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OUR TERMS AND CONDITIONS

Last updated: Month 8, 2016

INTRODUCTION

The wearecapicua.com websites (the "Websites") is operated by Larnick srl ("Company"). These terms of use (the "TOU") govern the use of the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. If you decline these Terms of Use, please do not use the Website.

Acceptance of TOU

YOUR USE OF THE WEBSITES OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS AND CONDITIONS.

Modification of TOU

The Company reserves the right, in its sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time without further notice. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on the Website. Please check these terms periodically for changes, as the top of this page will indicate the date these terms were last revised. Your continued use of the Website constitutes your agreement to all such terms, conditions, and notices.

When used in these Terms of Use, "we" and "our" means capicua, and "you" and "your" refers to any individual, company or legal entity that accesses or otherwise uses this Websites.

PRIVACY

Personal information provided through this Website shall be used in accordance with capicua's Privacy Policy http://www.wearecapicua.com/privacypolicy and these Terms of Use are subject to the Privacy Notice as posted on these Websites.

CONTENT

The Website present information and content including, but not limited to, the Websites design, graphics, text, formatting, sounds, pictures, articles, opinions, text, data, software applications, commentary, advertisements, graphics, illustrations, calendars, designs, games, reviews, video and audio files, programs, code, and photos, in addition to User Generated Content (as defined herein) (collectively, “Content”), that is owned or licensed by the Company and are subject to and protected by United States and international copyright and other intellectual property laws and rights.

All rights to Content not expressly granted in these TOU are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of thee company or the respective intellectual property rights owner. The company authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Web Site (including, without limitation, capicua) are the sole property of capicua and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of capicua and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of capicua and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of capicua. Capicua will enforce its intellectual property rights to the fullest extent of the law.

The websites may also include materials owned by third parties and posted on the websites by virtue of a license, grant or some other form of agreement between the third party and capicua. When used in this Agreement, “we”, “us” and “our” mean capicua.

The Content contained on the Websites is for general information use only and has not been verified by capicua. Capicua does not make any representations as to the accuracy or completeness of Content or assume any liability for any loss that may result from the reliance by any person upon any Content we provide. Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.

SERVICES

Through the Websites, you may be able to review Content (as defined herein), upload and download files, register for newsletters, purchase products, sign up for events, pay for goods and services, communicate and establish relationships, and post information, opinions and comments (collectively, the “Services”). The company reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, capicua reserves the right to permit or restrict access to Services and Websites to any user in its sole and absolute discretion.

USER GENERATED CONTENT

The Company does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Sites is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. If at any time the Company chooses, in its sole discretion, to monitor the Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.

The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, designs, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Websites or the Services (collectively, “Content”). Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that Capicua shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of the Sites and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user’s personal use.

Certain portions of the Websites may offer you the ability to send (by e-mail or otherwise) messages directly to the Company or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Websites. Capicua reserves the right, but has no obligation, to monitor disputes between you and other users.

In the event a dispute arises between you and capicua or any third party, please e-mail the Company at info@wearecapicua.com and we will work quickly towards a resolution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Links to Third Party Websites.

As between you and capicua, all Content is owned by capicua and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of capicua. Please contact us at info@wearecapicua.com with any licensing inquiries.

The Company shall not (a) be subject to any obligations of confidentiality regarding any User Generated Content except as specified in Capicua’ Privacy Policy , as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed to by us in writing or required by law; (b) be obligated to pay you or any third party any compensation for any User Generated Content; or (c) be required to respond to any of your submissions of User Generated Content.

By posting any Content on the Website, you hereby grant the Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting Content, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company all rights, title and interest as set forth herein in and to such Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Company in connection with such Content.

You agree to release Company, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums or the Services. If at any time you are not happy with the Websites or the Services or object to any Content, your sole remedy is to cease using them.

ADVERTISEMENTS AND THIRD PARTY CONTENT

Whenever we find appropiate we may incorporate advertising, information, features and services provided by other users or third parties (“Third Party Content”). Third Party Content, whether provided by us or not, does not imply any endorsement, approval, or verification by us of such Third Party Content or the policies, products or services of any third party. We do not always review Third Party Content and we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Content, the Company is not recommending the products or services of any third party. Subject to the terms of applicable service or other agreements, we may remove any Third Party Content from the Websites or Services upon written request by its owner or licensor. Please consult any and all Terms of Use and Privacy Policy applicable to Third party Content prior to using it.

SUBMISSIONS TO COMPANY

If you do submit materials and content, and unless we expressly indicate otherwise, you hereby grant capicua an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that the Company is free to use any ideas, information, concepts, and/or know-how that you or anyone acting on your behalf provide to the Company. You grant the Company the right to use the name you submit in connection with such materials or content, if capicua elects to do so. All personal information provided via this site will be handled in accordance with the site's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the materials and content you post; that the materials and/or content are accurate; that use of the materials and/or content you post or provide do not violate any provisions of the Terms of Use and will not cause injury to any individual or entity; and that you will indemnify frog for all claims resulting from materials and content you post or provide.

DMCA TAKE-DOWN PROCEDURE

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who have a good faith belief that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. Company’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Webmaster

Address: José Ellauri 1010 Montevideo, Uruguay

Email: info@wearecapicua.com

The Company suggests that you consult your legal advisor before filing a notice with the Company’s copyright agent. You should note that there can be penalties for false claims under the DMCA.

The Company may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the Websites.

In certain circumstances, the Company may not be providing or hosting the material found on the Website; rather, third parties may be providing and hosting such materials (such as videos hosted on YouTube). Such third parties may have their own DMCA Take-Down Procedures (such as YouTube (http://www.youtube.com/t/terms) or Twitter (http://twitter.com/tos)). These third party providers may be able to address your concerns, including the removal of your material from their servers (and thus, the Website).

TRADEMARKS

The Company and third party trademarks and service marks may or may not be designated as such from time to time on the Websites through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Websites, whether or not designated by such symbols, including, but not limited to, as metatags or in any other fashion without the express prior written permission of the Company.

REGISTRATION AND SECURITY

In connection with your use of the Websites, you may establish or otherwise receive from the Company user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Website.

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration forms (“Registration Info”) and maintain and promptly update the Registration Info to keep it true, accurate, current and complete. You hereby authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate regularly your Registration Info. The Company reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that the Company cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that the Company is not under any duty to inquire as to the authority or propriety of any instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that the Company shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold the Company harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the Websites. The Company reserves the right to block access to the Websites for any reason. You also agree to immediately notify the Company if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes.

For your protection, the Company may require the use of encryption technologies for certain types of communications conducted through the Websites. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

MINORS

The Company does not knowingly gather or solicit data from anyone under the age of 13 through the Websites for marketing purposes. Please see our Privacy Policy for additional information.

GENERAL

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY DOES NOT WARRANT THAT THE WEBSITE (AND/OR ITS SERVERS), OR COMMUNICATIONS SENT FROM THE COMPANY OR VIA THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE WEBSITE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Further, the Company is not responsible or liable in any manner for any Third Party Content on the Website, whether posted by the Company, by third parties, or by any of the equipment or programming associated with or utilized in the Websites, or for any Third Party Sites. The Company does not control and is not responsible for Third Party Content and is not responsible for any harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable content you may encounter on the Website or in connection with any Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Website.

LIMITATION OF LIABILITY

NEITHER capicua OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEBSITES OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITES, OR ANY INCORRECT OR INACCURATE INFORMATION ON THESE WEBSITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF capicua HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST capicua AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

IF, DESPITE THE LIMITATION ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN ITS LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless capicua, its officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Services or Websites, your breach of the terms of this Agreement, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of capicua or any other person or entity. The terms of this Agreement will inure to the benefit of capicua’ successors, assigns, licensors and licensees. The Services, the Websites and all related products are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Services, the Websites and any related products. You shall indemnify and hold harmless capicua, officers, directors, employees, consultants, agents and representatives for any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, the Websites, the Content and any related products and services. You covenant to cooperate fully in the defense of any claim.

TERMINATION

Capicua reserves the right, in its sole discretion, to suspend or terminate your access to this Web Site and prohibit any and all current and future use of this Web Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Web Site. Without limiting the foregoing, capicua has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that capicua, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Websites or use the Services. Without limiting any other rights capicua has, you understand and acknowledge that capicua, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach this Agreement.

Governing Law and Dispute Resolution.

These Terms of Use shall be governed by, and construed in accordance with, the laws of Uruguay and the State of Montevideo, without giving effect to conflicts of law principles thereof. Capicua makes no representations that the material and information on this Web Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Web Site or to these Terms of Use shall be brought exclusively in the courts residing in Montevideo. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Web Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

CONTACT

If you have any questions about these Terms of Use, please contact the Company by email at info@wearecapicua.com or:

Larnick srl

José Ellauri 1010, 7th Floor

Montevideo, Uruguay 11300

 

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