EULA
End User License Agreement ("Agreement")
Please read this End User License Agreement carefully before clicking the "I Accept" button, downloading, or using. Ciegomontero.com
Interpretation and definitions
Interpretation
The words whose initial letter is capitalized have defined meanings under the following conditions.
The following definitions will have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of this End User License Agreement:
Agreement means this End User License Agreement which constitutes the entire agreement between you and the Company regarding the use of the Application.
Application means the software program provided by the Company, accessible directly from the web browser and designed to offer an experience similar to a native application on any compatible device. This solution, called Ciegomontero.com, does not require downloading from an app store and can optionally be installed from the browser for quicker access.
The Company (referred to in this Agreement as "the company," "we," "us," or "our") refers to www.caribedeportes.com
The content refers to content such as text, images, or other information that you may post, upload, link to, or otherwise make available, regardless of the form of that content.
Country refers to: Canada.
Device means any device that can access the Application, such as a computer, a mobile phone, or a digital tablet.
Family/group sharing allows you to share access to the progressive application, provided through the browser, with other family members, enabling them to use and access the Application from their compatible devices without the need to download from an app store.
Third-party services means any service or content (including data, information, applications, and other product services) provided by a third party that may be displayed, included, or made available through the Application.
You means the individual who accesses or uses the Application or the company or other legal entity on behalf of which such individual accesses or uses the Application, as applicable.
Recognition
By clicking the "I Accept" button, downloading, or using the Application, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click the "I Accept" button, do not download or use the Application.
This Agreement is a legal document between you and the Company and governs your use of the Application made available to you by the Company.
This Agreement is established solely between You and the Company. Therefore, the Company is the only responsible party for the Application and its content.
Since other Customers may access and use the Application through, for example, Family Sharing/group sharing or volume purchases, the use of the Application by such Customers is expressly subject to this Agreement.
The Company grants you a license for the Application, but does not sell it, for your use strictly in accordance with the terms of this Agreement.
License
Scope of the license
The Company grants you a revocable, non-exclusive, non-transferable, and limited license to download, install, and use the Application, strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that you own or control.
The license that the Company grants you is solely for your personal and non-commercial purposes, strictly in accordance with the terms of this Agreement..
License restrictions
You agree not to do it and will not allow others to do so:
- License, sell, rent, lease, assign, distribute, transmit, host, subcontract, disclose, or otherwise commercially exploit the Application or make the Application available to third parties.
- Copying or using the Application for any purpose other than that permitted in the previous section "License".
- Modify, perform work derived from disassembling, decrypting, compiling, or reverse engineering any part of the Application.
- Remove, alter, or hide any proprietary notice (including any copyright or trademark notice) of the Company or its affiliates, partners, suppliers, or licensors of the Application.
Content
Content restrictions
The Company is not responsible for the entries, information, or content of the Application's Clients. You understand and expressly agree that you are solely responsible for the Content and for all activity that occurs in your account, whether it is performed by you or any third party using your account.
You may not transmit any Content that is illegal, offensive, disturbing, intended to cause disgust, threatening, defamatory, obscene, or otherwise objectionable.
Some examples of such objectionable Content include, among others, the following:
- Illegal activity or that promotes illegal activities.
- Defamatory, discriminatory, or malicious content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin, or other specific groups.
- Spam, generated by machine or randomly, that constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- To contain or install any virus, worm, malware, Trojan, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or gain unauthorized access to any data or other information of a third party.
- Infringe any property right of any party, including patents, trademarks, trade secrets, copyrights, right of publicity, or other rights.
- Impersonating any person or entity, including the Company and its employees or representatives.
- Violate the privacy of any third party.
- False information and characteristics.
The Company reserves the right, but not the obligation, in its sole discretion, to determine whether any Content is appropriate and complies with this Agreement, to reject or remove any Content. The Company also reserves the right to make modifications and changes to the format and form of any Content. The Company may also limit or revoke your use of the Application if you post such objectionable Content.
As the Company cannot control all the content published by Customers and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application, you may be exposed to content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will the Company be responsible in any way for any content, including any errors or omissions or any loss or damage of any kind incurred as a result of the use of any content.
Intellectual property
The Application and including, among others, all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, are and will continue to be the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend you with respect to any third-party claims arising from or related to the Application. To the extent that the Company is required to provide indemnification under applicable law, it shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Application or your use of it infringes the intellectual property rights of third parties.
Your suggestions
Any opinion, comment, idea, improvement, or suggestion that you provide to the Company regarding the Application will remain the sole and exclusive property of the Company.
The Company will have the freedom to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any manner without any credit or compensation to You.
Modifications to the Application
The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service it connects to, with or without prior notice and without liability to You.
Application Updates
The Company may, from time to time, provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, enhancements, and other modifications.
Updates may modify or remove certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide Updates, or (ii) continue providing or enabling particular features and/or functionalities of the Application.
In addition, you agree that all updates or any other modifications (i) will be considered an integral part of the Application and (ii) will be subject to the terms and conditions of this Agreement.
Third-party services
The Application may display, include, or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services.
You acknowledge and agree that the Company will not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company assumes no responsibility and will have no liability to you or any other person or entity for Third-Party Services.
You must comply with the applicable third-party Terms and Conditions when using the Application. Third-party Services and links to them are provided solely for your convenience, and you access and use them entirely at your own risk and subject to the Terms and Conditions of such third parties.
Privacy Policy
The Company collects, stores, maintains, and shares information about you in accordance with our Privacy Policy: www.caribedeporteds.com
By accepting this Agreement, you acknowledge that you accept and consent to the terms and conditions of our Privacy Policy.
Deadline and termination
This Agreement will remain in effect until you or the Company terminate it. The Company may, at its sole discretion, at any time and for any reason or for no reason at all, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, if you fail to comply with any of its provisions. You may also terminate this Agreement by removing the Application and all copies of it from your Device or computer.
Upon termination of this Agreement, you must stop using the Application and delete all copies of the Application from your Device.
The termination of this Agreement shall not limit any of the Company's rights or remedies at law or in equity in the event of your breach (during the term of this Agreement) of any of your obligations under this Agreement.
Compensation
You agree to indemnify and hold harmless the Company and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) from any claim or demand, including reasonable attorney's fees, arising out of or related to your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any third-party rights.
No guarantees
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all defects and faults without any warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise from the course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company makes no warranty or commitment and makes no representations of any kind that the Application will meet your requirements, achieve the intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the above, neither the Company nor any of the Company's suppliers make any representations or warranties of any kind, express or implied:
(i) regarding the operation or availability of the Application, or the information, content, and materials or products included therein; (ii) that the Application will be uninterrupted or error-free; (iii) regarding the accuracy, reliability, or timeliness of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojans, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable legal rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. However, in such cases, the exclusions and limitations set forth in this section 11 will apply to the fullest extent permitted by applicable law. To the extent that there is any warranty under the law that cannot be disclaimed, the Company will be the sole responsible party for such warranty.
Limitation of liability
Without prejudice to any damages you may suffer, the total liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the above shall be limited to the amount actually paid by you for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising from or related in any way to the use or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose..
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply in your case.
Divisibility and Exemption
Divisibility
If any provision of this Agreement is deemed unenforceable or invalid, that provision shall be modified and interpreted to achieve the objectives of that provision to the fullest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.
Exemption
Except as provided in this document, the failure to exercise a right or to demand the performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or demand such performance at any later time, nor shall a waiver of a breach constitute a waiver of any subsequent breach.
Reclamaciones
The Company does not offer any warranties of any kind in relation to the Application. In the event that you have any claims arising from or related to your use of the Application, the Company is responsible for addressing such claims, which may include, among others: (i) any claim for product liability; (ii) any claim that the Application does not comply with any applicable legal or regulatory requirement; and (iii) any claim arising from consumer protection or similar legislation.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is substantial, we will notify you at least 30 days in advance before the new terms take effect. What constitutes a substantial change will be determined at the sole discretion of the Company.
If you continue to access or use the Application after the revisions take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you will no longer be authorized to use the Application.
Law that governs
The applicable law is that of Canada, as well as the Canadian regulations and legislation that may apply.
Full agreement
The Agreement constitutes the complete agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when you use or purchase services from another Company, which the Company will provide to you at the time of such use or purchase.
Contact us
If you have any questions about this Agreement, you can contact us:
By email: help@caribedeportes.com