PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY (THE “TERMS OF SERVICE” OR “TERMS”). BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEB SITES OF HELLENET MEDIA SL, ITS AFFILIATES OR AGENTS (“COMPANY” or “US”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “WEB SITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE, ENABLED OR OFFERED BY THE COMPANY (EACH ONE, A “SERVICE” AND COLLECTIVELY, THE “SERVICES”), BY CLICKING ON THE “ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS (IF REQUIRED), DOWNLOADING ANY OF THE MOBILE APPLICATIONS COMPANIES (EACH “MEMBER” OR “YOU”) AGREE THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE WITHOUT MODIFICATION, (2) YOU ARE OF LEGAL AGE TO FORM A CONTRACT BINDING WITH THE COMPANY, AND (3) YOU HAVE THE AUTHORITY TO MAKE THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE IN FULL, YOU CAN NOT ACCESS OR USE THIS WEB SITE OR THE SERVICES.
THE SERVICES MAY CONSTITUTE THE FOLLOWING, WITHOUT LIMITATION: ASTROLOGICAL CONTENT, REPORTS, TAROT READINGS, FORTUNAS, NUMEROLOGÍA, GAMES, WITNESSES, EMAIL CONSULTATIONS, LIVE TELEPHONE CONSULTATIONS. THE WEBSITE ACTS ONLY AS AN INTERFACE TO FACILITATE THE COMMUNICATIONS INITIATED BETWEEN MEMBERS AND AS A THIRD PARTY PAYMENT NETWORK. ADVISORS ARE ALSO MEMBERS OF THE SITE AND NOT EMPLOYEES OF THE COMPANY. THE COMPANY DOES NOT VERIFY THE DEGREES, QUALIFICATIONS, CREDENTIALS OR BACKGROUND OF THE ADVISORS. THE COMPANY DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR WARRANT ANY NOTICE, INFORMATION OR OTHER SERVICES PROVIDED BY THE ADVISORS OR THE COMPANY, OR GUARANTEE THE VALIDITY, ACCURACY, COMPLETENESS, SECURITY, LEGALITY, QUALITY OR APPLICABILITY OF THE CONTENT, ANYTHING DICTATED OR WRITTEN BY, OR ANY ADVICE PROVIDED BY, THE ADVISORS.
1. UPDATES OF THESE TERMS
WE CAN MODIFY THESE TERMS OF SERVICE AT ANY TIME IN OUR DISCRETION. PLEASE CHECK THE “LAST UPDATE” LEGEND AT THE TOP OF THIS PAGE TO SEE WHEN THESE TERMS OF SERVICE HAVE BEEN REVISED FOR THE LAST TIME. A CURRENT VERSION OF THIS AGREEMENT SHOWING THE EFFECTIVE DATE IS ALWAYS AVAILABLE IN THIS LOCATION. WE ENCOURAGE YOU TO CHECK PERIODICALLY THESE TERMS TO SEE IF THERE HAS BEEN ANY CHANGE THAT MAY AFFECT YOU. CHANGES IN THESE TERMS WILL BE EFFECTIVE IMMEDIATELY FOR NEW USERS OF THE ASSOCIATED SITE OR SERVICES. HOWEVER, IF WE MAKE SOME MATERIAL CHANGE IN THESE TERMS OF SERVICE, WE WILL NOTIFY EXISTING USERS BY PROMPTLY PUBLISHING THE NOTIFICATION OF CHANGES ON THE WEBSITE. ALL CHANGES TO THESE TERMS SHALL BE EFFECTIVE IMMEDIATELY WHEN PUBLISHED TO THE WEBSITE, WITHOUT DELAY. IF YOU DO NOT AGREE WITH THE REVISED TERMS OF SERVICE, YOU MUST STOP USING THE WEBSITE AND THE ASSOCIATED SERVICES. YOU AGREE THAT YOUR CONTINUED USE OF THE WEBSITE AFTER NOTICE OF SUCH CHANGES TO THE TERMS SHALL MEAN YOUR ACCEPTANCE OF SUCH CHANGES.
Your use and participation in certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will be listed in the Terms of Service or will be presented to you for acceptance when you register to use them. the supplementary service. If the Terms of Service are inconsistent with the Complementary Terms, the Complementary Terms will control with respect to such Service. The terms of service and any applicable supplementary terms are referred to in this document as “Terms”.
2. AUTHORIZED USE
Your right to use the Applications, the Website, the Services and all Content and Services made available by the Company, its suppliers and / or advertisers on or in, or purchased through, the Company Properties (collectively, the “Company Properties”) is personal to you. You are allowed to use Company Properties solely for your personal use. You are solely responsible for the content of your transmissions through the Properties of the Company. Your use of Company Properties is subject to all applicable local, state, national and international laws and regulations. You accept:
(a) to comply with all statutes, orders, regulations, rules and other applicable laws, including laws related to the transmission of technical data exported from the United States through the Company’s Properties;
(b) not use Company Properties for fraudulent or illegal purposes;
(c) not take any action to interfere with the website or the use of any other user of the website and respect the rights and dignity of others;
(d) not interfere or interrupt the networks connected to the Company;
(e) comply with all applicable regulations, policies and procedures of networks connected to Company Properties;
(F) not use any type of data mining, robots or similar methods of data collection and extraction in relation to Company Properties;
(g) not publish, upload, share, transmit, distribute, facilitate distribution or make available or through the website any type of illegal, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortuous, vulgar or objectionable . material of any kind, including unauthorized or unsolicited advertising;
(h) not reproduce, duplicate or copy any part of the website, except as authorized by this Agreement;
(i) not sell, resell or exploit, for commercial purposes, any part of the use or access to the website without the prior written consent of the Company;
(j) not impersonate any person or entity, falsely state or misrepresent your affiliation with any person or entity in relation to the website, or express or imply that we endorse any statement you make;
(k) not publish or transmit messages that may tend to restrict trade, or encourage or facilitate an agreement on: prices, discounts, terms or conditions of sale; allocation of markets or territories; or selection, rejection or termination of business relationships or suppliers;
(l) not remove any notice of copyright, trademark or other proprietary rights of the Website or other Properties of the Company;
(m) not violate or attempt to violate the security of the website;
(north) not to spread on the website any virus, worm, spyware, adware or other malicious code, file or computer program that is harmful, invasive or can or is intended to damage or hijack the operation of, or control the use of, any hardware, software or equipment;
(p) not assist or allow any person in violation of this Agreement or the statutes, orders, regulations, rules and other applicable laws that govern the use of the website.
(q) not frame or use framing techniques to include any trademark, logo or other Company Properties (including images, text, page layout or form) of the Company;
(r) not use any meta tag or other “hidden text” that uses the name or trademarks of the Company;
(s) not modify, translate, adapt, merge, perform derivative works, disassemble, decompile, reverse compile or reverse engineer any part of the Company’s Properties, except to the extent that the foregoing restrictions are expressly prohibited by the applicable law;
(t) not use any software, device or other manual or automatic process (including, among others, spiders, robots, scrapers, crawlers, avatars, data mining tools or similar) to “scrape” or download data from any web page contained on the website (except that we grant to public search engine operators revocable permission to use spiders to copy materials from the website for the sole purpose and only to the extent necessary to create search indexes of publicly available materials, but no caches or files of such materials);
(u) not access the Company Properties to build a similar or competitive website, application or service.
Subject to its compliance with the Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use a copy of the Application on a single mobile device or computer owned or controlled and executed said copy of the Application solely for your personal or internal commercial purposes. In addition, with respect to any App that you access or download from the Apple App Store (an “App Store Origin Application”), you will only use the App Store Source App (i) on an Apple product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Rules of Use” set forth in the Apple App Store Terms of Service.
3. INTELLECTUAL PROPERTY RIGHTS
In addition to the content provided by Members, all content (“Content”) available through the Website is protected by copyright, trademark or other proprietary rights and laws. The “Content” includes, among others, text, software, music, sound, photographs, video, graphics or other materials, and the “Content of the Company” includes, among others, all the Contents and Services made available by the Company. , its suppliers, and / or advertisers on or in, or purchased through, the Company Properties. Subject to the Terms, the Company grants you a limited license to reproduce and display portions of the Company’s Properties in connection with viewing the Website and using the Services for its own personal purposes. You are not allowed to copy, use, reproduce, distribute, perform,
All rights not expressly granted here are reserved.
4. INFORMATION SUBMITTED BY THE USER
You are responsible for any Content that you upload, post, email, transmit or otherwise make available on or through Company Properties, whether published publicly or transmitted privately. You accept, declare and guarantee that any Content you transmit through our Website or to us is truthful, accurate, non-misleading and offered in good faith, and that you have the right to transmit such Content. You must not upload, post or make available on the Website any Content protected by copyright, trademark or other property right of any third party without the express written permission of the owner of said right (s) or the authority to do it. . You will be solely responsible for damages arising from any infringement of copyright, trademark or other property rights, or any other damage resulting from such presentation. We do not want you to send, or send us any confidential or proprietary content, unless specifically requested. Please note that any unsolicited Content sent to the Company will be considered non-confidential or proprietary.
You agree not to transmit through our website on or through the Properties of the Company any illegal, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or objectionable material of any kind or nature. In addition, you agree not to transmit any material that encourages conduct that may constitute a crime, generate civil liability or violate any applicable local, state, national or international law or regulation. We can (but do not have the obligation to) remove any content you transmit through our website for any reason (or no reason). In addition, if we are aware of any possible breach by you of any provision of the Terms, we reserve the right to investigate such violations and may, at our sole discretion, immediately terminate your license to use Company Properties, or change, alter,
By submitting Content, other than personally identifiable information, you grant the Company (or warrant that the owner of such Content has expressly granted the Company) non-exclusive, worldwide, royalty-free, transferable and sublicensable access (through multi-level)) right to exercise all and each of the copyright, advertising, trademark, database rights and intellectual property rights you have in the content, in any medium known now or in the future. In addition, to the fullest extent permitted by applicable law, you waive your moral rights and promise not to enforce such rights against the Company, its sublicences or its assigns. You represent and warrant that none of the following elements infringes any intellectual property or other rights of a third party: your provision of content to the Company, your publication of content using the Services.
Although portions of the Company Content may be viewed by simply navigating the Company’s Properties (the “General Services”), to access some of the custom astrological features and / or receive additional Content and Services from the Company (including email services based on the company) (the “Custom Services”), you need to register with us. General Services and Personalized Services are collectively referred to in these Terms of Service as the “Services.”
In consideration of the personalized Services, you accept:
(a) provide certain current, complete and accurate information about you when the Company so requests and
(b) maintain and update this information as necessary to keep it updated, complete and accurate. All the information we request and you provide in the original record, and all its updates, are mentioned in these Terms of Service as “Registration Data”.
You acknowledge that some of the Services and Content are provided by external providers and not by the Company.
The Company reserves the right to take all measures it deems necessary or reasonable to maintain the security of the website and its account, including, among others, the cancellation of your account, the change of password or the request for information to authorize transactions in his account.
WE EXPRESSLY DISCLAIM RESPONSIBILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF YOUR FAILURE TO COMPLY WITH THIS SECTION.
5.2 Eligibility. The Company does not allow the Services to be used by temporarily or indefinitely suspended users. In addition, the Company does not allow the use of the Services by residents of any jurisdiction that may prohibit our Services or (b) from any country that is prohibited by law, regulation, treaty or administrative act from establishing business relationships. with the United States or its citizens. These countries may include, among others, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan. If you do not qualify, do not use the Services.
5.3 User registration data. Once registered, including the provision of registration data, you will receive an identification of the company (“ID”) and a password. You are fully responsible if you do not maintain the confidentiality of your identification and password. You are responsible for all uses of your account, whether you expressly authorize them or not. You can change your password by following the instructions on the website. You agree that your account, ID and password can not be transferred or sold to another party. You agree to notify the Company immediately of any unauthorized use of your account or any other security breach known to you.
5.4 Access to your account. To ensure that the Company can provide high quality services, respond to the needs of users and comply with laws, you agree that Company employees and agents access your account and registration data on a case-by-case basis to investigate complaints or other accusations or suspected abuse.
5.5 Termination of your account. The Company may modify or discontinue (in whole or in part) the Services or your account with us, with or without prior notice, for any reason, without liability to you, any other user or a third party. Without limiting the foregoing, we reserve the right to terminate your account immediately if we can not verify or authenticate your Registration Data or other information provided by you, (b) if we believe that your actions may cause legal liability to you, the Company, or all or some of our other users, or (c) if we believe that (i) you have provided us with false or misleading registration data or other information, (ii) you have interfered with other users or the administration of the Services, or (iii) violated the Terms.
6. FEES AND TERMS OF PURCHASE
6.1 Payment. You agree to pay all fees or charges to your account in accordance with the rates, charges and billing terms in effect at the time a fee or charge must be paid. You must provide the Company with a valid credit card (Visa, MasterCard or any other issuer accepted by us) or PayPal account (“Payment Provider” “) as a condition of registering for any of the Customized Services. Payment governs the use of the designated credit card or PayPal account, and you should consult that agreement and not the Terms to determine your rights and responsibilities by providing the Company with your credit card or PayPal account number and associated payment information , you agree that the Company is authorized to immediately bill your account for all fees and charges due and payable to the Company hereunder and that no further notice or consent is required.You agree to notify the Company immediately of any changes in your billing address or on the credit card or PayPal account used for the payment below We reserve the right to change our pricing and billing methods at any time, either immediately after posting on Company Properties or by email to you.
6.2 Taxes The Company’s fees are net of any applicable sales tax. For the purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales revenue, which the Company may transfer to its customers, which is the functional equivalent of a tax on sales. sales where the applicable tax jurisdiction does not impose a sale or If any of the Services, or payments for Customized Services, under the Terms are subject to Sales Tax in any jurisdiction and has not remitted the Sales Tax applicable to the Company , you will be responsible for the payment of said Sales Tax and any sanction or interest related to the pertinent tax authority, and will indemnify the Company for any liability or expense that we may incur in relation to such Sales Tax. request, provide us with the official receipts issued by the competent tax authority, or other evidence that you have paid all applicable taxes.
6.3 Disputes. You must notify us in writing within seven (7) days after receipt of your credit card statement, if you dispute any of our charges in that statement or such dispute will be considered waived. Billing disputes must be notified to the following address: jchellenet @ hotmail.com.
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate the content before allowing it to be published on the website; (b) control the content; (c) alter, eliminate, reject or refuse to publish or allow any Content to be published without prior notice, for any reason or no reason; with the condition, however, that we have no obligation or liability to you for not doing so or for doing so in some particular way; and / or (d) disclose any Content, and the circumstances surrounding its transmission, to a third party to operate the Website; to protect the Company and the users and visitors of the website; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
8. UPDATES OF THE PROPERTIES OF THE COMPANY
You understand that the Company’s Properties are evolving. We can make improvements and / or changes to the website, add new features or terminate the website at any time without prior notice. As a result, the Company may require you to accept updates to Company Properties that you have installed on your computer or mobile device. You acknowledge and agree that, at any time and from time to time, the Company may update the Properties of the Company without notice or liability to you or any other person. You may also need to update third-party software from time to time to use the Company Properties. We do not guarantee that the information on the website is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow exclusions and waivers of certain implied warranties.
9. THIRD PARTY SERVICES
9.1 Third-party websites, content and advertisements. The Company Properties contain (or may be sent to you through the Company Properties) links to other websites (“Third Party Sites”), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, software and other content belonging to or from third parties (the “Third-party content”) and third-party advertising (“Third-party advertising”). When you click on a link to a third-party site or a third-party ad, we will not warn you that you have left the Properties of the company and are subject to the terms and conditions (including privacy policies) of another website or destination.
These third-party sites, third-party content and third-party advertisements are not investigated, monitored or verified for the accuracy, suitability or integrity of us, and we are not responsible for the third-party sites accessed through the company’s properties or any third-party content. o Third party advertisements published on or through Company Properties, including, but not limited to, content, validity, truthfulness, integrity, utility accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites, Content of third parties or third parties. Ads or other content on our website that is not an authorized representative of the company acting in its official capacity. Any information, statements,
9.2 Links to third-party sites or third-party content. The inclusion or link to a third party Site or any Third Party Content is solely for the convenience of the users and does not imply endorsement or endorsement by us. If you use these links, you will leave our website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to protect against viruses or other destructive elements. Under no circumstances shall the Company be liable for any loss or damage caused, directly or indirectly, by your reliance on such Third Party Content.
The Company makes no warranty or representation with respect to, nor endorses or otherwise sponsors, any linked website or the information appearing on it or any of the products or services described therein. The links do not imply that the Company is legally authorized to use any trademark, trade name, logo or copyright symbol displayed or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of the company.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS AVAILABLE OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN DISCRETION. RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
You should review the applicable terms and policies, including privacy and data collection practices, of any website you browse from the Company’s Properties.
9.4 Application stores. You acknowledge and agree that the availability of the Application (s) and associated Services depends on the third party from whom you licensed the Application, for example, the Apple iPhone or Android application stores (“App Store”). You acknowledge that the Terms are between you and the Company and not the App Store.The Company, not the App Store, is solely responsible for the Company’s Properties, including the Applications, the content thereof, and addresses any claim. To use an Application, you must have access to a wireless network, and agree to pay all fees associated with such access, and you agree to pay all fees (if applicable) charged by the App Store in relation to the Company’s properties, including the application (s) You agree to comply and your license to use the Application (s) is conditioned upon your compliance with all third party terms and conditions (for example, the terms s and policies of the App Store). ) when using Company Properties, including Applications. You acknowledge that App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
10. NO WARRANTY
YOU UNDERSTAND AND AGREE THAT
(a) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROPERTIES OF THE COMPANY ARE PROVIDED “AS IS” AND WITH ALL FAULTS. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR THE AVAILABILITY (OR THE LACK OF THE SAME), TIMELINESS (OR THE FAILURE OF THE SAME), ELIMINATIONS, INCORRECT DELIVERIES OR THE INABILITY TO STORE ANY COMMUNICATION OF MEMBERS OR CUSTOMIZATION CONFIGURATION.
(b) YOUR USE OF THE COMPANY’S PROPERTIES IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF CONTENT AND / OR DATA FROM THE PROPERTIES OF THE COMPANY. COMPANY.
(do) REPRESENTATION OR CONDITION THAT THE COMPANY’S PROPERTIES MEET YOUR REQUIREMENTS, ARE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERRORS. NO RECOMMENDATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE PROPERTIES OF THE COMPANY SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION.
(d) ANY OPINION, ADVICE, DECLARATIONS, SERVICES, OFFERS OR OTHER INFORMATION PROVIDED BY A THIRD PARTY, INCLUDING THE ADVISERS, ARE THOSE OF THE RESPECTIVE THIRD PARTY, NOT OF THE COMPANY. NEITHER THE COMPANY, OR ANY ADVISER, ARE (1) PROVIDING FINANCIAL ADVICE OR FUNCTIONING IN ANY WAY AS FINANCIAL ADVISOR WITH LICENSE; (2) PROVIDE MEDICAL ADVICE OR FUNCTIONING IN ANY WAY AS A PHYSICIAN, NURSE OR MEDICAL PRACTITIONER WITH A LICENSE; OR (3) PROVIDE LEGAL ADVICE OR FUNCTIONING IN ANY WAY AS ATTORNEY OR LEGAL ADVISER. YOU MUST CONSULT WITH A LICENSED PROFESSIONAL BEFORE TAKING ANY FINANCIAL, MEDICAL OR LEGAL DECISION.
(mi) IN PARTICULAR, BUT NOT AS A LIMITATION, THE COMPANY MAY DELETE YOUR ACCOUNT, ANY EMAIL OR OTHER COMMUNICATIONS, OR ANY OTHER INFORMATION HERE, FOR ANY REASON, INCLUDING IF THE ACCOUNT IS INACTIVE FOR MORE THAN NINETY (90) DAYS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE.
11. LIMITATIONS OF LIABILITY
(a) THE USE OR THE INABILITY TO USE THE PROPERTIES OF THE COMPANY;
(b) ANY MERCHANDISE OR SERVICE PURCHASED OR OBTAINED THROUGH THE COMPANY’S PROPERTIES, OR MESSAGES RECEIVED OR TRANSACTIONS CARRIED OUT THROUGH THE COMPANY’S PROPRIETARY PROPERTIES; OR
(c) LOSS, UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
12. COPYRIGHT INFRINGEMENT NOTICE
We will investigate notices of copyright infringement and take appropriate action under the Millennium Digital Copyright Act, Title 17, United States Code, Section 512 (c) (2) (“DMCA”). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement occurs on Company Properties or on Third Party Sites, provide, in accordance with the DMCA, written notice of the copyright infringement claimed to the Designated Agent for this website (identified below), which must contain the following elements:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
(second) A description of the copyrighted works that you claim have been infringed and the identification of what content in said work (s) is considered infringing and that you request to be removed or access to be disabled ;
(c) A description of where the content that you declare infringing is located in the Company’s Properties;
(d) Sufficient information to allow the Company to communicate with you, such as your physical address, telephone number and email address;
(e) A statement by you that you have a good faith belief that the use of the content identified in your notification in the manner complained of is not authorized by the copyright owner, its agent, or the law; Y
(f) A statement by you that the information in your notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of the copyright. Our designated agent for notification of claims of copyright infringement can be contacted as follows:
Hellenet Media SL
Eduardo Dato, 44 PA 3I
41005 Seville Spain
Email: jchellenet @ hotmail.com
The designated agent should be contacted only if you believe that your work has been used or copied in a manner that constitutes a copyright infringement and such infringement is occurring on the Company’s Properties or on Third Party Sites, or in connection with Properties of the Company. All other inquiries addressed to the Designated Agent can not be answered.
If a user of the website is considered a repeat infringer of copyright, the Company will terminate that user’s license to use the website.
You agree to indemnify, defend and hold harmless the Company and its parent companies, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants, contractors and agents (the “Parties of the Company”) from all claims and liabilities. , losses, damages and / or costs (including, among others, reasonable attorney’s fees) arising from your use of the Company’s Properties, your violation of these Terms, unsolicited information that you provide to the Company through the Website or your violation of the rights of any third party, including, among others, the infringement by you or any other user of your account of any intellectual property or other right of any person or entity. These Terms will apply to the benefit of the successors, assigns and licensees of the Company.
The website and this agreement are valid until the company terminates it. In addition to any right or remedy that may be available to the Company under applicable law, the Company may suspend, limit or cancel all or a portion of your access to the Website or any of its functions at any time with or without notice. and with or without cause and without liability to you, including without limitation, if the Company believes you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement regarding authorized use, intellectual property rights, warranty exemption, limitation of liability and compensation, as well as any other provision that due to its nature survive, will continue in effect after said termination.
You agree that if your use of the website is terminated in accordance with this Agreement, you will not attempt to use the website under any name, real or assumed. In addition, you agree that if you violate this restriction after your use of the website is terminated, you will indemnify us and exempt us from any liability we may incur in it. We reserve the right to prosecute all offenders to the greatest extent possible.
15. PRIVACY OF THE CHILD
If you are under 18, do not use or access the website. It is not our intention to collect or use personal information from persons under 18 years of age, and we will not knowingly do so. If we are informed that we have collected personal information from children under the age of 18 and we are requested to remove such information from our databases, we will do so promptly.
16. RESOLUTION OF DISPUTES; INJUNCTIVE RELIEF
Any dispute, controversy or claim arising out of, related to or in connection with these Terms or the breach, termination, execution, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be resolved by arbitration. binding in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted by a single arbitrator, selected in accordance with the JAMS rules, and the judgment on the arbitration award may be entered in any court that has jurisdiction over it. The arbitration will be held in San Francisco, California.
Notwithstanding the foregoing, either party has the right to request a provisional or preliminary relief from a court of competent jurisdiction in California to protect the rights of that party until any arbitration is completed hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of the State of California and headquarters in San Francisco, California for any procedure of this type. If either party files an action contrary to this provision, the other party may recover attorneys’ fees and costs of up to one thousand United States dollars ($ 1,000).
YOU AND WE ACCEPT THAT EACH CAN SUBMIT CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR MEMBER OF THE CLASS IN ANY CLASS OR REPRESENTATIVE PROCEDURE. YOU AND WE ALSO ACCEPT TO RENOUNCE THE RIGHT TO A JURY TRIAL.
This provision will remain in effect after the termination of this Agreement.
17. INTERNATIONAL USERS
This website can be accessed from countries around the world and may contain references to the Properties and Content of the Company that are not available in your country. These references do not imply that the Company intends to announce the Properties or Content of the Company in your country. The Company’s Properties are controlled and offered by the Company (or its licensees) from external hosting facilities located in France and the United States of America. Company Properties are not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the United States. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY PART OF IT WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES.
18. GENERAL PROVISIONS
“A GENERAL LIBERATION DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT THAT EXIST TO HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF THE KNOWLEDGE MUST HAVE MATERIALLY AFFECTED YOUR SETTLEMENT WITH THE DEBTOR.”
Residents of other states and jurisdictions relinquish their rights under laws, statutes or similar regulations.
18.4 Assignment. The Terms and their rights and obligations below, can not be assigned, subcontracted, delegated or transferred by you without the prior written authorization of the Company. consent, and any attempt at assignment, subcontract, delegation or transfer in violation of the foregoing shall be null and void.
18.5 Force majeure The Company shall not be liable for any delay or failure due to causes beyond its reasonable control, including, but not limited to, acts of force majeure, war, terrorism, riots, seizures, acts of civil or military authorities, fires, floods. , accidents, strikes or lack of means of transportation, fuel, energy, labor or materials.
18.6 Applicable law. Any dispute related to the Site or these Terms will be governed by the laws of the State of California and the United States of America. This provision will remain in effect after the termination of this Agreement.
18.7 Choice of language. The Parties expressly acknowledge that the Terms and all related documents have been drawn up in English. C’est la volonte expresse des parties that the present convention ainsi that the documents qui s’y rattachent soient rediges in anglais. The Parties expressly acknowledge that the conditions and all related documents have been drafted in English.
18.8 Notice. The Company may send you notices, including those relating to changes to the Terms, by email, ordinary mail, text messages, publications on Company Properties or other reasonable means, now known or developed in the future. When the Company requires you to provide an email address, you are responsible for providing the Company with your most recent email address. In the event that the last email address provided to the Company is not valid, or for any reason is not able to send the notices required / permitted by the Terms, the Company sends the email containing said notification, however, will constitute effective notification.
If you believe that the Company has not adhered to the Terms, please contact the Company by sending an email to jchellenet @ hotmail.com. We will do our best to address your concerns. If you believe that your claim has been addressed incompletely, we invite you to inform us for further investigation.
You can notify the Company at the following address:
Hellenet Media SLEduardo Dato, 44 PA 3Izq
41005 Seville Spain
This notification will be considered delivered when the company receives it through a letter delivered at the national level. Service of deliveries at night or prepaid mail of first class to the aforementioned address.
18.9 Resignation. No waiver, express or implied, by either party of a breach or default under this Agreement will constitute a continued waiver of such breach or default or will be considered a waiver of any prior or subsequent breach or default.
18.10 Severability. If any provision of the Terms is, for any reason, invalidated or non-enforceable, the remaining provisions of the Terms will continue to apply, and the invalid or non-applicable provision will be considered modified to be valid and enforceable to the greatest extent possible. allowed by law.
18.11 Access and download the application from iTunes. The following applies to any application that is accessed or downloaded from the Apple App Store (“App Store Font Application”):
(a) You acknowledge and agree that (i) the Terms are entered into between you and the Company only, and not Apple, and (ii) the Company, not Apple, is solely responsible for the Origin App of the App Store and the content of it. The use of the App from the App Store source must comply with the Terms of Service of the App Store.
(b) You acknowledge that Apple has no obligation to provide any maintenance and support services with respect to the App Store’s home source.
(do) In the event that the App Store Appliance Origin does not comply with the applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App Store App Source and to the maximum extent permitted by the App Store. Applicable law, Apple will have no other warranty obligation with respect to the home application of the App Store. As between the Company and Apple, any other claim, loss, liability, damage, cost or expense attributable to any breach of any warranty will be the sole responsibility of the Company.
(re) You and the Company acknowledge that, between the Company and Apple, Apple is not responsible for addressing any claims you have or any third party claims related to the App Store origin application or your possession and use of the Source App of App Store. , including, among others: (i) product liability claims; (ii) any claim that the App Store source application does not comply with applicable legal or regulatory requirements; and (iii) claims that arise under consumer protection or similar legislation.
(me) You and the Company acknowledge that, in the event that a third party alleges that the App Store source application or your possession and use of that App Store source application infringes the intellectual property rights of that third party, such as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any claim of intellectual property infringement to the extent required by the Terms.
(F) You and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of the Terms related to your App Store origin application license and that, once you accept the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms related to its App Store origin application license against you as a third party beneficiary thereof.
(g) Without limiting any other terms of the Terms, you must comply with all third party agreement terms applicable when using the App Store Source Application.
18.12 Consumer complaints. In accordance with Section 1789.3 of the Civil Code of California, you may report complaints to the Complaint Assistance Unit of the Consumer Services Division of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by phone at (800) 952-5210.
18.13 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the object of the present and substitute and merge all the previous discussions between the parties with respect to said subject.
19. CONTACT WITH COMPANY AND SHIPMENTS
If you have questions about this Agreement, or have technical questions about the operation of the website, or have any questions, suggestions, ideas, comments or recommendations about these Terms of Service, the practices of our website, or your relationships with us , contact us by email at jchellenet @ hotmail.com. Only the Company will own all rights, titles and interests, including all related intellectual property rights, with any suggestion, idea, comment, recommendation or other information provided by you in relation to the Company’s Properties and hereby assigns such shipments to the Company free of charge. load. We may use such shipments as we deem appropriate at our sole discretion.