third-party website. PORFERRY® does not warrant or represent that any products or services offered by any third-party website will meet your expectations, requirements, or needs. PORFERRY® is not a party to, and has no involvement or interest in, any transactions, communications, disputes, or issues that may arise between you and any third-party website or any other users, sellers, buyers, or providers of any products or services. You agree to release, indemnify, and hold harmless PORFERRY® and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of any third-party website or any products or services purchased or obtained from it.
> PORFERRY® grants you a limited, non-exclusive, non-transferable, revocable license to access and use PORFERRY® for your personal, non-commercial use, subject to these Terms and any applicable laws and regulations. You may not use PORFERRY® for any unlawful, fraudulent, or harmful purpose, or in any way that violates the rights or interests of PORFERRY® or any third party. You may not copy, modify, distribute, reproduce, transmit, display, perform, publish, license, create derivative works from, or sell any content, information, or materials obtained from PORFERRY®, except as expressly permitted by these Terms or with our prior written consent. You may not use any automated means, such as robots, spiders, scrapers, or crawlers, to access, collect, or monitor any data or content from PORFERRY®, or to interfere with or disrupt the operation or security of PORFERRY®. You may not use any device, software, or technique to manipulate, alter, or conceal your identity, location, or IP address when using PORFERRY®. You may not attempt to gain unauthorized access to any part of PORFERRY® or any systems or networks connected to it, or to circumvent, disable, or breach any security or authentication measures on PORFERRY®. You may not transmit or introduce any viruses, worms, trojans, or other malicious or harmful code or content to PORFERRY® or any third-party website. You may not use PORFERRY® in any manner that may damage, impair, or overburden PORFERRY® or any third-party website, or that may interfere with the rights or enjoyment of any other user of PORFERRY® or any third-party website.
> PORFERRY® respects the intellectual property rights of others and expects you to do the same. PORFERRY® and its licensors own all rights, title, and interest in and to PORFERRY® and its content, features, and functionality, including but not limited to all trademarks, logos, trade names, service marks, domain names, and other distinctive brand features of PORFERRY® and its licensors (collectively, the "PORFERRY® Marks"). Nothing in these Terms or your use of PORFERRY® grants you any right, title, or interest in or to any PORFERRY® Marks, except as expressly authorized by these Terms or with our prior written consent. You may not use any PORFERRY® Marks in any manner that may confuse, mislead, or deceive the public, or that may imply any affiliation, sponsorship, endorsement, or approval by PORFERRY® or its licensors, without our prior written consent. You may not use any PORFERRY® Marks in any way that may infringe, dilute, or disparage the rights or reputation of PORFERRY® or its licensors.
If you believe that any content or material on PORFERRY® or any third-party website infringes your copyright or other intellectual property rights, please notify us in accordance with the Digital Millennium Copyright Act ("DMCA") or any other applicable law. Our designated agent for receiving notices of alleged infringement is:
PORFERRY® Attn: [email protected] Please provide the following information in your notice:
We will respond to any notices of alleged infringement that comply with the above requirements in accordance with the DMCA or any other applicable law. We reserve the right to remove or disable access to any content or material that we believe in good faith to be infringing, without prior notice and at our sole discretion. We also reserve the right to terminate or suspend the access or use of any user who we believe to be a repeat infringer, without prior notice and at our sole discretion.
These Terms and your use of PORFERRY® are governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of PORFERRY® will be brought exclusively in the state or federal courts located in San Juan, Puerto Rico, and you consent to the personal jurisdiction and venue of such courts. You waive any objection to the jurisdiction or venue of such courts, or to the inconvenience or hardship of litigating in such courts. You agree that any claim or cause of action arising out of or relating to these Terms or your use of PORFERRY® must be filed within one (1) year after such claim or cause of action arose, or else it will be forever barred.
These Terms constitute the entire agreement between you and PORFERRY® regarding your use of PORFERRY® and the links we provide, and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and PORFERRY®. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to make it enforceable, or if not possible, severed from these Terms, and the remaining provisions will remain in full force and effect. No waiver of any provision of these Terms or any breach thereof will be effective unless in writing and signed by PORFERRY®, and no such waiver will constitute a waiver of any other provision or breach. You may not assign or transfer these Terms or any of your rights or obligations under these Terms, without our prior written consent. We may assign or transfer these Terms or any of our rights or obligations under these Terms, without your consent and without notice to you. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and PORFERRY®, or confers any rights or benefits to any third party, except as expressly provided herein.
If you have any questions, comments, or feedback about these Terms or PORFERRY®, please contact us at: [email protected]