THESE TERMS OF USE AFFECT YOUR RIGHTS; THEREFORE, YOU MUST READ THEM CAREFULLY
Acceptance of the Terms of Use.
These Terms of Use rules the use of the content and
functions available through the domain names topiaapp.com and
itlatinoamerica.com as well as applications downloaded from the Play Store and
Apple Store called Topia or Topia app and any website operated by IT
Latinoamerica. By using, visiting or navigating the Website and/or
applications, you agree to be bound by these Terms of Use. If you do not agree
to these Terms of Use, you must not use the Website or the mentioned
applications. These Terms of Use constitute a continuing contract between you
and IT Latinoamerica and its Topia brand and apply to your use of the
aforementioned Websites and applications. These Terms of Use affect your
rights; therefore, you should read them carefully.
MODIFICATION OF THE TERMS OF USE
IT
Latinoamerica and its Topia brand reserve the right
to modify these Terms of Use in a timely manner, with or without prior notice,
at their sole and absolute discretion. The most recent version of the Terms of
Use can be consulted by clicking on "Terms of Use", which is located
at the bottom of the pages of the Website. The most recent version of the Terms
of Use supersedes all previous versions. Your use of the Websites and
applications of topiaapp.com, topia or topia App and itlatinoamerica.com once
the modifications have been made implies that you agree to be bound by those
modifications.
PRIVACY AND PERSONAL INFORMATION
IT Latinoamerica through its Topia brand has assumed
the commitment to protect the privacy of the personal information that you
provide on our Website and/or mobile applications. All information sent on the Website
and/or mobile applications is subject to the Privacy Policy, whose terms will
be incorporated to the herein. You must consult the Privacy Policy to
understand our practices. The date of any change to our Privacy Policy will
appear at the bottom of our Privacy Policy. You can consult the Privacy Policy
by clicking on "Privacy", which is located at the bottom of the pages
of the Website.
YOUR ACCOUNT
If you register an account on the Website and/or
mobile applications, you assume responsibility for maintaining the
confidentiality of your account and password, and for restricting access to
your account, and you agree to accept responsibility regarding to all activities
that occur under your account or password. The Website and/or mobile
applications sell services to adults, who can make the purchase with a credit
card. If you are under 18 years of age, you may navigate the Website and/or
mobile applications, but you may not register an account, purchase services, or
participate in any promotions. IT Latinoamerica and its Topia brand reserve the
right to deny service, terminate an account, or remove or edit content, at its
sole discretion.
The User acknowledges that private information found
on subscriber users (solution operators) may lead to piracy activities if this
information is disclosed. Therefore, it will be the exclusive responsibility of
the Administrator of the residential park, offices, apartments, etc. to ensure
secrecy of information, reliability of personnel, and ensure that no piracy
activities of your own personnel will take place unless approved by the
subscribing user in writing and only to prove a concept or show a
vulnerability. The User will not resell the Products, Services, Information, or
their derivatives to third parties. The User may only use the Platform to
provide subscription-based services to its Subscribers. The user will not
reproduce, use reverse engineering, copy, modify nor create a service with the
same ideas, features or functions of this Service, or any part thereof, for own
use or for third parties. This clause will remain in effect even after the
termination of this Agreement.
YOUR ACCEPTANCE
BY USING AND/OR VISITING THE WEBSITE or mobile
applications, YOU STATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS (the
"Terms of Use") AND THE TERMS AND CONDITIONS OF THE PRIVACY NOTICE OF
IT Latinoamerica and its Topia brand, WHICH ARE INCORPORATED HEREIN FOR ITS
SOLE MENTION. If you do not agree with any of these terms, do not use the
Website or mobile applications of IT Latinoamerica and/or Topia app.
You accept to receive calls, notifications and text
messages by automated means. Signing up to receive calls and text messages is
not a condition of purchase
WEBSITE AND MOBILE APPLICATIONS OF IT LATINOAMERICA
AND/OR TOPIA APP
These Terms of Use apply to all users of the Website,
including those who also contribute with video content, information, and any
other materials or services on the Website. The Website may contain links to
third-party websites, which are not owned by IT LATINOAMERICA nor are they
under its control. IT LATINOAMERICA does not control the content, privacy
policies or practices of any third-party website, nor assume any responsibility
for them. In addition, IT LATINOAMERICA will not monitor or edit the content of
any third party website, nor can do so. By using the Website, you expressly
release IT LATINOAMERICA and its Topia app brand from any liability arising
from the use you make of any third-party website. Therefore, we encourage you
to be aware when you leave the Website and to read the terms and conditions,
and privacy policy of any other website you visit.
ACCESS TO THE WEBSITE
IT LATINOAMERICA hereby grants you permission to use
the Website and/or applications as established in these Terms of Use, as long
as: (i) you use the Website and/or applications as authorized, for your
personal and non-commercial usel; (ii) you do not copy or distribute any part
of the Website and/or applications by any mean, without prior written
authorization of IT LATINOAMERICA; (iii) you do not alter or modify any part of
the Website and/or applications, except as it results reasonably necessary to
use the Website and/or applications for their intended purpose; and (iv) you
comply with the terms and conditions of these Terms of Use
To access some features of the Website and/or
applications, you must create an account. You must not use the account of any
other person without permission under any circumstances. When creating your
account, you must provide accurate and complete information. Usted es el único responsable de la
actividad que ocurre en su cuenta y debe mantener segura la contraseña de su
cuenta. You must immediately notify IT LATINOAMERICA of any
breach of security or unauthorized use of your account. Although IT
LATINOAMERICA will not assume any responsibility for the losses caused by the
unauthorized use of your account, it is possible that you may be responsible for
the losses caused to IT LATINOAMERICA or others due to such unauthorized use.
You agree not to use or launch any automated system,
such as "robots", "spiders", "offline readers",
etc. that access the Website and/or applications in order to send more request
messages to the servers of IT LATINOAMERICA in a certain period than a person
could reasonably produce in the same period through the conventional use of the
online web browser and/ or applications. Notwithstanding the foregoing, IT
LATINOAMERICA grants public search engines operators permission to use spiders
to copy materials from the site for the sole purpose of creating search indexes
available to the public, but not caches or archives of such materials. IT
LATINOAMERICA reserve the right to revoke such exceptions either in general or
in specific cases. You agree not to collect or store any personally
identifiable information, including names from the account, the Website and/or
applications, or to use the communication systems provided by the Website for
commercial offerings. You agree not to make to any user of the Website and/or
applications offers for commercial purposes regarding to the Information
Submitted as a User.
LIMITATION
OF LIABILITY
IT LATINOAMERICA, AND ITS EXECUTIVES, DIRECTORS,
EMPLOYEES OR AGENTS, WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
ARISING FROM (I) ERRORS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURIES OR
PROPERTY DAMAGES OF ANY KIND ARISING FROM ACCESS TO AND USE OF OUR WEBSITE
AND/OR APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED IN THESE, (IV) ANY
INTERRUPTION OR CANCELLATION OF THE TRANSMISSION TO AND FROM THE WEBSITE, (V)
ERRORES, VIRUS, TROYANOS, ETC. ERRORS, VIRUSES, TROJANS, ETC. WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY A THIRD PARTY AND/OR (VI) ERRORS OR OMISSIONS IN ANY
CONTENT OR REGARDING TO LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT PUBLISHED ON THE IT LATINOAMERICA WEBSITE AND/OR
APPLICATIONS, WHETHER BASED ON AN ASSUMPTION OF LIABILITY FOR WARRANTY,
CONTRACT, NON-CONTRACTUAL, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR
NOT IT LATINOAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF THEM OCCURRING. THE
FOREGOING LIMITATION WILL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT IT LATINOAMERICA
WILL NOT BE RESPONSIBLE FOR SENDINGS OF INFORMATION BY THE USER OR FOR
DEFAMATORY, OFFENSIVE OR ILLEGAL BEHAVIOR BY THE USER OR A THIRD PARTY, AND
THAT, YOU ASSUME THE ENTIRE RISK OF SUFFERING HARMS AS A RESULT.
IT LATINOAMERICA offers and controls the Website and
applications through its facilities in the United States of America. IT
LATINOAMERICA does not give a statement that the IT LATINOAMERICA Website
and/or applications is suitable or available for use in other locations. Those
persons who access the IT LATINOAMERICA Website and/or APPLICATIONS or use it
from other jurisdictions do so at their sole discretion and are responsible for
compliance with local laws.
INDEMNITY
You agree to defend, indemnify and hold IT
LATINOAMERICA, and its parent companies, affiliates, executives, directors,
employees and agents, unscathed from any claim, damage, obligation, loss,
liability, cost or debt, and expense (including, for example, attorneys' fees)
arising from: (i) your access to the Website and/or applications or the use of
these; (ii) a breach by you of any term of these Terms of Use; (iii) a
violation by you of a third-party right, such as a copyright, property, or
privacy right; or (iv) any claim that any Information submitted as User from
your part is offensive, defamatory, obscene or objectionable in another way, or
that you have caused harm to a third party.
ABILITY TO ACCEPT THE TERMS OF USE
You affirm that you are over 18 years of age or an
emancipated minor, or have the legal consent of your parent or guardian, and
that you have full capacity to accept the terms, conditions, obligations,
affirmations, statements and warranties set forth in these Terms of Use, and to
be bound by these Terms of Use. In any case, you affirm that you are over 18,
since the Website of IT LATINOAMERICA AND/OR TOPIA APP is not intended for
people under 18. If
you are under 18 years of age, do not use the Website of IT LATINOAMERICA
AND/OR TOPIA APP. Talk to your parents about which sites are right for you.