Terms

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. BEFORE USING THE WEBSITE AND THE SERVICE, PLEASE READ ALL THE DOCUMENTS THAT MAKE UP THIS AGREEMENT. AS USED IN THIS AGREEMENT, THE TERMS "YOU" AND/OR "YOUR" SHALL REFER TO ANY PERSON USING OUR WEBSITE AND/OR SERVICES AND, IF YOU ARE ALREADY A MEMBER, TO ANY PERSON AUTHORIZED TO USE YOUR CONTAK.ME ACCOUNT.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE OR THE SERVICES PROVIDED THEREBY.

Introduction

CONTAK.ME is a Website designed for you to contact and meet other persons. It allows you to share information and provides its users with a wide variety of services and tools. The Website, as well as the material and services provided therein (the "Services") are owned and operated by CONTAK.ME.

Use of the Website

THE WEBSITE AND THE SERVICES PROVIDED THEREIN ARE AIMED AT INDIVIDUALS HAVING 14 YEARS OLD AND HAVING LEGAL CAPACITY IN THE JURISDICTION WHERE THEY ARE LOCATED. THE WEBSITE AND THE SERVICES PROVIDED THEREIN ARE TO BE USED EXCLUSIVELY FOR PERSONAL AND NOT COMMERCIAL PURPOSES.

By using the Services and accessing the Website, the user agrees:

(a) Refrain from violating any applicable international, state or federal laws;

(b) Refrain from using the Services provided through this Website to send spam, bulk e-mail, unwanted e-mail or any other material to any other user of the Website or to any other individual or entity;

(c) Refrain from using the Services provided on this Website to threaten, harass or otherwise bother other users of the Website;

(d) Refrain from using the Services provided on this website to harm minors in any way;

(e) Refrain from using the Website to post any content that is obscene, vulgar, offensive or harmful in nature as well as any content that contains nudity or is gratuitously violent, explicitly sexual, defamatory, libelous or any content that violates the copyrights, trademarks, patent rights or any other intellectual property right of CONTAK.ME or any third party.

(f) Refrain from interfering with the use of the Website by other users;

(g) Refrain from using the Services provided on this Website to invade other people’s privacy or to collect or use an individual’s private or personal information, or to gain or attempt to gain unauthorized access to other computer systems through this Website; and

(h) Refrain from using the Services provided on this Website to create a false identity or to impersonate another person.

In the event of a violation of any of the above rules of conduct, or if the user engages in any other offensive conduct, we reserve the right, at our sole discretion, to suspend or terminate the user's right to use our Services through this Website.

Posted Content

You may upload, post, distribute and disclose any content or material (including, among others, photographs and pictures taken by the user, captions and comments) or email us material (including, among others, photographs taken by you, articles written by you, captions and comments), which we, at our sole discretion, may post on the Website (collectively, the "Posted Content"). You hereby grant CONTAK.ME the right (including and/or waiving all moral rights) and license to use the Posted Content on the Website and to promote and advertise the Website and the Services in any way.

If you are not the holder of any of such rights, you guarantee that the holder thereof has effectively and fully assigned such rights to you and has given you an irrevocable and valid authorization to grant the above license. You acknowledge and agree that you are fully responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you, except when expressly authorized by the holder. You are responsible for your own postings and any consequences thereof. You agree not to perform any of the following acts:

(a) post any copyrighted material or trademark, unless you are the owner of such copyrights or trademarks or except when the owner of such rights and trademarks has given you authorization to post them (including the required consents);

(b) post any material that reveals a trade secret, unless you own it or have the owner’s permission to post it;

(c) post any material that infringes any third-party’s intellectual property rights or violates any confidentiality or publicity rights of others;

(d) post any illegal, obscene, pornographic, sexual, indecent, libelous, threatening, abusive or hateful material against any other user or any other individual or entity;

(e) transmit chain letters or pyramid schemes; or

(f) post any material that contains viruses, Trojan horses, worms, time bombs or any computer program, routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

(g) refrain from using the Website to post any content featuring persons under 18 years of age.

CONTAK.ME is not responsible for the truthfulness, accuracy or reliability of any Posted Content.

Opinions expressed by the users are the sole responsibility of their authors, therefore any use you make of the contents posted by other users is entirely at your own risk. CONTAK.ME does not guarantee that every user is the person he or she claims to be. CONTAK.ME makes every effort to prevent the misuse of the Posted Content.

The website shall assume no responsibility for any misuse of the Content. Because CONTAK.ME is not involved in user-to-user dealings and does not control the behavior of participants on the Website, in the event that you have a dispute with one or more users, you agree to release CONTAK.ME from any claim, suit or damage (actual or consequential, direct or indirect) of any kind or nature, whether known or unknown, hidden, evident, foreseeable or unforeseeable, arising out of or in any way connected with such dispute.

CONTAK.ME acts as a passive conduit for the Posted Content and has no obligation to monitor the Posted Content. If the website becomes aware of any Posted Content that potentially does not comply with the Terms of Use, CONTAK.ME may investigate the allegation and determine at its sole discretion whether to take action pursuant to the Terms of Use. CONTAK.ME has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable or mislabeled. CONTAK.ME expects that you will use caution and common sense when using the Website and the Services.

Copyrights, Trademarks and other Intellectual Property Rights

Any content posted on the Website by a member shall be the property of such member. Any other material and content contained on this Website, including, among others, copyrights, trademarks, text, graphics, images, logos, articles, videos, animations, digital and audio clips, photographs, illustrations, icons and the compilation of all the content on this Website, are the property of CONTAK.ME and are protected by international copyright laws. You may not copy, reproduce, republish, display, transmit or distribute in any way whatsoever the material on this Website without the prior written consent of CONTAK.ME and/or the member concerned. These activities must be carried out in accordance with the licensing terms established for the different contents, which shall be expressly specified for each content. However, you may download and use the material available on this Website for personal noncommercial use or as otherwise permitted by law, provided that (a) you keep intact all notices about copyrights or trademarks, author attributions and other proprietary right notices; (b) you make no modifications to the material used, unless authorized by the author of the material, and (c) you do not download quantities of materials to a database that can be used to avoid future downloads from this Website. Except for the authorization to use this Website for personal use and as described above, users are not granted any license or other right from CONTAK.ME, including the intellectual property rights and other proprietary rights of CONTAK.ME or any third parties. Infringement of Copyrights

If you believe that a work on the Website constitutes infringement of your copyright or other intellectual property rights, please submit the name of your Designated Agent together with a written notice containing the following information:

(a) evidence that you are authorized to act on behalf of the owner of the copyrighted work;

(b) a description of the copyrighted work that you claim has been infringed;

(c) a description of the where the alleged infringing material is located on the Website, including the permalink where the material is located;

(d) your address, telephone number, and e-mail address;

(e) a statement by you that you believe in good faith that the disputed use has not been duly authorized by the copyright owner, its agent, or the law;

(f) a statement by you, signed under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyrights or that you are authorized to act on the owner's behalf; and

(g) your electronic or handwritten signature.

CONTAK.ME`s designated agent for all claims of copyright infringement can be contacted at legal@contak.me.

Content Removal

CONTAK.ME HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST CONTAK.ME FOR SUCH REMOVAL AND/OR DELETION. CONTAK.ME IS NOT RESPONSIBLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS THE USER TRANSMITS THROUGH THIS WEBSITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION DISPLAYED ON THIS WEBSITE.

By disclosing any information, idea, suggestion or other material through this Website, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, CONTAK.ME by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by CONTAK.ME

Membership

To access some of our Services you will have to become a member and complete an online registration form. You agree that all information submitted by you ("Membership Information") is true and complete, and that you will update such information in order to keep it true and complete.

Security and Password

Upon becoming a member of this Website, you will create a password. You are solely responsible for any use or action taken under your password on this Website. Your password may be used only to submit Posted Content, review information regarding potential or completed transactions or otherwise access and use the Website and Services in accordance with these Terms and Conditions. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use the account). You accept full responsibility for all transactions and any other activity carried out or conducted through your account and you agree to and hereby release CONTAK.ME from any and all liability concerning such activity or transaction. You agree to notify the Website immediately of any actual or suspected loss, theft or unauthorized use of your account or password. CONTAK.ME has no obligation to inquire as to the authority or propriety of any use or activity carried out under your password and will not be responsible for any loss to you arising from any such use or activity or from your failure to comply with the above. CONTAK.ME will take all reasonable security precautions when using the Internet, telephone or other means to transmit data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communication by unauthorized persons or entities.

Privacy

Please review our Privacy Policy, which governs the use of personal user information.

Modifications

CONTAK.ME may modify the Agreement (including these Terms and Conditions and the Privacy Policy and the Services), or any of the policies or guidelines governing the Website, at any time and in its sole discretion, by posting such modifications on the Website. The modifications shall become effective on the date of such posting or on any other date expressly specified. You agree to review the Agreement periodically so that you are aware of any modification. The fact that the user continues to use the Website indicates his/her full acceptance of any modifications.

Third Party Websites

Users may gain access to third party websites on the Internet from the Website through hypertext or other computer links. Such third party Websites are not within the supervision or control of CONTAK.ME and we do not make any representations or warranties whatsoever about any third party website that is linked to this Website. A link to a third party website from this Website does not constitute an endorsement of the products or services offered on such third party website.

Applicable Law

Any disputes arising out of or relating to this Agreement or the use of the Website or Services shall be resolved in accordance with the laws of the Republic of Uruguay, without regard to its conflict of law rules. Any dispute, action or proceeding relating to this Agreement or your access to or use of this Website must be brought in the courts of the city of Montevideo and you irrevocably consent to the exclusive jurisdiction of such courts.

Termination

You agree that CONTAK.ME, in its sole discretion, may terminate your use of the Website and Services, and remove and discard any content within the Website for any reason, including, without limitation, for lack of use or if CONTAK.ME believes that you have violated or acted inconsistency with the letter or spirit of the Terms of Use. CONTAK.ME may also, in its sole discretion and at any time, discontinue providing the Website or the Services or any part thereof, with or without notice. You agree that any termination of your access to the Website or the Services under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that the Website may immediately deactivate or delete your posted content and/or bar any further access to such files, the Website or the Services. Further, you agree that CONTAK.ME shall not be liable to you or any third party for any termination of your access to the Services. The Terms of Use will continue to apply to your past use of the Website or the Services. Termination of your access to and use of the Website or the Services shall not relieve you of any obligations arising prior to such termination or limit any liability that you otherwise may have to the Website. Notwithstanding any translation of this Agreement in any language other than Spanish, the original Spanish version shall prevail, and this Agreement shall be construed in Spanish, which is the official language of this Agreement.

Disclaimer of Warranties

Use of this Website and the Services is at your own risk. This Website and the content therein are provided on an "as is" and "as available" basis. CONTAK.ME does not warrant that the services provided will be uninterrupted or error-free. CONTAK.ME is not responsible for the availability or the content of other services that may be linked to this Website. CONTAK.ME makes no representation or warranties of any kind with respect to this Website or any services provided on this Website or any information or goods that are available, advertised or sold through this Website. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.

Limitation of Liability

YOU EXPRESSLY AGREE TO THE FULLEST EXTENT ALLOWED BY LAW, THAT CONTAK.ME IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER RESULTING FROM USE OF THE WEBSITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF GOODS, PROFITS, DATA OR OTHER INTANGIBLE LOSSES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF WEBSITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING E-MAILS; AND (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAM, EVEN IF CONTAK.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONTAK.ME’S LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US$100) IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. You expressly understand and agree that your use of the Website and the Services is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Miscellaneous When we refer to “CONTAK.ME€? in this Agreement we also mean its agents, representatives and employees. The failure of CONTAK.ME to exercise any of its rights under this Agreement shall not be deemed as a waiver of such rights. If any portion of a provision of this Agreement is found invalid or unenforceable, the remainder of such provision shall continue to be valid and any other provision of this Agreement shall remain in full force and effect. Violations Please report any violation of the Terms and Conditions to legal@contak.me