Terms and Conditions
Please read these Terms of Service (along with the Privacy Policy) completely and carefully before using www.vidacircular.lat (the "Site") and the services, features, content or applications offered. These Terms of Service set forth the legally binding terms and conditions for your use of the Site and Services.
1) Acceptance of the Conditions.
By registering for and/or using the Services in any way, including, but not limited to, visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy and, if applicable, the Data Processing Addendum) and all other operating rules, policies and procedures that we may publish from time to time on the Site, each of which is incorporated by reference and each of which may be updated from time to time without notice.
Some of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including but not limited to users who contribute content, information and other materials or services, whether registered or unregistered.
NOTICE OF ARBITRATION AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CIRCULAR LIFE WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
2) Requirements.
You represent and warrant that you have at least 18 years. If you are under 18 years of age, you may not, under any circumstances for any reason, access or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change your eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service comply with all applicable laws, rules and regulations applicable to you, and the right to access the Services is revoked to the extent that these Terms of Service or use of the Services is prohibited or to the extent that the offer, sale or provision of the Services conflicts with any applicable law, rule or regulation. In addition, the Services are provided solely for your use, and not for the use or benefit of any third party. If you register at vidacircular.lat on behalf of of an entity or third party, you represent and warrant that you have full authority to bind such entity to these Terms of Service.
3) Registration.
To use the Services, you must register for an account on the Services. You must provide accurate and complete information and keep your Account information up to date. You may not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name that is subject to the rights of a person other than you without proper authorization; or (iii) use, as a user name, a name that is offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account and for maintaining the security of your Account password. this. You may never use anyone else's user account or registration information for the Services without their permission. You must notify us immediately of any change in your eligibility to use the Services (including any change or revocation of any license from state authorities), breach of security or unauthorized use of your Account. You must never publish, distribute or post your Account login information. You will have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
4) Processing of personal data
Your personal data will be treated in accordance with the Privacy Policy of Vida Circular. Circular LifePrivacy Policy, available at https://www.vidacurcular.lat To the extent that you are a controller who provides to Vida Circular personal data of third parties concerned, including but not limited to other users of the Services, which are subject to the Regulation of the Federal Law for the Protection of Personal Data in Possession of the ParticlualresNew Law DOF 05-07-2010you agree to the terms contained in.
5) Content.
A. Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, video, audio clips, written posts and comments, software, scripts, graphics and interactive features generated, provided or otherwise accessible on or through the Services. For purposes of this Agreement, "Content" also includes all User Content (as defined below).
B. User Content. Circular Life shall not be responsible for any Content added, created, uploaded, submitted, distributed or posted on the Services by users (collectively, "User Content"), whether privately posted or transmitted. You represent that all User Content provided by you is accurate, complete, current and complies with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, that you access using the Services is at your own risk and is provided by you at your own risk.
that you will be solely responsible for any damage or loss suffered by you or any other party as a result. We do not warrant that any Content you access on or through the Services is or will remain accurate.
C. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Services.
D. License to Use. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, non-sublicensable license to use the Services. sublicensable and non-transferable license to use (i.e., download and display locally) the Content solely for purposes of using the Services. You are expressly prohibited from using, reproducing, modifying, distributing or storing any Content for purposes other than use of the Services without our prior written permission. You will not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that infringes the rights of any third party.
E. Availability of Content. We do not guarantee that any Content will be available on the Site or through the Services. We reserve the right, but have no obligation, to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice and for any reason (including, but not limited to, receipt of claims or allegations from third parties or authorities regarding such Content or if we are concerned that you may have violated these Terms of Service, or for any reason whatsoever and (ii) remove or block any Content from the Services.
6) Standards of conduct.
A. As a condition of use, you agree not to use the Services for any purpose prohibited by these Terms of Service. You are responsible for all of your activity, and all activity connected to your Account in connection with the Services (including, without limitation, your communications to and collection of data from other users of the Services).
B. You will not (and will not permit any third party to) (a) take any action or (b) upload, download, post, publish, submit or otherwise distribute or facilitate the distribution of any Content, including without limitation User Content, on or through the Services that:
i. infringes any patent, trademark, trade secret, copyright,
right of publicity or other right of any other person or entity, or violates any law, rule or regulation (whether domestic, foreign or international) or contractual duty;
ii. violates these Terms of Service
iii. that you know to be false, misleading, deceptive, untrue, or inaccurate .
iv. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, harmful, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
v. constitutes unauthorized or unsolicited advertising, junk or mass mailing ("spamming");
vi. contains computer viruses or any other computer code, files or programs designed or intended to disrupt, damage, limit or interfere with the proper working of any software, hardware or telecommunications equipment, or to damage or gain unauthorized access to any system, data, password or other information of ours or any third party;
vii. impersonates the identity of any person or entity, including our employees or representatives; or
viii. include identification documents or confidential financial information of any person.
C. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services; (iii) circumvent, bypass, circumvent or attempt to circumvent or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of automated response or "spam" on the Services; ( v) use software, devices or other manual or automated processes to "crawl" or "scrape" any page of the Site; ( vi) harvest or scrape any Content from the Services; or (vii) take any other action that violates our guidelines and policies.
D. You may not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms from any part of the Services (including without limitation any application), except to the limited extent that applicable law specifically prohibits such restriction, (ii) modify, translate or otherwise create derivative works from any part of the Services, or (iii) copy, rent, lease, distribute or otherwise transfer any of the rights you receive hereunder. You shall comply with all applicable local, state and federal laws and regulations,
national and international regulations.
E. We also reserve the right to access, read, preserve and disclose any information that we deem reasonably necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations of these Terms of Service, (iii) detect, prevent, or otherwise address fraud, security or technical problems, (iv) respond to user requests for assistance, or (v) protect the rights, property or safety of us, our users and the public.
7) Third-party services.
The Services may allow you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such links does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
8) Warranty and other disclaimers.
A. We have no special relationship or fiduciary duty to you. You acknowledge that we have no obligation to take any action with respect to:
i. which users access the Services;
ii. what Content you access through the Services; or
iii. how you can interpret or use the Content.
B. You release us from any and all liability for your acquisition or non-acquisition of Content through the Services. We are not responsible for any Content contained in or accessed through the Services, and we shall not be responsible for the accuracy, copyright compliance or legality of any material or Content contained in or accessed through the Services.
C. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED IN ANY COURSE OF PERFORMANCE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED IN ANY COURSE OF PERFORMANCE.
PERFORMANCE OR COMMERCIAL USE, ALL OF WHICH ARE EXPRESSLY EXCLUDED. WE AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
D. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IN PARTICULAR, OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPGRADES, SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR LOSS OF DATA. WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES CAUSED BY SUCH INTERRUPTIONS OR MALFUNCTIONS, OR FOR THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO CIRCULAR LIFE. WE ALSO DISCLAIM ALL LIABILITY FOR MALFUNCTIONS, IMPOSSIBILITY OF ACCESS OR POOR CONDITIONS OF USE OF THE SERVICES DUE TO INADEQUATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, INTERNET NETWORK SATURATION AND ANY OTHER REASON.
9) Indemnification.
You will defend, indemnify and hold us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives harmless from and against all liabilities, claims and expenses, including reasonable attorneys' fees, arising out of or related to your use or misuse of the Site, the Services, the Content, or access thereto, or otherwise of your User Content, your violation of these Terms of Service, or the infringement by you, or any third party using your Account or identity on the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
10) ARBITRATION CLAUSE AND CLASS ACTION WAIVER - IMPORTANT - REVIEW IT AS IT AFFECTS YOUR LEGAL RIGHTS:
ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND CIRCULAR LIFE OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITIES AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH RESPECT TO YOUR RELATIONSHIP WITH CIRCULAR LIFEINCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE SIMPLIFIED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. 'S SIMPLIFIED ARBITRATION RULES AND PROCEDURES THEN IN EFFECT, AND YOU AND CIRCULAR LIFE EXPRESSLY WAIVE A JURY TRIAL; PROVIDED, HOWEVER, THAT TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF CIRCULAR LIFES INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND APPEAL RIGHTS IN ARBITRATION. APPELLATE RIGHTS IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A TRIAL, AND OTHER RIGHTS THAT YOU AND CIRCULAR LIFE MAY HAVE IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A TRIAL. CIRCULAR LIFE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IN THE ALTERNATIVE, YOU MAY FILE YOUR CLAIM IN THE LOCAL "SMALL CLAIMS" COURT, IF PERMITTED BY THE RULES OF SUCH SMALL CLAIMS COURT AND IF YOU ARE WITHIN THE JURISDICTION OF SUCH COURT, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR CIRCULAR LIFE WILL PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION FOR ANY CLAIM COVERED BY THIS ARBITRATION AGREEMENT. YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST CIRCULAR LIFEINCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or in consolidated claims involving another person's account, if you Circular Life is a party to the proceeding. This dispute resolution provision shall be governed by the Federal Arbitration Act and not by any state law relating to arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred sixty (160) days of the filing of the case, Vida Circular or you may elect to have the arbitration administered by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered by any court with the authority of the American Arbitration Association.
competent jurisdiction. The arbitration shall be conducted in the English language. Notwithstanding any provision of applicable law, the arbitrator shall have no authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, relating to or connected with use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
30-day waiver period. If you do not wish to be bound by the arbitration and class action waiver provisions of this Section 15, you should notify Circular Life in writing within 30 days of the date you first accept these Terms of Service (unless applicable law requires a longer period). Your written notice must be sent to Circular Life at the following address: 228 Park Ave S, PMB 96490, New York, NY 10003-1502. If you fail to notify Circular Life in accordance with this Section 15(b), you agree to be bound by the arbitration and class action waiver provisions of these Terms of Service, including such provisions in any revised Terms of Service after the date of your first acceptance. Such notice shall include: (i) your name; (ii) your e-mail and mailing addresses; and (iii) a statement that you do not wish to resolve disputes with Circular Life through arbitration. If Vida Circular makes any change to the Arbitration and Class Action Waiver section of these Terms of Service (other than a change in the address at which we will receive dispute notices, opt-out notices or rejections of future changes to the Arbitration and Class Action Waiver section), you may reject any such change by sending to Circular Life written notice to Vida Circular within 30 days of the change to the address listed in this Section 15(b). This notice affects only these Terms of Service; if you have previously entered into other arbitration agreements with Circular Life or enter into other such agreements in the future, your notice that you are waiving the arbitration provision of these Terms of Service will not affect any other arbitration agreements between you and Vida Circular.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is held to be unenforceable, then all preceding language in this Arbitration and Class Action Waiver section shall be null and void. This agreement to arbitrate shall survive the termination of your relationship with Circular Life.
11) Limitation of liability.
IN NO EVENT SHALL WE, OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF GOODS OR SERVICES, OR (II) FOR ANY LOSS OF PROFIT, LOSS OF DATA, COST OF PROCUREMENT OF GOODS OR SERVICES, OR (III) FOR ANY LOSS OF PROFIT, LOSS OF DATA, COST OF PROCUREMENT OF GOODS OR SERVICES.
SUBSTITUTE SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND (HOWEVER ARISING), (II) FOR ERRORS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), OR (III) FOR ANY DIRECT DAMAGES.
12) Modifications.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or to change, suspend or discontinue the Services (including, without limitation, the availability of any feature, database or content) at any time by posting a notice on the Site or by sending you a notice through the Services, by email or by other appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Although we will provide you with timely notice of changes, it is also your responsibility to periodically check these Terms of Service for changes. Your continued use of the Services following notice of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services in the future. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
13) Miscellaneous.
A. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure is due to a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
B. Agency. No agency, partnership, joint venture or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
C. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service shall be in writing and shall be deemed duly given when received, if delivered personally or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after mailing, if sent for overnight delivery by a recognized overnight delivery service. Electronic notices must be sent a [email protected].
D. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to subsequently enforce that or any other part of these Terms of Service. The
waiver of compliance in a particular instance does not mean that we will waive compliance in the future. For any waiver of these Terms of Service to be binding, we must notify you in writing through one of our authorized representatives.
E. Headings. The section and paragraph headings in these Terms of Service are included for convenience only and shall not affect their interpretation.