Terms of Service
Conditions for products and services
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Terms of Service
The expressions used to simplify agreements:
This Terms of Service and Conditions of Use (“Terms”) is an agreement between Atmostfear Entertainment S.A.S. (“us”, “we”, “our” or “ours”) and you (“User”, “you”, “your” or “Data Subject”).
These terms set forth the general guidelines of your use of our Sites (collectively “Network”) and any of its Products, Subscriptions or Services (collectively “Services”), including all information, and tools available to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The references used to identify on agreements:
By visiting our network and purchasing something from us, you engage in our “Service”.
You agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein.
These Terms of Service apply to all users of our Network, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our Network. By accessing or using any part of the Network, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Network or use any Services.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current network shall also be subject to the Terms of Service.
Account creation, security, and termination:
You must be at least 13 (thirteen) years of age to use this Network and/or Sites(s).
By using this Network and/or Site(s) and by agreeing to this agreement, you warrant and represent that you are at least 13 (thirteen) years of age.
If you create an account on the Network, and/or Site(s), you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
Providing false contact information of any kind may result in the termination of your account.
You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
We 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.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this agreement or that your conduct or content would tend to damage our reputation and goodwill.
If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your e-mail address and Internet Protocol (IP) address to prevent further registration.
You may access areas of our Network and/or Site(s) that require registration by becoming a registered member and creating an account with us.
You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
By registering on our Network and/or Site(s), you agree that:
(i) your account and password are personal to you and may not be used by anyone else to access our Network and/or Site(s);
(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Network, and/or Site(s); and
(iii) you will not create registration accounts to abuse the functionality of or Network and/or Site(s), or other users; nor will you seek to pass yourself off as another user.
You agree to notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others.
If you no longer wish to have a registered account, you may terminate your account by using our contact form.
If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using our Network and/or Site(s).
Continued use of the Network and/or Site(s) indicates your continued acceptance of these Terms of Service and conditions of use.
If for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of the Network and/or Site(s) immediately and without prior notice.
We may terminate your registered account, at our sole discretion, by e-mailing you at the address you have registered stating that the agreement has terminated.
Content rights, usage, and conditions:
All submissions must be made via our online submission form.
Authors can upload manuscript files (text, figures, and videos) directly to our editorial office and check on the status of their manuscripts during the review process.
Also, reviewers can access the manuscript (in a highly secure fashion that maintains referee anonymity) over a direct internet link, which speeds up the review process.
Please consult our technical information on file formats and tips for using the system efficiently.
When submitting your manuscript, please note that there are restrictions on the types of files that you are able to upload. This will enable a faster production process.
Accepted article and figure types are as follows:
- For Article Text — txt, doc, docx, tex
- For Figures — eps, tif, and jpeg
If your submission does not include formulas, we strongly encourage you to submit your paper in txt, doc or docx rather than tex.
Submission to us is taken to imply that the submitted manuscript has not already been published elsewhere. If similar or related work has been published or submitted elsewhere, then the authors must provide a copy of the proposed article.
Authors may not submit elsewhere while the manuscript is under consideration by us.
The primary affiliation for each author should be the institution where the majority of their work was done. If an author has subsequently moved, the current address may also be stated.
We remain neutral concerning jurisdictional claims in published maps and institutional affiliations.
If the manuscript includes personal communications, please provide a written statement of permission from any person who is quoted. E-mail permission messages are acceptable.
The corresponding author is alerted when proof of the submission is ready. Contributors will be able to correct significant errors or inaccuracies in the title or author list, but we reserve the right to limit the scope of changes.
We reserve the right to reject a submission even after it has been accepted if it becomes apparent that there are severe predicaments with the content or with violations of our publishing policies.
For information relating to the submission of a competing financial interests statement, pre-publication publicity, deposition of data as a condition of publication, availability of data after publication, human and animal subjects, digital image integrity, biosecurity, corrections and retractions, duplicate publication, confidentiality and plagiarism, please visit our editorial and publishing policies.
Users of our Network and/or Site(s) may be permitted to submit content for publication in various areas.
Interactions with our Network and/or Site(s) are governed by our Community Standards and Participation Guidelines accessible online, which are incorporated in these terms and conditions.
You will be deemed to consent to these guidelines, and these terms of service and conditions of use, if you choose to publish any content or comments on the Network and/or Site(s).
When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Network and/or Site(s).
You or the owner of the content still own the copyright in the content sent to us. However, by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual, worldwide licence to use, publish and/or transmit, and to authorise third parties to use, publish and/or transmit your content in any format and on any platform, either now known or in the future invented.
You acknowledge and agree that when you post content on the Network and/or Site(s) or view content provided by others, you are doing so at your discretion and risk, including any reliance on the accuracy, completeness, of that content.
You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect our views, and we do not support or endorse any user content.
You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Network and/or Site(s).
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by authorised third parties or by us.
You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal.
You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
You also agree not to
(i) post content which is deliberately intended to upset or harm other users;
(ii) use the Network and/or Site(s) to publish or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals based on any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability;
(iii) publish or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Network and/or Site(s) or any computer software or hardware or telecommunications equipment;
(iv) upload or otherwise transmit any content, or take any other actions concerning your use of the Network and/or Site(s), that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or
(v) use the Network and/or Site(s) for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of the Network and/or Site(s) may involve
(i) transmissions over various networks; and
(ii) changes to the content to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Network and/or Site(s).
If you are under 16 (sixteen) years old, you confirm that you have the permission of your parents or custody guardian to submit content.
Any queries regarding copyright and your content should be directed in the first instance by using our contact formulary.
Content rights, usage, and conditions:
We do not own any data, information or material (“Content”) that you submit on the Network and/or Site(s) in the course of using the Service.
You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted content.
We may monitor Content on the Network and/or Site(s) submitted or created using our Services by you.
Unless expressly permitted by you, your use of the Network and/or Site(s) does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Nevertheless, you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for providing the Services to you.
Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Please be aware that there may be particular adult or mature content available on the Network and/or Site(s).
A warning will be shown to the User before adult content is displayed.
Where there is mature or adult content, individuals who are less than 18 (eighteen) years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content.
If we learn that anyone under the age of 18 (eighteen) years old seeks to conduct a transaction through the Services, we will require verified parental consent, under the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
Certain areas of the Network and/or Site(s) may not be available to children under 18 (eighteen) years old under any circumstances.
Ownership, copyright, and intellectual property:
Your use of the Network and/or Site(s) is for your own personal and non-commercial use only.
You acknowledge that, as between you and us, unless otherwise stated, user content and advertisements (as discussed below), we are the sole owner of all content on the Network and/or Site(s), including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights to it, as well as text, images, graphics, logos, audio, video and other material appearing on the Network and/or Site(s).
The Network and/or Site(s) Content is protected by the copyright laws and other intellectual property laws of Colombia and is protected globally by applicable international copyright treaties.
You may download and print extracts from the Network and/or Site(s) Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
You may not use any of the Network and/or Site(s) Content for any other purpose without our prior written approval. Except as expressly authorised by us, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Network and/or Site(s).
If you wish to use our content other than as permitted by these terms of service and conditions of use, please contact us using the proper formulary.
If you operate a news aggregation service that charges a subscription fee to its users, then you need to approach us directly to discuss your licensing requirements.
Authors, editors and reviewers responsibilities:
We expect all prospective authors to read and understand our Ethics Policy before submitting any manuscript to our Network and/or Site(s).
This policy details the responsibilities of all authors, editors and reviewers working with and for us as well as our ethical responsibilities.
This includes, but is not limited to, plagiarism, falsification of data, misuse of third party material, fabrication of results and fraudulent authorship.
Please note that submitted manuscripts may be subject to checks using the iThenticate service, in conjunction with CrossCheck, in order to detect instances of overlapping and similar text.
The iThenticate software checks submissions against millions of published research papers, documents on the web, and other relevant sources.
If plagiarism or misconduct is found, consequences are detailed in the policy.
Applications usage liability:
You may download individual mobile applications either from our Network and/or Site(s) or third party online application webstores or webshops.
All of these terms apply to the maximum extent relevant to your use of our mobile applications (and in particular, the terms of content submission apply where you are using an application to submit user content to the Network and/or Site(s)).
In addition to the limitations on our liability, we shall not be liable for any damage caused to or interference with any equipment or other applications or content of any description.
Service payment, and cancellation:
All fees and charges are accepted on the basis that they will be paid for at the prevailing rates set out, and where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required before the commencement of the free trial period).
If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically under the term you selected.
If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
All sums payable to us should be made following our Financial Terms and Conditions.
Unless a customer has applied for and been accepted as a credit account customer, we will provide services only on a pre-payment basis, with receipt of cleared funds before the booking is confirmed.
Customers wishing to apply for a credit account must complete a Credit Application Form which is available on request from your sales contact.
Until credit facilities are granted, customers will remain on pre-payment terms.
Our standard payment terms are cleared funds 28 (twenty-eight) days from date of invoice.
If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately before the due date.
As payment is due as cleared funds, under current banking arrangements, cheques should be despatched, and payment by bank transfer should be processed by the customer 3 (three) working days before the due date.
We reserve the right to change services and products pricing at any time.
We also reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to charge interest on late payment at 4% (four percent) above the bank base rate.
We may change its fees and charges at any time by publishing the modified rates here. Any changes to the rates will take effect immediately.
The cancellation period for a Service and/or Product varies according to the publication.
The Customer may cancel a Service provided that we receive notice in writing within the relevant cancellation period.
The minimum notice period for cancellation by the Customer is 30 (thirty) days unless agreed otherwise.
Please send notice of your intention to cancel to the person who made your booking.
Cancellation will only be valid on confirmation of receipt of your notification.
If the Customer is insolvent or bankrupt or is otherwise in breach of these Terms, we may treat the order as cancelled.
Waived obligation to update, amend or clarify information:
Occasionally there may be information on the Network and/or Site(s) that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Network and/or Site(s) or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Network and/or Site(s) including, without limitation, pricing information, except as required by law.
No specified update or refresh date applied on the Network and/or Site(s) should be taken to indicate that all information on the Network and/or Site(s) or on any related Service has been modified or updated.
To the extent permitted by law, we do not accept any responsibility for any statement in the Network and/or Site(s) Content.
Nothing in the Network and/or Site(s) Content is provided for any specific purpose or at the request of any particular person.
For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Network and/or Site(s) Content or any part of it.
You can access other websites via hyperlinks from the Network and/or Site(s). These sites are not under our control, and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning the Network and/or the Site(s) Content. In particular, we do not warrant that the Network and/or Site(s) or any of its contents is virus-free.
It would be best if you took precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to the Network and/or Site(s), we do not guarantee this.
We accept no responsibility or liability for any interruption or delay.
You acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, in no event will we or our affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, be liable to you or any other party for any direct or indirect loss, damage, cost, expense or liability of any kind (“loss”) arising in any way out of or in connection with the availability, use, reliance on, or inability to use the Network and/or Site(s), including (without limitation): damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data, loss of use of data, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or loss of anticipated savings or benefits;
(i) damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data, loss of use of data, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or concerning any other contract, or loss of anticipated savings or benefits; any indirect, special, exemplary, punitive, incidental or consequential loss; or
(ii) any indirect, special, exemplary, punitive, incidental or consequential loss; or
(iii) any loss attributable to errors, omissions, or other inaccuracies in the Network and/or Site(s). The exclusion of liability in this section applies even if we shall have been advised of the possibility of such loss.
Because some districts or jurisdictions do not allow the exclusion or limitation of liability for particular kinds of loss, in such districts or jurisdictions, our liability shall be limited to the extent permitted by Colombian law (thereby minimizing our liability to you to the lowest amount that applicable law permits).
To the fullest extent permitted by applicable Colombian law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable Colombian law, our aggregate liability and of our affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts paid in cash by you to us for the prior one month period before the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right from us.
In addition to the terms above, you agree not to use the Network and/or Site(s) to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by Colombia, any rules of any national or other securities exchange, and any rules, regulations, orders, directives and the like having the force of law).
Visitors to the Network and/or Site(s) agree that their use is at their own sole risk. The Network and/or Site(s) is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to:
(i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Network and/or Site(s); and
(ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. We also make no representations and warranties as to any hyperlinked websites, and we have no liability or responsibility concerning your use of such websites. In some instances, content made available on the Network and/or Site(s) may represent the opinions and judgments of providers or users, such as user content. We and our affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Network and/or Site(s) by anyone other than our authorised employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the Network and/or Site(s), including, without limitation, those damages or injuries occurring as a result of:
(i) any error, omission, deletion, or defect in the content available on the Network and/or Site(s); or
(ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. We do not warrant or guarantee that access to the Network and/or Site(s) will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You agree that your use of our Network and/or Site(s) or Services is solely at your own risk.
You agree that such Service is provided on an “as is” and “as available” basis.
We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained through the Service, or any transactions entered into through the Service.
No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
The Colombian Consumer Law may confer certain rights and remedies on you concerning the provision by us of goods and services under these terms and conditions.
Notwithstanding the disclaimers and limitations of liability do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Colombian Consumer Law or any other statute where to do so would:
(i) contravene the relevant statute; or
(ii) cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).
Except with Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on us are expressly excluded under these terms and conditions.
Concerning Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Colombian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), our liability to you for a failure to comply with any Non-Excludable Obligation is limited to:
(i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and
(ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
In addition to other terms as outlined in the agreement, you are prohibited from using the Network and/or Site(s) or the Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
All rights and restrictions contained in this agreement may be exercised and shall apply and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this agreement illegal, invalid or unenforceable.
If any provision or portion of any provision of this agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the parties intend that the remaining provisions or portions thereof shall constitute their agreement concerning the subject matter hereof.
All such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Bogotá, Colombia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Colombia.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Bogotá, Colombia, and you as a result of this submit to the personal jurisdiction of such courts.
You hereby waive any right to a jury trial in any proceeding arising out of or related to this agreement.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void.
We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
If you are a United States of America copyright owner or an agent of a United States of America copyright owner and believe that any user content or other content on the Network and/or Site(s) infringes upon your copyrights, you may submit a notification under Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including name an address, telephone number, and, if available, an e-mail address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
Our designated copyright agent to receive notifications of claimed infringement should be contracted through our DMCA form. Only DMCA notices should go to the designated copyright agent.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Although this Network and Site(s) may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless expressly stated herein.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites.
We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Network and/or Site(s).
Your linking to any other off-site websites is at your own risk.
During use of the Network and Site(s), you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Network and/or Site(s).
Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party.
We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
We offer a Service uptime guarantee of 99.9% of available time per month.
The service uptime guarantee does not apply to service interruptions caused by:
(1) periodic scheduled maintenance or repairs we may undertake from time to time;
(2) interruptions caused by you or your activities;
(3) outages that do not affect core Service functionality;
(4) causes beyond our control or that are not reasonably foreseeable; and
(5) outages related to the reliability of specific programming environments.
We perform regular backups of the Network and/or Site(s) and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.
Waived rights to third parties:
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or how they handle data (including your data) or any interaction between you and the provider of such other services.
You irrevocably waive any claim against us concerning such other services.
We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.
You may be required to register for or log into such other services on their respective websites.
By enabling any other services, you are expressly permitting us to disclose your data as necessary to facilitate the use or enablement of such other service.
You will see advertising material submitted by third parties on the Network and/or Site(s).
Each advertiser is solely responsible for the content of its advertising material.
We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you want to advertise on the Network and/or Site(s), please be aware that we provide an order formulary for online creatives placement, where you will be able to place an order and then, be contacted by the marketing staff.
A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
If we fail or delay in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
These Terms are the entire agreement between the Advertiser and us in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both the Advertiser and us.
These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click-through agreement).
To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
Subject to clause 41, these Terms (and any non-contractual obligations arising in connection with them) shall be governed by Colombian law and the courts of Colombia will have exclusive jurisdiction concerning these Terms (and any non-contractual obligations arising in connection with them).
These Terms (and any non-contractual obligations arising in connection with them) shall be governed by Colombian law, and the courts of Colombia will have exclusive jurisdiction concerning these Terms (and any non-contractual obligations arising in connection with them).
Governance, jurisdiction, and exclusivity:
These terms and conditions are governed by Colombian law, and the parties agree to submit to the exclusive jurisdiction of the Colombian courts.
You agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the Network and/or Site(s) resides in the courts of the Bogotá, Colombia.
You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Bogotá, Colombia, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree that any cause of action or claim that you may have with respect to your use of the Network and/or Site(s) must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
Defence, and indemnification:
You agree to indemnify and hold us and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Network and/or Site(s) or Services and/or Products or any willful misconduct on your part.
Keeping up to date with revisions:
Any new features or appliances which are added to the current Advertising service shall also be subject to this Terms.
You can review the most current version of our Terms at any time on this document.
We reserve the right to update, change or replace any part of these Terms by publishing updates and/or changes to our Network and Sites at any time in our sole discretion.
Any changes or modification will be effective immediately upon publishing of the revisions on the Network and Sites, and you waive any right you may have to receive specific notice of such changes or modifications.
It is your responsibility to review this Terms periodically for changes.
Your continued use of or access to our Network and Sites following publishing of any changes constitutes your acceptance of such changes.
This document was last updated on July 26th, 2020.