उपयोग की शर्तें
अंतिम अपडेट: 3 दिसंबर, 2024
सामान्य शर्तें.
1. डेवलपर के साथ आपका संबंध.
उपयोग के ये नियम और शर्तें (इसके बाद "नियम") निम्नलिखित पर लागू होती हैं एप्लिकेशन के सभी उपयोगकर्ता (इसके बाद " आवेदन पत्र")।
सेवा की ये शर्तें (ये "शर्तें"), जिन्हें समय-समय पर संशोधित किया जा सकता है समय, रिश्ते को नियंत्रित करें और आपके और आपके बीच एक अनुबंध के रूप में कार्य करें डैनियल मार्टिनेज मुनोज़ (इसके बाद "डेवलपर" या "हम" या " कंपनी") और उन नियमों और शर्तों को स्थापित करें जिनके तहत आप प्लेटफ़ॉर्म (इसके बाद "प्लेटफ़ॉर्म") तक पहुँच और उसका उपयोग करना, जिसमें शामिल है मोबाइल एप्लिकेशन और सेवाएं, वेबसाइट, उत्पाद और/या सामग्री (सामूहिक रूप से "सेवाएँ")। हमारी सेवाएँ आम तौर पर प्रदान की जाती हैं निजी, गैर-वाणिज्यिक उपयोग। इन शर्तों के प्रयोजनों के लिए, "आप" और "आपका" का तात्पर्य सेवाओं के उपयोगकर्ता के रूप में आपसे है।
इस प्लेटफॉर्म में एंड्रॉयड के लिए मोबाइल एप्लीकेशन शामिल हैं और iOS ऑपरेटिंग सिस्टम (इसके बाद "एप्लिकेशन"), आधिकारिक वेबसाइट (इसके बाद "वेबसाइट"), साथ ही सेवाएं अन्य रूपों में जो अभी मौजूद हैं या भविष्य में बनाए जाएंगे। प्लेटफ़ॉर्म का संस्करण निम्नलिखित कारकों के आधार पर भिन्न हो सकता है: वह अधिकार क्षेत्र जहाँ से आप प्लेटफ़ॉर्म और डिवाइस तक पहुँच रहे हैं उपयोग कर रहे हैं। सेवाएँ, पूरी तरह से या आंशिक रूप से, सभी में उपलब्ध नहीं हो सकती हैं अधिकार क्षेत्र, सभी डिवाइसों के लिए, या सभी भाषाओं में। आपको प्राप्त करना होगा, शर्तों के तहत उपयुक्त संस्करण डाउनलोड और इंस्टॉल करें आपके अधिकार क्षेत्र में डिवाइस।
आप प्लेटफ़ॉर्म तक पहुँच सकते हैं और डाउनलोड करके सेवाएँ प्राप्त कर सकते हैं डेवलपर द्वारा अधिकृत तृतीय-पक्ष प्लेटफ़ॉर्म, या एक्सेस करके एप्लिकेशन की आधिकारिक वेबसाइटें। एप्लिकेशन के अनौपचारिक संस्करण अन्य प्लेटफार्मों या वेबसाइटों के माध्यम से प्राप्त की गई जानकारी अधिकृत नहीं है डेवलपर, और यह उनकी सामग्री के लिए जिम्मेदार नहीं है। यदि आपको कोई नुकसान होता है उन संस्करणों के साथ नुकसान, हम आपके नुकसान के लिए जिम्मेदार नहीं होंगे, जिसका खर्च पूर्णतः आपके द्वारा वहन किया जाएगा।
ये शर्तें आपके और हमारे बीच एक कानूनी रूप से बाध्यकारी अनुबंध का गठन करती हैं। कृपया इन्हें ध्यानपूर्वक पढ़ें।
2. शर्तों की स्वीकृति
हमारी सेवाओं तक पहुँचने या उनका उपयोग करके, आप पुष्टि करते हैं कि आप एक समझौते पर पहुँच सकते हैं कंपनी के साथ बाध्यकारी अनुबंध, कि आप इन शर्तों को स्वीकार करते हैं (सहित कोई भी अतिरिक्त शर्तें संलग्न हैं), और आप इनका पालन करने के लिए सहमत हैं हमारी सेवाओं तक आपकी पहुँच और उनका उपयोग भी हमारे अधीन है गोपनीयता नीति और हमारे सामुदायिक दिशानिर्देश (यदि लागू हो), खंड जिसे सीधे प्लेटफ़ॉर्म पर देखा जा सकता है या, यदि प्लेटफ़ॉर्म है डाउनलोड के लिए और/या आपके मोबाइल के एप्लीकेशन स्टोर में उपलब्ध है डिवाइस, और इन शर्तों को संदर्भ द्वारा इसमें शामिल किया गया है। आप आपके संबंध में अतिरिक्त नियम और नीतियां भी लागू हो सकती हैं प्लेटफ़ॉर्म की कुछ नई सुविधाओं तक पहुँच या उनका उपयोग, कुछ सेवाएँ और/या वाणिज्यिक उद्देश्यों के लिए आपकी कुछ निश्चित सामग्री तक पहुँच या उसका उपयोग purposes (if permitted). Such additional terms and policies will become part of these Terms. The Services are only directed to persons 13 years of age or older. In addition, if you are under the age of 18 or under the age of majority in the jurisdiction in which you reside, you may only access and use the Services with the consent of your parent or legal guardian. . Please make sure that your parent or legal guardian has reviewed and discussed these Terms with you.
If you access or use the Services on behalf of a business or entity, (a) "you" and "your" include you and that business or entity; (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms, and that you accept these Terms on behalf of the business or entity; and (c) your company or entity is legally and financially responsible for your access to and use of the Services, as well as for the access and use of your account by others, whether or not they are associated with your company. or entity, including its employees, agents, or contractors. You may accept these Terms by accessing or using our Services. You understand and agree that we will treat your access to or use of the Services as acceptance of these Terms from then on. You should print or save a copy of these Terms for your records.
3. Additional conditions
If you are accessing or using the Services from a jurisdiction for which there are separate additional terms, you also hereby agree to the additional terms applicable to users in each jurisdiction as described in the "Additional Terms - Specific to Each Jurisdiction" section. jurisdiction” below. In the event of a conflict between the provisions of the Additional Terms: Jurisdiction Specific that are relevant to the jurisdiction from which you access or use the Services and the rest of these Terms, the Additional Terms: Jurisdiction Specific that are applicable to your jurisdiction shall control with respect to your use of the Services from such jurisdiction.
4. Changes to these Conditions
We may modify or update these Terms from time to time to reflect changes in applicable laws, regulations, standards, industry codes or other instruments of a similar nature; or to reflect changes, updates, or new features to the Platform and/or Services. We will use commercially reasonable efforts to notify you of all material changes to these Terms through a notice on the Platform or by other means. You should review these Terms each time you visit the Platform to stay informed of our practices. The “Last Updated” date at the top of these Terms reflects the effective date of such changes to the Terms. Your continued access to or use of the Platform and/or Services after the date of update constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop accessing the Platform and the Services and stop using them. As used in these Terms, “applicable laws” means all applicable laws, regulations, rules, statutes, codes, ordinances, orders, writings, decrees, or other requirements promulgated by a competent authority, in its version in force in each moment.
5. Your access to and use of our Services
Your access to and use of the Services are subject to these Terms and all applicable laws and regulations. You agree to use the Services only for the purposes expressly permitted under these Terms.
You may not do the following:
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We reserve the right, at any time and without notice, to remove or disable access to content at our discretion for any or no reason. Some of the reasons we may remove or disable access to content include determining that the content is objectionable, violates these Terms or our Community Policy, or is otherwise harmful to the Services or our users. If you violate these Terms or applicable laws, we may suspend or terminate your access to the Services at any time with or without notice. You acknowledge that violation of these Terms or applicable laws may give rise to civil, criminal or other liabilities.
6. Service Plans, renewal, cancellation and refund
Service Plans Some of the Services are provided to you free of charge ("Free Services"); while other Services require payment before you can use them, including, without limitation, the application's ad-free subscription Service ("Premium Services" or, together with Free Services, "Service Plans").
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For more information about the Premium Services that we will provide to you, please refer to the detailed descriptions of these services on the purchase page of the respective Premium Services of the Platform. Except as otherwise provided by applicable laws in your jurisdiction, we reserve the right to modify our Service Plans, which may include adjusting the features or services available or adjusting the prices of Premium Services in any way and at any time we may. determine, in our sole discretion, that it will not unreasonably affect the Services and rights you have purchased and acquired in accordance with the Terms before those changes take effect.
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You can find information about the prices of the Premium Services either on the purchase page of our Premium Services or on the description page of the Platform, in the Apple App Store and/or in the Google Play Store (as applicable). All subscriptions in the Application version will be paid through your Apple ID and/or Google account and such payments will be processed in accordance with the terms and conditions of the Apple App Store and/or Google Play.
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7. Intellectual property rights
The Services are protected by applicable copyright, patent, trademark and other intellectual property rights laws. All intellectual property rights in and to the Services are owned by us or third party licensors to the fullest extent permitted by applicable law. Except as expressly provided in these Terms, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent. We respect intellectual property rights and require you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe intellectual property rights or to access or use the Services or any content on the Services for any unauthorized or commercial purpose. We reserve the right, with or without notice, at any time and in our sole discretion to block access to the Services or to suspend or terminate the account of any user who infringes or is suspected of infringing intellectual property rights. or other property rights.
8.Content
Application content By virtue of the relationship between you and the application, all content, software, images, text, graphics, illustrations, logos, stickers, filters, animations, effects, templates, patents, trademarks, service marks, copyrights, photographs , audio, video, music, and "look and feel" of the Services, and all intellectual property rights associated therewith (the "Application Content"), is either owned by the developer or licensed to the developer . Use of the Application Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. The Application Content may not be downloaded, copied, reproduced, distributed, transmitted, retransmitted, displayed, sold, licensed or otherwise exploited for any purpose without our prior written consent or that of our licensors. We and our licensors reserve all rights not expressly granted in your content.
Solely in accordance with these Terms, you are hereby granted a non- exclusive, limited, non-transferable, revocable and non-sublicensable license to access and use the Services, including to download the Platform on a Permitted Device, and to access the Application Content solely for your personal, non-commercial use through the use of the Services and solely in compliance with these Terms. The developer reserves all rights not expressly granted herein in the Services and the Application Content. You acknowledge and agree that the developer may terminate this license at any time for cause or no reason.
You acknowledge and agree that when you view content provided by others on the Services, you do so at your own risk. The content on our Services is provided for general information purposes only. It is not intended to be considered advice that one should rely on. You should obtain professional or specialized advice before taking, or refraining from taking, any action based on the content contained in the Services. We make no representation, warranty or condition, express or implied, that the Application Content is correct, complete, or up-to-date.
User Generated Content Users of the Services may have permission to upload, post, transmit, or make available content through the Services, including, without limitation, any text and/or photographs uploaded to, or otherwise available through, the Services. ("User Content"). The information and materials in the User Content, including User Content that contains Platform Elements, have not been reviewed, verified, endorsed or approved by us. The opinions expressed by any user, in or through the User Content do not represent our opinions or values. We do not guarantee the accuracy, completeness, adequacy or quality of any User Content, and we will not be liable under any circumstances or in any respect for any User Content.
You may be able to access or use a feature of the Services that allows you to upload or transmit User Content to a third-party platform or share User Content with other users. If you use such a feature, you must comply with such third party platform's content guidelines, as well as the requirements set forth in Article 5 (Your access to and use of our Services) above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your access to certain features of the Services. You warrant that you will comply with such requirements, and that you will be liable to us and indemnify us for any violation.
All User Content will be considered non-confidential. You shall not upload or make available any User Content on or through the Services or make available to us any User Content that you consider to be confidential or proprietary to another person. If you upload or make available User Content through the Services, you agree, represent and warrant that you are the owner of such User Content or that you have received all necessary permissions (including any necessary licences), authorizations from the owner of any content to submit such User Content to the Services and/or to otherwise use such User Content on or through the Services.
You must own your User Content or have obtained all necessary rights, licenses, and releases to any and all items of your User Content.
Except as otherwise expressly provided in these Terms, you or the owner of your User Content remain the owner of the copyright and other intellectual property rights in the User Content you submit to us, but by submitting User Content User through the Services, you hereby grant us and our affiliates, agents, service providers, partners and other related third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including by sublicense), perpetual and worldwide to use, modify, adapt, reproduce, make derivative works of, display, publish, transmit, distribute and/or store your User Content to provide the Services to you.
In addition, you grant us and our affiliates, agents, service providers, partners, and other related third parties a royalty-free, fully transferable (including by sublicense), worldwide license to use your username, likeness, and likeness to identify you as the source of your User Content, including use in sponsored content.
We, or authorized third parties, reserve the right to cut, crop, edit or deny uploading of your content at our sole discretion. In addition, we have the right – but not the obligation – in our sole discretion to remove, reject, block, or delete any User Content (i) that we believe violates these Terms (including, among other things, the content requirements set forth in the previous article 6); or (ii) in response to complaints from other users or third parties, with or without prior notice and without any liability to you. Accordingly, you should keep copies of all User Content that you upload or make available on the Services on your personal device(s) in case you want to ensure that you have permanent access to copies of such User Content. User.
We accept no responsibility for any content or information submitted or provided by users of the Services and made available on the Services or posted elsewhere by users and/or third parties. You acknowledge that we are under no obligation to pre-screen, monitor, review or edit any content provided by you and other users on the Services (including User Content).
Complaints. You acknowledge and agree that in certain circumstances, we have the right to disclose your identity to any third party who alleges that User Content posted by you on our Services or uploaded by you to our Services constitutes a violation of their intellectual property rights or of your right to privacy. If you wish to complain about information and materials (including User Content) posted by other users, or if there is any other issue you wish to raise with us, please contact us at [email protected].
We will take all commercially reasonable steps to promptly remove from our Services any material that we become aware of infringing your rights. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe the copyrights or intellectual property rights of others.
reactions. While our own staff continually work to develop and test our own product and feature ideas, we pride ourselves on paying close attention to the interests, reactions, comments, and suggestions we receive from the user community. If you choose to contribute by submitting to us or our employees or staff ideas for products, services, features, modifications, enhancements, content, adjustments, technologies, content offerings, promotions, strategies or product or feature names, or any documentation, graphic design , computer code, diagram or other associated materials (collectively, “Reactions”), regardless of what your associated communication says, the following conditions will apply, so that both you and us clearly understand the status of such Feedback. Therefore, by sending us your Feedback, you agree to the following:
- that we are under no obligation to review, consider, comment on or apply your Feedback, or return all or any part of your Feedback to you for any reason;
- that the Feedback is provided on a non-confidential basis, and that we are not obligated to maintain the confidentiality of the Feedback you submit or to refrain from using or disclosing it in any way; and that you irrevocably grant us an unconditional, irrevocable, non- exclusive, royalty-free, fully transferable (including by sublicensing), perpetual, worldwide, unlimited license to adapt, reproduce, distribute, create derivative works from, modify, publicly perform (including directly to the end audience), communicate to the public, make available, publicly display, and otherwise use and exploit the Reactions and derivative works thereof for any purpose and without restriction, free of charge and without attribution of any kind, including making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or represent the Reactions, either in whole or in part, and as supplied or in modified form.
9. INDEMNITY
YOU WILL DEFEND, INDEMNIFY AND HOLD FROM LIABILITY THE COMPANY, ITS PARENTS AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBLICENSEES, AGENTS, ADVISORS AND CREATORS, AS WELL AS THEIR ASSIGNEES AND SUCCESSORS (EACH OF THEM, AN "INDEMNIFIED PARTY") FROM AND AGAINST ALL DIRECT AND INDIRECT LOSSES, CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, THE EXPENSES AND HOURS OF LEGAL ASSISTANCE, WHICH MAY BE SUFFERED OR SUPPORTED BY AN INDEMNIFIED PARTY OR ALLEGED AGAINST AN INDEMNIFIED PARTY FOR A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR APPLICABLE LAW, OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS.
10. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS WHICH YOU MAY NOT AGREE TO ALTER OR CONTRACTUALLY WAIVE AND WHICH YOU ARE ALWAYS LEGALLY ENTITLED TO AS A CONSUMER. THE SERVICES (INCLUDING SOCIETY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, INCLUDING ALL FAULTS, AND WE MAKE NO REPRESENTATIONS OR REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. , WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT THE FOLLOWING:
THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE YOUR INTENDED RESULTS; THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE OR ERROR-FREE OR FREE OF HARMFUL CODE; THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, CORRECT, CURRENT, OR RELIABLE; EITHER THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO REPRESENTATIONS, REPRESENTATIONS, WARRANTIES OR OTHER CONDITIONS (INCLUDING REQUIREMENTS, REPRESENTATIONS, CONDITIONS OR WARRANTIES AND IMPLIED TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PURPOSE, FITNESS FOR DESCRIPTION, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS) SHALL APPLY TO THE SERVICES (INCLUDING COMPANY CONTENT), EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR IN THESE TERMS. WE MAY MODIFY, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM AND/OR SERVICES FOR BUSINESS OR OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. WE ARE NOT OBLIGATED TO PROVIDE YOU WITH ANY TRANSITION SERVICES OR TECHNICAL OR OTHER SUPPORT AFTER THE SUSPENSION OR TERMINATION OF ANY SERVICE, NOR ARE WE SUBJECT TO ANY DISASTER RECOVERY OBLIGATION OR COMMITMENT.
11. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT LEGALLY BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR INJURY CAUSED DIRECTLY BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS AND FOR FRAUD OR FRAUDULENT STATEMENT. WITHOUT LIMITING THE FOREGOING PARAGRAPH, WE SHALL NOT BE LIABLE FOR THE FOLLOWING:
(i) ANY LOST PROFITS (WHETHER SUPPORTED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS, CORRUPTION, DISCLOSURE, ACCESS, ALTERATION, MISUSE, MANIPULATION OR OTHER USE OF DATA INCURRED BY YOU; OR (V) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHICH YOU MAY HAVE; I (ii) ANY LOSS OR DAMAGE THAT YOU MAY SUSTAIN AS A RESULT OF THE FOLLOWING: ANY CHANGES WE MAY MAKE TO THE SERVICES OR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE SERVICES (OR ANY FEATURE OF THE SERVICES); THE DELETION, CORRUPTION OR FAILURE TO STORE CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY THE SERVICES OR THROUGH THE USE OF THE SERVICES. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR SHOULD HAVE KNOWN OF SUCH POSSIBILITY. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES APPLICABLE TO YOUR USE OF OUR SERVICE, INCLUDING CHARGES FOR TEXT MESSAGES AND DATA. IF YOU ARE UNSURE OF THE AMOUNT OF SUCH CHARGES, YOU SHOULD CHECK WITH YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY CONTENT MADE AVAILABLE BY ANY USER OR THIRD PARTY ON OR THROUGH THE PLATFORM OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE BETWEEN YOU AND A THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, ANY TELEPHONE PROVIDER, COPYRIGHT OWNER, THIRD PARTY RESOURCE PROVIDER OR WEBSITE OR ANOTHER USER, OR PLATFORM CREATOR, IS A DISPUTE DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ALL LAWSUITS, CLAIMS, AND DAMAGES (DIRECT AND CONSEQUENTIAL) FROM ANY SUCH KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DISPUTES WITH SUCH THIRD PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S MAXIMUM TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR THE SERVICES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING: (A) THE AMOUNT PAID BY YOU TO US WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM OR (B) FIFTY UNITED STATES DOLLARS ($50) OR THE EQUIVALENT AMOUNT IN YOUR LOCAL CURRENCY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE EXCLUSION OF WARRANTIES IN SECTION 10 AND THE LIMITATION OF LIABILITY IN THIS SECTION 11 AND THE OTHER PROVISIONS OF THESE TERMS AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN THE PARTIES,
12. Interruption and termination of services
We will use commercially reasonable efforts to keep the Services operational. However, we do not guarantee the availability of any Service, unless otherwise required by applicable law. You acknowledge that the Services may be interrupted from time to time for various reasons (eg, scheduled or emergency downtime or failure of network or telecommunications service providers). We may also terminate the Services and your access to or use of the Services permanently. You agree that we do not assume any obligation or liability to you with respect to the Services for the withdrawal of Service Plans, or interruption, modification or termination of the Services or any part thereof, to the fullest extent permitted by law. current.
13.Other conditions
to. Applicable law and jurisdiction. Unless it is established in the section Additional conditions: specific for each jurisdiction that appears below, these Conditions, their object and their formation are governed by the laws of Spain. Any dispute arising out of or in connection with these Terms, including any matter relating to the existence, validity, or termination of these Terms, shall be referred and ultimately resolved by arbitration administered by the Spain International Arbitration Center in accordance with the Arbitration Rules. of the International Arbitration Center of Spain in force at that time, rules that are considered incorporated by reference in this clause. The seat of arbitration will be Spain. The Tribunal will consist of three (3) arbitrators. The language of arbitration will be Spanish. b. Validity. This section 13.b, the rights granted to us in section 8 and sections 7, 9, 10 and 11, as well as the remaining requirements of section 13 will continue in force after the expiration of these Conditions. c. Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms. d. full agreement. These Terms constitute the entire legal agreement between you and the Company and govern your use of the Services, taking precedence over any prior communications and proposals (whether oral, written or electronic) between you and us. and. Non-demand clause. Our failure to enforce any provision of these Terms, or our failure to act in the event of a breach by either party, does not mean that we waive our right to enforce or respond to any subsequent violation. Nothing in these Terms impairs our right to comply with governmental, judicial and law enforcement requests or demands in connection with your use of the Services or information provided to us or collected by us in connection with said use. F. Security. We do not guarantee that our Services are secure or free of errors, viruses, or harmful code. You are responsible for configuring the IT, software and platform to access our Services. You must use your own virus protection software. g. Divisibility. If any court with jurisdiction to decide on this matter rules that any provision of these Conditions is invalid, that provision will be removed without affecting the rest of the Conditions. The remaining provisions will continue to be valid and effective. h. Linked Third Party Content. The Services may incorporate links to third party content. We do not control, endorse, sponsor, recommend, or accept any responsibility for such content. Use of any linked third-party content is at the user's own risk. Yo. Third party rights. Unless specifically provided in the Additional Terms - Specific Jurisdiction, persons who are not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 to cause comply. j. Predominant language. These Conditions may be provided in languages other than the Spanish version. Unless explicitly stated in these Conditions, if there is any discrepancy between the versions of the same in different languages, the Spanish version will prevail. k. Do you have any questions? Contact [email protected].
Additional Terms: App Stores To the extent permitted by applicable law, the following additional terms will apply when accessing the Platform and Services through specific devices and their corresponding app stores:
Apple App Store. By accessing the Platform and Services through a device manufactured by Apple, Inc. ("Apple"), you specifically agree that:
- These Conditions constitute an agreement between the Company and you; Apple is not a party to these Terms.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform and Services on authorized Apple devices that you own or control for your personal, non-commercial use. subject to the Usage Rules set forth in the Apple App Store Terms and Conditions.
- Apple is not responsible for the Platform and Services or their content and has no obligation to provide maintenance or support services with respect to the Platform and Services.
- In the event that the Platform and Services do not meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Platform and Services, if any. To the extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Platform and Services.
- Apple is not responsible for addressing any claims made by you or any third party in connection with, your possession of, or your use of the Platform and Services, including, without limitation, (a) claims for defective products; (b) claims motivated by the lack of adaptation of the Platform and the Services to any applicable legal or regulatory requirement; and (c) claims under consumer protection or similar legislation.
- In the event that a third party claims that the Platform and Services, or your possession and use of them, infringes their intellectual property rights, Apple will not be responsible for investigating, defending, remedying or resolving such claim for breach of intellectual property rights.
- You represent that (a) you are not located in a country that is embargoed by the United States Government, or has been designated by the United States Government as a "terrorist collaborator" country; and (b) you are not listed on any US Government list of parties with whom collaboration is prohibited or restricted.
- Apple and its affiliates are third-party beneficiaries of these Terms, and after your acceptance of these Terms, Apple will have the right (as you have accepted this right) to require you to comply with these Terms as a third-party beneficiary of these Terms.
- The Company expressly authorizes multiple users to use the Platform and the Services through the "Family Sharing" function or any other function that Apple provides.
Google play. By downloading the Platform and Services from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), you specifically acknowledge and agree that:
- In the event of any inconsistency between (a) the Google Play Terms of Service and the Google Play Partnership and Program Policies or any other terms that Google designates as default end user license terms applicable to Google Play (in hereinafter referred to as the "Google Play Terms"), and (b) the provisions of these Terms, the Google Play Terms apply to your use of the Platform and Services you download from Google Play; and You acknowledge that Google assumes no responsibility or liability in connection with the Company's or you (or any other user's) compliance with or breach of the Google Play Terms.
Additional conditions: specific to each jurisdiction
USA If you use the Platform in the United States, the following additional terms apply:
Applicable Law. These Conditions, their subject matter and their formulation are governed by the laws of the State of California. Arbitration and Class Action Waiver An arbitration agreement is included in this section and you agree to bring any claim in an individual capacity only (not in a class or other representative proceeding). We kindly ask you to read it carefully. YOU MAY DECLINE TO BE A PARTY TO THE AGREEMENT TO ARBITRATION ACCORDING TO THE PROCEDURE BELOW. Prior informal procedure. You agree that, in the event of any dispute between you and the Company, you will first contact the Company and attempt to resolve the dispute in good faith before resorting to more formal means of resolution, including, among other things, any judicial action. Arbitration Agreement. Upon completion of the informal dispute resolution process, any remaining dispute, controversy or claim (collectively, the "Complaint") relating to your use of the Company's services and/or products, including the Services, will be resolved finally through binding arbitration. You and the Company are bound by this binding arbitration agreement on the same terms. However, this arbitration agreement does not (a) regulate any claim that the Company presents in case of infringement of its intellectual property rights or unauthorized access to the Services or that exceeds the authorization granted under these Conditions, nor (b) prevents you from availing yourself of any applicable small claims court proceedings. You agree that the United States Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Company each waive your right to participate in a jury trial or class action. This arbitration provision will survive termination of these Terms. If you wish to initiate arbitration proceedings, after you have exhausted the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to the Company through the channels listed below: Email: [email protected]
The arbitration will be conducted by the American Arbitration Association (AAA) in accordance with its rules, including, if you are an individual, the AAA's Additional Procedures for Resolving Consumer Disputes. If you are not an individual or have used the Services on behalf of a legal entity, the AAA's Additional Procedures for resolving Consumer Disputes will not apply. You can view the AAA's rules at www.adr.org or by calling 1-800-778-7879. The arbitration proceeding will be held in Los Angeles, California, in the English language. Payment of all filing, administration and arbitration fees will be governed by the AAA rules. If you are an individual and you have not accessed or used the Services on behalf of an entity, we will return those fees to you for claims where the amount in dispute is less than $10,000, unless the arbitrator determines that the claims are unenforceable, and we will not claim legal defense fees or arbitration costs unless the arbitrator finds the claims unenforceable. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, inconsistency, arbitrariness, enforceability, or articulation of this arbitration agreement, including any claim that the entire or any part of this arbitration agreement is void or voidable. However, the above sentence shall not apply to the "Class Action Waiver" section below. To the extent that a Demand for injunctive relief is available to you, such Demand may only be heard in a court of law after the conclusion of a related arbitration on any other Demand. If you do not wish to arbitrate with the Company and you are an individual, you may opt out of this agreement to arbitrate by sending an email notice to: [email protected] within thirty (30) days of the first date of access or use of the Services. CLASS ACTION WAIVER. ANY CLAIM MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CLASS, REPRESENTATIVE, MULTIPLE CLAIMANT OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBMITTED TO ARBITRATION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO COMBINE OR JOIN SIMILAR CLAIMS OR BRING A CLASS ACTION OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNENFORCEABLE, VOID OR VOIDABLE MAY ONLY BE DETERMINED BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. If this Class Action Waiver is held invalid or unenforceable, then the entire Agreement to Arbitrate, if any, shall be null and void. If any other provision of the Agreement to Arbitrate is held invalid or unenforceable, that provision will be struck down and the other provisions will apply to the fullest extent provided by law.
If, for any reason, the details of a claim are decided in court rather than in arbitration, both you and the Company waive any right to a jury trial.
California resident. If you are a California resident, pursuant to s. California Civil Code 1789.3, you may submit your complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by phone at (800) 952-5210. Art. 1542 of the California Civil Code. If you reside in California, you are waiving California Civil Code Section 1542, which states that a "general release does not extend to claims that the creditor or the releasing party does not know or suspect exists in their favor at the time of foreclosure." the resignation and that, had they been known, they would have substantially affected their out-of-court transaction with the debtor or beneficiary party of the resignation". Exports. You agree not to export or re-export, directly or indirectly, the Services or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires an export or other license. government approval at the time of export without first obtaining such license or approval. In particular, but not limited to, the Services may not be exported or re-exported (a) to any country subject to a US embargo or to any country that has been designated by the US Government as a country that "supports terrorism," or (b) to any person on any U.S. Government list of parties subject to prohibitions or restrictions, US Government Restriction of Rights The Services and related documentation are "Commercial Items" as that term is defined in 48 CFR Part 2.101, consisting of "Commercial Software" and "Commercial Software Documentation" as such terms are used in 48 CFR § 12.212 or 48 CFR § 227.7202, as applicable. Pursuant to 48 CFR §12.212 or 48 CFR §227.7202-1 through 227.7202-4, as applicable, the Commercial Software and Commercial Software Documentation are licensed to end users in the United States Government United (a) as Trade Items only, DMCA Copyright Policy We have adopted the following general policy regarding copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the designated agent to receive notice of alleged infringement (“Designated Agent”) is listed at the end of this policy. Procedure for Reporting Copyright Infringement: If you believe that materials or content hosted on or accessible through the Platform or Services infringe a copyright, please submit a copyright infringement notice containing the following information to the Designated Agent which is indicated below: 1. An email address, physical address, and phone number so that we and the person whose content is allegedly infringing your work can contact you. 2. The URL or other identifying location of the allegedly infringing work. 3. The type of content you are reporting. It can be video, source, image, etc. 4. The reason you are reporting this content and your request. 5. Supporting documents or URLs to show entitlement details. If you do not have the material to show the right owner, please clearly and completely describe the work that you believe has been infringed. 6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; under penalty of perjury, that the above information is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and you agree that any information submitted in your copyright infringement notification may be forwarded to the person who uploaded the content, or otherwise made public by us or a third party. 7. The physical or electronic signature of the copyright owner or an authorized representative thereof. To satisfy this requirement, you may type your full legal name (not that of a Company) at the bottom of your notice . If we receive a takedown notice pursuant to the above, we will remove the material cited in the notification and will attempt to notify any user who has uploaded the allegedly infringing material if we have their contact information. Such user will have the opportunity to submit a "counter-notification" as set forth below. If we determine that a user has repeatedly infringed the intellectual property rights of others, we will deactivate the user's accounts with us from time to time. Procedure for Giving a Counter-Notification: If any user believes that any material removed does not infringe any rights or that the user has the right to post and use such material from the copyright owner, the copyright owner's agent or in accordance with the law, the user must send a counter-notification containing the following information to the Designated Agent indicated below: 1. A physical or electronic signature of the user; 2. Identification of the material that has been removed and the location in which the material appeared prior to its removal; 3. A statement that the user has a good faith belief that the material was removed as a result of mistake or a misidentification of the material; and 4. The name, address, telephone number and, if available, email address and a statement that said person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the address is located of the user, or if the user's address is outside of the United States, for any judicial district in which it is located, and that such person or entity will accept service of process from the person who provided notice of the alleged infringement. If the Designated Agent receives a counter-notification, we will send a copy of the counter-notification to the original complaining party advising that person that we may restore the removed material after 10 days. The original complaining party will then have 10 days to notify us that they have brought legal action regarding the allegedly infringing material. If we do not receive such notification within 10 days, we may restore the material, at our discretion. Contact the Designated Agent to receive notice of alleged infringement for Company at [email protected].
Your content. In connection with your use of the Services, you may be able to upload or submit content to be made available through the Services ("Your Content"). As a condition of your use of the Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, and sublicensable license to access, use, host, cache, reproduce, transmit, and display Your Content in connection with with your use of the Services. By submitting Your Content using the Services, you represent and confirm that you have, or have obtained, all rights, licences, authorizations, permissions, power, or authority necessary to grant the rights granted herein to Your Content. You agree that Your Content does not include material that is subject to copyright or other proprietary rights, unless you have the necessary permission or are legally authorized to upload the material and grant us the license described above. Notwithstanding anything to the contrary, we are under no obligation to maintain Your Content. Your Content will not be available once you remove the Platform. Use of the Platform. You are responsible for providing the mobile device, wireless service plan, software, Internet connections, or other equipment or services you need to download, install, and use the Platform. We do not guarantee that the Platform can be accessed and used on a particular device or with a particular service plan. We do not guarantee that the Platform will be available in any specific geographic location. As part of the Services, you may receive push notifications or other types of messages sent directly to you related to the Platform ("Push Messages"). You acknowledge that when using the Platform, your wireless service provider may charge you fees for data, text messages, or other types of wireless access, including in connection with Automatic Messages. You are in control of your Push Message settings, and you can choose whether or not to receive Push Messages through the Services or your mobile device's operating system (with the possible exception of important service announcements and infrequent administrative messages). Please check with your wireless service provider to determine what fees apply to your access and use of the Platform, including the receipt of Automated Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, or use the Platform on your mobile device, including receiving Automated Messages. and you can choose whether or not to receive such messages through the Services or your mobile device's operating system (with the possible exception of important service announcements and infrequent administrative messages). Please check with your wireless service provider to determine what fees apply to your access and use of the Platform, including the receipt of Automated Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, or use the Platform on your mobile device, including receiving Automated Messages. and you can choose whether or not to receive such messages through the Services or your mobile device's operating system (with the possible exception of important service announcements and infrequent administrative messages). Please check with your wireless service provider to determine what fees apply to your access and use of the Platform, including the receipt of Automated Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, or use the Platform on your mobile device, including receiving Automated Messages. Please check with your wireless service provider to determine what fees apply to your access and use of the Platform, including the receipt of Automated Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, or use the Platform on your mobile device, including receiving Automated Messages. Please check with your wireless service provider to determine what fees apply to your access and use of the Platform, including the receipt of Automated Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, or use the Platform on your mobile device, including receiving Automated Messages.
European Union and United Kingdom
The following conditions apply if you reside in the European Union or the United Kingdom:
Nothing in these Terms affects your right to invoke any applicable mandatory local law or jurisdictional choice provision that cannot be modified by contract. The European Commission provides an online dispute resolution platform, which you can access via the address: https://ec.europa.eu/consumers/odr/. Without prejudice to your statutory rights, we may, without notice, temporarily or permanently suspend or terminate your account or impose limits or restrict your access to parts or all of your account or Services: if you violate, or we believe you are about to violate, the Terms, including any incorporated agreements, policies or guidelines; in response to requests from State security forces and bodies or other competent authorities in accordance with a valid legal procedure; due to unexpected technical or security issues or problems; either if your account shows long periods of inactivity in accordance with our account deletion policy. If we suspend or permanently terminate your account, we will notify you in advance and allow you reasonable time to access and save information, files, and content associated with your account, unless we have reason to believe that continued access to your account will violate the applicable legal provisions, requests from law enforcement or other government agencies, or that will cause harm to us or third parties.
Nothing in the Conditions affects the legal rights that assist you as a consumer under the legislation of the member states of the European Union and that cannot be contractually modified or waived. Consequently, some of the exclusions and limitations in sections 8 and 9 of the Conditions will not apply to you if you are a consumer residing in a country of the European Union.
The paragraphs in Section 8, “User Generated Content”, will not apply.
Section 12 of these Conditions is replaced by the following text: Modification, interruption and termination of the Services We reserve the right to change our service plans, including adjusting the available features/services if there is a valid reason for the change. A valid reason may be, in particular, (i) apply changes in legal requirements or jurisprudence, (ii) apply changes in technical requirements, such as a new technical environment or other operational reasons, (iii) maintain operations , (iv) adapt to changes in market conditions, such as the increase in the number of users, and (v) for your benefit. You will not bear additional costs for changes in the Service Plans and their functions. We will inform you of the change in a clear and understandable way. If a change to our service plans affects your ability to access or use the service plans in a way that is not irrelevant (“Significant Change”), we will notify you at least six weeks in advance by email (“Significant Change”). Notice of Change"). The Notice of Change will include the characteristics and the schedule of the Significant Change with a description of your rights, which are the following: In the event of Significant Changes, you have the right to terminate the contract free of charge by notifying us 30 days in advance. This period begins once you receive the Notice of Change. If the change is made after we have received the Notice of Change, the time period will not begin until we have applied the change. We will use commercially reasonable efforts to keep the Services operational. However, we reserve the right to interrupt or modify the availability of the Services or any part thereof (including modifying or withdrawing any Service) from time to time, such as for scheduled or emergency downtime. , unless prohibited by applicable law. We will take your legitimate interests into account and inform you in a timely manner of any restrictions. If you have subscribed to the Services, we will refund any unused subscription fees paid to you pro rata if required by applicable law.
We are fully responsible for personal damage, injury and loss of life caused by us, our representatives or our agents in the performance of contractual obligations. We are fully liable for damage caused intentionally or through gross negligence by us, our representatives or our agents in the performance of contractual obligations. The same applies to damage resulting from a lack of quality guaranteed by us or to damage resulting from malicious action. If the damage related to the breach of a basic contractual obligation is caused by slight negligence, we will only be liable for the normally foreseeable amount of damage. The fundamental contractual obligations, in summary, are those whose fulfillment allows the correct performance of a contract in the first place and whose performance can generally be trusted by one of the parties to the contract. Our liability under the German Product Liability Act remains unaffected. Any other liability is excluded. The statute of limitations for claims for damages against us expires after one (1) year. These Conditions, their object and articulation are governed by the laws of Spain, subject exclusively to the mandatory provisions of the consumer legislation of the European Union country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods and any other similar law, regulation or legislation in force in any other jurisdiction shall not apply. You and the Company irrevocably agree that the courts of your country of residence shall have non-exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or articulation.
India If you use the Platform in India, the following additional terms apply:
By using the Services, you confirm that you are at least 18 years of age or that you are at least 18 years of age and supervise the use of this Platform by a minor dependent person. Complaints or other problems arising from the use of the Platform can be submitted by email at the address: [email protected]. In accordance with the Information Technology Act of 2000 and the regulations set forth therein, the contact details of the Complaints Manager are provided below: Mr. Daniel Martinez Email: [email protected]
Brazil If you use the Platform in Brazil, the following additional conditions will apply: to. Acceptance of the Conditions. To use or access the Platform, you must accept the Terms. Please note that the provisions of this document govern the relationship between you and the Platform. If you do not agree to all of the terms below, you will not be permitted to use or access the Platform. Your access to and use of our Services are also subject to our Privacy Policy, which you must also agree to, and the terms of which can be found directly on the Platform, or where the Platform is available for download, in the applicable app store of your mobile device, incorporated herein by reference. b. Authorization of parents and guardians. If you are over the age of 16 but under the age of 18, you represent that you have enlisted the assistance of your parent or legal guardian in using the Services and agreeing to the Terms. If you are under 16, your parent or legal guardian must accept these Terms on your behalf, or you may not use the Services. If you are the parent or legal guardian responsible for the minor, these Terms apply to you and you hereby accept them. c. Changes in the Conditions. In the case of relevant changes that require the consent of the user, we will present the new Conditions to request your authorization in relation to them. d. Applicable law and jurisdiction. These Conditions, their object and articulation are governed by the laws of Brazil. You and we agree that the courts of Brazil will have exclusive jurisdiction. and. Language. It is possible that the Terms of Service have been translated into the Portuguese language. If there is any discrepancy between the Portuguese version and the Spanish version, the Spanish version will prevail. F. Your Content. In connection with your use of the Services, you may be able to upload or submit content to be made available through the Services ("Your Content"). As a condition of your use of the Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, and sublicensable license to access, use, host, cache, reproduce, transmit, and display Your Content in connection with with your use of the Services. By submitting Your Content using the Services, you represent and confirm that you have, or have obtained, all rights, licences, authorizations, permissions, power, or authority necessary to grant the rights granted herein to Your Content. You agree that Your Content does not include material that is subject to copyright or other proprietary rights, unless you have the necessary permission or are legally authorized to upload the material and grant us the license described above. Notwithstanding anything to the contrary, we are under no obligation to maintain Your Content. Your Content will not be available once you remove the Platform. g. Use of the Platform. You are responsible for providing the mobile device, wireless service plan, software, Internet connections, or other equipment or services you need to download, install, and use the Platform. We do not guarantee that the Platform can be accessed and used on a particular device or with a particular service plan. We do not guarantee that the Platform will be available in any specific geographic location. As part of the Services, you may receive push notifications or other types of messages sent directly to you related to the Platform ("Push Messages"). You acknowledge that when using the Platform, your wireless service provider may charge you fees for data, text messages, or other types of wireless access, including in connection with Automatic Messages. You are in control of your Push Message settings, and you can choose whether or not to receive Push Messages through the Services or your mobile device's operating system (with the possible exception of important service announcements and infrequent administrative messages). Please check with your wireless service provider to determine what fees apply to your access and use of the Platform, including the receipt of Automated Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, or use the Platform on your mobile device, including receiving Automated Messages. and you can choose whether or not to receive such messages through the Services or your mobile device's operating system (with the possible exception of important service announcements and infrequent administrative messages). Please check with your wireless service provider to determine what fees apply to your access and use of the Platform, including the receipt of Automated Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, or use the Platform on your mobile device, including receiving Automated Messages. and you can choose whether or not to receive such messages through the Services or your mobile device's operating system (with the possible exception of important service announcements and infrequent administrative messages). Please check with your wireless service provider to determine what fees apply to your access and use of the Platform, including the receipt of Automated Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, or use the Platform on your mobile device, including receiving Automated Messages. Please check with your wireless service provider to determine what fees apply to your access and use of the Platform, including the receipt of Automated Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, or use the Platform on your mobile device, including receiving Automated Messages. Please check with your wireless service provider to determine what fees apply to your access and use of the Platform, including the receipt of Automated Messages. You are solely responsible for any fees, costs, or expenses you incur to download, install, or use the Platform on your mobile device, including receiving Automated Messages. h. Rescission. We reserve the right, at our sole discretion, to deny access to the Platform and Services to any User, or to modify, suspend or terminate access to or use of the Platform and Services by any User at any time, for any reason or no reason, without notice. We may also, at our sole discretion and at any time, discontinue service to the Platform and Services, or any part thereof, with or without notice. We can notify the User about the cancellation or suspension of the account or the interruption of the Platform and the Services 15 days in advance by means of communication by email, message, application or other alternative means of communication only if the User has not been responsible of said cancellation,
Japan If you use the Platform in Japan, the following additional terms apply:
Coming of age. If you are under the age of 20, you confirm that your parent or legal guardian authorizes your access to or use of the Service. Please make sure that your parent or legal guardian has reviewed and discussed these Terms with you. If you have accessed or used the Service after your 20th birthday, you are deemed to have been authorized to use the Service during the period you were under the age of 20.
South Korea If you use the Platform in South Korea, the following additional terms apply:
Authorization of parents and guardians. The Services are only available to individuals over the age of 14. If you are over 14 but under 19, you declare that you have the authorization of your parent or legal guardian to enjoy the Services or register an account for their provision. Changes in conditions. The following conditions apply with priority over the previous section 4.
We modify these Terms from time to time to the extent permitted by applicable law. In the event that we modify these Terms, we will notify you of the effective date of the changes and the reasons for applying these modifications by means of a notice that will be published on the home page of our website or on the home screen of our mobile application, from at least 7 days before the date of entry into force of the new Conditions and until the day before the date of entry into force; provided, however, that in the event of changes that are material or unfavorable to you, we will use reasonable efforts to notify you in advance, making the new Terms effective within a period of at least 30 days from the first date notification. Nevertheless, If you do not expressly object to the changes to the Terms, even if we have notified you that your failure to do so in the above notice period will be deemed acceptance of the changes, you will be deemed to have accepted the new Terms. Content. The following conditions apply with priority over the second paragraph of the previous section 8. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including downloading the Platform on an authorized device, and to access to Company Content solely for your personal, non-commercial use in your use of the Services and solely in accordance with these Terms. The Company reserves all rights not expressly granted herein in the Services and the Company Content. You acknowledge and agree that the Company may terminate this license at any time for any or no reason, if deemed necessary in our reasonable discretion. We will not disclose your identity to third parties unless permitted by applicable law or you authorize us to do so. Advance notice of service restrictions, etc. In the event that we apply changes unfavorable to you (including suspending or restricting the availability of our Services), we will personally notify you of the reason for this action without delay. However, in the event that personal notification is prohibited for legal reasons or is reasonably considered to cause harm to Users, third parties, the Company and/or our affiliates (for example, if the notification violates laws and regulations or the order of regulatory authorities, if it interferes with any investigation, if it harms the security of our Services, etc.), the notification may not be issued. Acceptance of the Conditions. The following conditions apply with priority over the first paragraph of section 2 above. These Conditions enter into force when you accept them, submit a request to use the corresponding service and we accept said request. Your access to and use of our Services are also subject to our Privacy Policy, the terms of which can be found directly on the Platform, or when the Platform is available for download, in the applicable app store for your mobile device, incorporated herein. by reference. Notwithstanding the provisions of section 2 above, by accepting these Conditions, you do not accept our Privacy Policy.
thailand If you use the Services in Thailand, the following additional terms apply. In the event of a conflict between the following additional terms and the provisions of the main body of these Terms, the following terms will control.
Authorization of parents and guardians. If you are under the age of 20, or if you are nearly incapacitated or incapacitated, you represent that your parent or legal guardian has acknowledged these Terms and that you have permission from your parent or legal guardian to use the Services. . Language. Any local language translations (where applicable) of these Terms exist by reference only, so only the Spanish version will take precedence. If there is any discrepancy between the different versions, the Spanish version will prevail.
Indonesia If you use our Services in Indonesia, the following additional terms apply. In the event of a conflict between the following additional terms and the provisions of the main body of these Terms, the following terms will control.
Acceptance of these Conditions. By using the Services, you represent and warrant that you are at least 21 years of age or married, or not in legal guardianship. If you are (i) under the age of 21 and not married or (ii) under guardianship, your account must be opened in the name of your parent or legal guardian. In addition, you represent and certify that you have the authorization of your parents or legal guardians, unless you indicate a different option. By agreeing to these Terms, your parent or legal guardian agrees to be responsible for: (i) all of your actions related to your access to the Services; (ii) any fees or expenses related to your use of any of the Services (as applicable); (iii) your compliance with these Terms; and (iv) the guarantee that your participation in the Services will not imply, in any case, an infraction of the applicable laws and regulations regarding the protection of minors. If you do not have the consent of your parent or legal guardian and your parent or guardian is unwilling to open the account in your name, you must stop accessing the Services. Limitation of Liability. The limits of liability set forth in Section 15 above (Limitation of Liability) will not apply to the extent that you suffer loss or damage resulting from our willful misconduct or negligence. Minimum age. The Services are directed solely at persons over the age of 14 in Indonesia. Resignation. We and you expressly agree to waive and terminate our respective rights and obligations under any applicable law upon termination of these Terms to the extent such law requires any court order for termination of these Terms. You acknowledge and agree that (i) you have read these Terms and understand the content thereof; (ii) you accept these Terms freely and without duress; and (iii) you will not use the provisions of the Flag, Language, State Emblem and National Anthem Law of the Republic of इंडोनेशिया सं. 24, 2009 या इसके किसी भी कार्यान्वयन विनियमन इन शर्तों को अमान्य कर दें।
मेक्सिको यदि आप मेक्सिको में हमारी सेवाओं का उपयोग करते हैं, तो निम्नलिखित अतिरिक्त शर्तें लागू होंगी। निम्नलिखित अतिरिक्त शर्तों और निम्नलिखित अतिरिक्त शर्तों के बीच टकराव की स्थिति में इन शर्तों के मुख्य भाग के प्रावधानों के अनुसार, निम्नलिखित शर्तें लागू होंगी नियंत्रण। यदि आपकी आयु 18 वर्ष से कम है, तो आप केवल सेवाओं का उपयोग कर सकते हैं अपने माता-पिता या कानूनी अभिभावक की सहमति से। कृपया सुनिश्चित करें कि आपके माता-पिता या कानूनी अभिभावक ने इनकी समीक्षा की है, चर्चा की है और इनसे सहमत हैं आपके साथ शर्तें. व्यक्तिगत जानकारी। हम आपके व्यक्तिगत डेटा को निम्नलिखित उद्देश्यों के लिए संसाधित करेंगे हमारे अनुसार निष्पादन और प्रशासन से संबंधित गोपनीयता नीति और ये शर्तें। आप हमें साझा करने के लिए अपनी सहमति देते हैं यदि हमारी आवश्यकताओं को पूरा करना आवश्यक हो तो तीसरे पक्ष के साथ अपने व्यक्तिगत डेटा को साझा करना दायित्व। आप संपर्क करके अपने डेटा सुरक्षा अधिकारों का प्रयोग कर सकते हैं कृपया गोपनीयता रिपोर्ट के माध्यम से हमसे संपर्क करें। हम आपसे संपर्क करने और अतिरिक्त अनुरोध करने के लिए आपके व्यक्तिगत डेटा को संसाधित कर सकते हैं या स्थापित इरादों से संबंधित पूरक जानकारी इन शर्तों के अधीन। लागू कानून और अधिकार क्षेत्र। ये शर्तें, उनका उद्देश्य और उनका निर्माण मेक्सिको के कानूनों द्वारा शासित हैं। किसी भी विवाद से उत्पन्न इन शर्तों के संबंध में या इनमें से किसी भी मामले से संबंधित इन शर्तों के अस्तित्व, वैधता या समाप्ति के संबंध में, जब लागू होने से पहले सुलह प्रक्रिया के लिए प्रस्तुत किया जा सकता है मेक्सिको सिटी में स्थित उपभोक्ता संरक्षण के लिए संघीय अटॉर्नी, या मेक्सिको में स्थित सक्षम न्यायालयों के अधिकार क्षेत्र में प्रस्तुत करना शहर।
14. हमारा संपर्क विवरण
यदि आपके पास अपने डेटा के प्रसंस्करण के बारे में कोई प्रश्न है एप्लिकेशन के उपयोग या अपने अधिकारों के बारे में, आप संपर्क कर सकते हैं: