TERMS AND CONDITIONS
The use of Tecno.Blue services and the platform belonging to MobeeArt is held to the following terms and conditions, which the client (the “Client”) of Tecno.Blue and the users (“Users”) of the website or client's domain in making said use are assumed to declare unconditional acceptance thereof.1. Premises.
Whenever GouWebs collects personal information, it will do so with the purpose of administrating the websites and applications for Facebook and other social networks. GouWebs limits access to all personal information compiled within their organisation or direct providers. That withstanding, the data can be shared with entities outside the Company, such as a Commercial Client with whom you have chosen to interact, or with the intent of fulfilling legal or governmental requirements. GouWebs will be able to contact the Client regarding the websites and Facebook applications with which the Client interacts, as well as use the personal information gathered from past interactions when the Client accesses or makes use of GouWebs applications in the future. The Client grants permission to GouWebs within the applications that are executed on our platform. This permission authorizes us to share your activity on our applications on the Facebook platform and make publications in your name. This permission may be required in order that you be able to participate in certain promotions, offers or prize draws. You will be able to revoke said permission at any time through the relevant application's privacy configurations. You will be able to request that your personal information be deleted from GouWebs systems at any point by sending the request to email@example.com.
3. Acceptance of the terms of service.
Upon visiting or using a website built, designed or operated with GouWebs, or upon using any of the applications designed for Facebook or other networks, the Client and the User confirm that they have read, understood and accepted to be legally obligated and bound to fulfilling these terms and conditions (“Terms of Service” or “Agreement”). These Terms of Service constitute a legally binding agreement between the Client and the User, on one part -as is fit-, and on the other to GouWebs, in relation to the use of the services. If you are not of age or otherwise lacking the legal capacity to form a bonding contract with us, or if you have been prohibited from use and are using them under an applicable law, you may not use the services and must abstain from doing so. In this case, the use will be considered illicit. We reserve the right, under our total discretion, to change, modify, add or eliminate portions of these Terms of Service at any point and without prior warning. The use of these services after said change constitutes an acceptance of said change. Continuing to use the website or the services after said changes have been made constitutes acceptance of the new Terms of Service. If you do not agree to these or future Terms of Service, do not access the website nor the services. It is your responsibility to frequently check the Terms of Service.
4. GouWeb and third party websites and services.
4.1 These Terms of Service apply to all users and participants of websites developed, designed, built or operated by or with GouWebs, and for the services and websites belonging to the Commercial Client (the “Websites”). They apply also to users who contribute content, information and other materials and services on the Websites or services.
5. Accessing the website and the services.
5.1 GouWebs grants conditional and revocable permission to use their websites and the websites and services of the commercial client, exactly as established in these Terms of Service, provided that: (a) the use that you make of the services be for personal ends and not for the purposes of resale or redistribution; (b) you do not copy or distribute any part of the website or of the services through any middleman; (c) you do not in any way alter or modify any part of the website or the services more than is absolutely necessary to make use of the website or the services and with the agreed ends; and (d) you do not in any way break these Terms of Service.
5.2 In order to access certain features of the website or the services it will be required that you create an account with GouWebs. You will not be able to use another user's account. Upon creating the account, you must provide complete and reliable information. You commit to not using the website or the services to pass for any person or entity, make false declarations or distort your identity or your affiliation with a person or entity. You are the only one responsible for activity that takes place on your account and must keep its password safe. You must notify GouWebs immediately about any security violation or unauthorized use of your account. You are responsible if your account is used, by anyone, to violate these Terms of Service.
5.3 You commit to not using or executing any automated system, including without restriction “robots”, “spiders” or trackers, “offline readers”, etc which can access the website. Only operators of public search engines or people expressly authorized by GouWebs will be able to employ spiders with the end of copying material from the GouWebs website and only with the intent to create publicly available search engine indexes of the material of this website; but not to create caches or archives of said materials. GouWebs reserves the right to revoke these exceptions. You commit to not collecting or compiling any personal information, including account names from the website, or using the communication systems provided by the website for any commercial request. You commit to not loading, publishing, emailing or in any other way spreading any unauthorized or unsolicited advertisement, promotional materials, “junk mail”, “spam”, “chain mail” or “pyramid scheme”, or any other form of request. You commit to not requesting information regarding User Files (as defined below) from any of the users of the website or services.
6. Intellectual Property Rights.
6.1 The content of the website and of the services, except for all Files (as defined below), including without any limitation the text, software, scripts, graphics, images, photographs, sounds, music, videos, interactive elements and similar items (“Content”) and the commercial brands, service brands and logos contained within (“Brands”), are property of or licensed to GouWebs, and are subject to copyright and other intellectual property rights as outlined by applicable laws and international agreements. The content of the website is provided in its “Present State” for your information and only for personal use, and cannot be used, copied, reproduced, distributed, transmitted, spread, exhibited, sold, licensed, or in any other way exploited for any other purpose without the prior written consent of the respective owners. GouWebs reserves all rights which have not been explicitly granted to the website and the Content. You commit to not participating in the use, copy or distribution of any Content which is not explicitly allowed in the following document, including any use, copy or distribution of the User Files by third parties who have obtained them via the website. If you download or print a copy of the Content for personal use, you must ensure you protect the copyright and preserve all warnings regarding ownership contained within it. You commit to not masking, deactivating or in any way interfering with the features related to the website's security, or with the features which prevent or limit the use of a copy of any Content, as well as with those which enforce user limitations of the website, the services or the Content contained therein.
6.2 You must verify that any content which you publish on the service and which can be found in your User Files does not violate any law nor infringe on the rights of third parties, including, without restriction, intellectual property rights, advertising rights, or privacy rights. GouWebs can, in circumstances which merit the action and under their complete discretion, deactivate and/or cancel accounts held by offenders. If you believe that your work has been copied in a way that constitutes an offence against your author rights, or that your intellectual property rights have been violated in any way, please provide us immediately with the following information in writing:
- the electronic or physical signature of the person authorized to represent the owner of the author rights or intellectual property rights;
- a description of the work whose author rights or intellectual property rights have been violated, and the identity of the assumed offender;
- a description of where on this website the material whose copyright or intellectual property rights have been violated can be found; and of the actions you wish or suggest GouWebs take in response;
- your physical address, phone number, and email address; and
- a personal declaration, under pain of perjury, that the former information is accurate, and that you are the owner of the copyright, or that you hold intellectual property rights, or that you are authorized to act on behalf of whomever possesses said rights.
6.3 The technology used or enabled by GouWebs has the ability to compile data beyond personal information; this applies to various types of services which operate online. GouWebs can collect information regarding the configuration of your equipment, such as the browser you use, your operating system, or the domain name of your internet service provider. GouWebs can compile information about the last website you visited before interacting with a website powered by GouWebs or a Facebook application, or about your activity during the website and/or Facebook application visit. GouWebs can use this information with the purpose of administrating technical and function aspects of this website, which can include the use of your IP address. Your IP address can be used to compile a wide variety of demographic information for various ends. GouWebs can employ a cookie, a set of data stored in the harddisk which contains information about the user. You can configure your browser to accept all, some, or none of the cookies. If you configure your browser to reject all cookies, your ability to access certain features of any given service, or even all the features, could become restricted. Upon using the Website GouWebs or interacting with any Commercial Client or Website powered by GouWebs, you authorize the compilation of the aforementioned information.
7. User Files.
7.1 The website allows you as a client and other users to send content, which can include videos, text, graphics, images, photographs and other types of communications (“User Files”), and also allows the storage, sharing and/or publication of said User Files. You accept that GouWebs does not guarantee any form of confidentiality or protection in the event that third parties make any use of your files.
7.2 You will be held solely responsible for the User Files and the consequences of publishing them. Regarding User Files, you agree and guarantee that (a) you hold all licenses, rights, consent and permissions necessary to be able to use and authorize GouWebs the use of all patent, brand, commercial secret or any other intellectual property right held over all User Files; and (b) you possess the written consent, exemption and/or permission of every identifiable individual in the User Files to use their name and image. Upon delivering the User Files to GouWeb, you give them global, non-exclusive, royalty-free, completely paid, permanent, sublicensable and transferable rights to use, reproduce, distribute, adapt, create derived work, translate, publish, publicly display and publicly represent the User Files related to the website and business held by GouWbes (and by its successors and assignees). Including, without limitation, the promotion and redistribution in part of in total of the website (and therefore of your derived work) in any format and across any means. Through the present agreement you also give each user of the website a non-exclusive right to access your User Files through the website and to use, reproduce, distribute, create derived work, publish and represent said User Files, exactly as is permitted by the characteristics of the Website and conforming to what has been established in these Terms of Service.
7.3 In relation to User Files, you commit to not: (a) submitting material with copyright, protected by commercial secrets or which is subject to property rights by third parties, including privacy and publicity rights, unless you be the owner of said rights or have the permission of the relevant owner to publish the material and to grant GouWebs all the rights ceded in the present document; (b) publish fallacies or obfuscations which may harm GouWebs or a third party; (c) upload material considered illegal, obscene, defamatory, libellous, threatening, pornographic, harassing, hate filled, racist or ethnically offensive, harmful to children, which violates a third party's property rights or which promotes any activity which may constitute a criminal act, which generates civil responsibility, which violates any law, or is in any way inappropriate; (d) publish advertisements or business solicitations; (e) upload or transmit viruses, worms, time bombs, trojans or any other form of harmful or malicious code, archives, scripts, agents or programs; (f) violate the GouWebs Use Policy; (g) or attempt to pass for another person.
GouWebs does not back or support any of the User Files or the opinions, recommendations or advice expressed within. Furthermore, GouWebs explicitly renounces any legal responsibility tied to User Files. GouWebs will delete all Content and User Files if said Content and User Files violate the intellectual property rights of a third party. You acknowledge that GouWebs and their employees possess the right (but not the obligation) to pre-examine, reject or remove Content and User Files without warning and at their own discretion. Additionally, GouWebs reserves the right to suspend any User's access to the Website and the services.
GouWebs further reserves the right to decide if Content or a User File is appropriate and fulfils these Terms of Service where offences other than copyright and intellectual property rights take place, such as, but not limited to: pornography, obscene and defamatory material, or excessively large files. GouWebs can remove such User Files or delete a User's account for uploading content which violates these Terms of Service.
7.4 You acknowledge that by using the website or services you will be exposed to a wide variety of sources of User Files, and that GouWeb is not responsible for the accuracy, use, security or intellectual property rights of said User Files. You, furthermore, understand and acknowledge that you could find User Files which are inaccurate, offensive, indecent or disagreeable. For this reason you commit to renouncing any right to legal or fair resource you have or may have against GouWebs regarding what has previously been discussed.
8. Exclusion and renouncing the guaranteeThe website, content and the services are provided in their “present state” and “according to availability”; with no guarantee or expectation, expressed or implied, of any kind, on behalf of GouWebs. GouWebs rejects and expressly excludes any guarantee, be it expressed or implied, such as those of eviction, comercialization, adaptation to a set purpose, precision and non-harm. GouWebs does not affirm nor guarantee that the content of the website is accurate, complete, trustworthy, up to date nor free of errors, and explicitly rejects any guarantee or representation regarding the accuracy or nature of the property of the website, the contents, or any other part thereof. GouWebs does not affirm nor guarantee that the website or any Content is free of errors, viruses, trojans, or any other harmful component which may be transmitted through or over the website or the services.
9. Liability limitations.
You renounce and will not make any claim or accusation of any nature against GouWebs, its associates or subsidiaries, its commercial clients, contractors, advertisers, providers or partners, any of its successors or assignees, or any of its employees, directors, agents or employees (collectively the “Free Parties”) which arises from or is in any way related to the use of the website or the content, including, without limitation, any claim or accusation related to supposed infraction of property rights, supposed inaccuracy of contents, or allegations which suggest that any free party has to indemnify, defend or exempt you (or a third party) of responsibility in the case of a claim which arises or is derived from your use or exploitation of the website; with the sole exception of harm caused solely, exclusively and directly through serious fault (negligence) or deceit on behalf of GouWebs.
You use the website at your own risk. Without any limitation on what has already been declared, and within the framework allowed by relevant laws, neither GouWebs not anyone associated with them will be responsible for damage or harm of special, punitative, moral, indirect or consequent nature, nor for loss of earnings; including, but not limited to, loss of use, loss of benefits or loss of information; be it a cases of contractual action, grievance (including but not limited to negligence) or any other which may arise, be derived from or is in any way related to the use of the Website or the Content The former limitation and exemption from responsibility applies to any damage caused by or resulting from your trust in the website, other information obtained from GouWebs or any other site which is related or accessible through the website, which is the result of mistakes, errors, omissions, site interruptions, file or email deletion, defects, viruses, delays in transmission or function and any error in its operation, be they or not caused by greater force, communication errors, theft, destruction of or unauthorized access to files, programs or services provided by GouWebs or any other Free Party. Without contradicting, but in addition to, the former, GouWebs' responsibility will never exceed that of the costs which the client or user has genuinely and fully paid to them.
10. Applicable laws and jurisdiction.
These terms limit the resources which you have available should a dispute or conflict arise. This Website is controlled by GouWebs and operated from their offices in Israel. Yourself, as well as GouWebs, benefit from a set legal framework, and of arbitration as a neutral and accessible mechanism, where the website and services are concerned. Therefore, yourself and GouWebs explicitly agree that your relationship connected to the use of the website or services is governed by the Unidroit principles (www.unidroit.org) as well as applicable substantial law. All controversy or conflict related direct or indirectly to the website, to the services, or to GouWebs, even if it is extracontractual in nature, will be exclusively resolved through institutional arbitration, in the city of Miami, State of Florida, United States of America, in the Spanish language, as dictated by the Commercial Arbitration Rules and Mediation Procedures as laid out by the American Arbitration Association, which can be accessed online at www.adr.org.
11. Termination.Regardless of any stipulation which can be found in these Terms, GouWebs reserves the right to (a) terminate your right to use or access the website, and therefore any of its components; (b) block or prevent your access to or future use of the website or Contents; (c) change, suspend or discontinue any aspect of the Website or its contents; and (d) impose limits on the website or the Content. This is completely under GouWebs' judgement and discretion, without prior warning, and without any responsibility towards you.
12. Payment for use of the service.The Tecno.Blue Terms and Conditions regulate the use and payment where all products and services supplied by GouWebs are concerned, including the website “GouWebs.com” and all its contents. For further details, consult www.tecno.blue.
13. Miscellaneous.13.1 Cession. These Terms, and the rights and licenses granted in this document, cannot be transferred or handed over by yourself, but can be assigned by us without restriction. Any attempt to assign or transfer against the terms here is null and without value.
13.2 Export controls. Any program or technology obtained from GouWebs through the service, including mobile software, comes from the State of Israel and therefore is subject to Israel's export laws and regulations. Said programs or technology cannot be exported to certain countries or to certain people or entities which have been forbidden from receiving exports from Israel. Furthermore, programs or technology obtained from GouWebs can be subject to import and export laws (or laws related to the control of foreign assets) of other countries. It is your sole responsibility to comply with all laws and regulations pertinent to import and export, from Israel and any other country.
13.3 Absolute agreement and separability. These Terms, alongside any amendments and any additional agreement between yourself and GouWebs related to the service (including the Legal Terms and Conditions for the Usage of the Web Portal of Tecno.Blue), constitute an absolute agreement between yourself and GouWebs in relation to the service. If any stipulation of these Terms is found invalid, the invalidity of that segment will not affect the validity of the remaining stipulations of the Terms, which remain in full force and effect.