OUR TERMS AND CONDITIONS

terms of use conditions terms of use conditions
terms of use conditions
Last updated: Month 01, 2022

Introduction

Larnick SRL (“Company”) operates the wearecapicua.com websites (“Websites”). These Terms of Use (“TOU”) govern the use of the Websites. In these TOU, we” or “our” refer to Capicua. “You” and “your” refers to any individual, company or legal entity accessing or using the Websites. Please, read these Terms of Use carefully before using the Website. If you decline these TOU, please do not use the Website.

Acceptance

Your use of the Websites or the Services constitutes your acceptance of this agreement. Also, it indicates your willingness to be bound by these Terms and Conditions.

Modification

The Company reserves the right to change, modify or alter portions of these terms. This right it’s in its sole discretion and can apply at any time without further notice. Any modification or alteration, shall be effective upon uploading them on the Website. We recommend checking these Terms periodically for changes. Your continuous use of the Websites constitutes your agreement to all terms, conditions, and notices.

Privacy

Personal information you provide through this Website shall be used according to Capicua’s Privacy Policy. These Terms of Use are subject to the Privacy Notice posted on this Website.

terms of use conditions

Content

The Website presents information including, but don’t limit to, design, graphics, text, sounds, articles, reviews, and codes, (collectively, “Content”). All of this is Company’s property, by ownership or licenses. Content is also protected by United States and international copyright, and by intellectual property rights and laws.

All rights to Content not expressly granted in these TOU belong to their respective intellectual property rights owners. You must not reproduce, distribute, republish, download, perform, display, post, transmit, exploit, or create derivative works. Except as expressly declared in these TOU, you may not use any Content in any form or by any means. For achieving usage, you need prior written authorization of the Company or intellectual property rights owners.

Websites can also include materials by third parties, only posted by virtue of license, grant or any form of agreement. Contents in the Websites are meant to give general information. Capicua does not make any representations regarding accuracy or completeness of Content. In the same line, we do not assume liability for any loss resulting from reliance upon any Content. Any statement non-factual only constitutes opinions, subject to changes without notice.

Personal Use

The Company allows you to view and download Content for personal, non-commercial use. This, as long as you maintain all copyright and proprietary notices in the original Content. You can not modify or adapt Content in any way, or use them for any public or commercial purposes. All trademarks, trade names and dress and logos in the Website are the sole property of Capicua. (Collectively, called “Marks”). These can’t be copied, imitated or used, whole or parts, without Capicua and its licensors prior written authorization. Page headers, custom graphics, and scripts are Capicua’s Marks, and shall not be used without prior written authorization. Capicua will enforce its intellectual property rights to the fullest extent of the law.

Trademarks 

The Company and third party trade and service marks may be defined through use of the SM, TM or ® symbols. You’re not authorized to use any name, logo, or tagline posted on the Website. This applies unless they’re included in authorized printouts of Content. Whether or not designated by symbols, you can’t use them without express prior written permission of the Company.

Services

You are able to register for contact, purchase products, pay for goods and services, and establish relationships. These options will be called, collectively, “Services”. The Company reserves the right to change, or discontinue any aspect of the Services at any time. These include, but don’t limit to, the nature of Services, databases, hours of availability, and software needed. Notwithstanding anything herein, Capicua reserves the right to restrict access to Services in its sole discretion.

Links to Third Party Websites

All Content in the Websites is owned by Capicua, and protected by worldwide copyrights laws and treaty provisions. You can only use printouts of Content for personal, non-commercial use. Also, you must assure the printouts retain all copyright, trademark, and proprietary notices. Use of Content on any other website or networked environments, for any purpose, is expressly prohibited without prior written permission. This includes any republication or redistribution, or framing the Content within another site. Please contact info@wearecapicua.com for any licensing inquiries.

Advertisements and Third-Party Content

We can incorporate advertising, features, and services provided by third parties (“Third Party Content”). Third Party Content, provided or not by Capicua, does not imply endorsement or approval of its contents, nor its policies, or services. Therefore, we’re not responsible for it’s quality, availability, completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Content, the Company is not recommending its products or services. In line with the terms of applicable services or other agreements, we can remove Third Party Content from the Websites. This applies with a written request by its owner or licensor. Please consult all Terms of Use and Privacy Policy applicable to Third Party Content prior to using it.

DMCA Take-Down Procedure

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides resources for owners who believe material online infringes U.S copyright law. If you believe your work has been posted on the Website, please provide the Company’s copyright agent this information:

  1. Electronic or physical signature of the copyright owner or of the person authorized to act on their behalf.
  2. Description of the copyrighted work that you claim has been infringed.
  3. Details of the location on the Website of the material you claim is infringing copyright.
  4. Your address, telephone number, and e-mail address.
  5. A statement written by you that you believe the material is not authorized by the owner, its agent, or laws.
  6. A declaration, under penalty of perjury, that the above information is accurate, and you own or control copyrights.

Any notification that fails to comply with DMCA’s requirements shall not be considered sufficient notice. Besides, it won’t confer upon the Company real knowledge of copyright materials. You can reach Company’s copyright agent for claims of copyright infringement as follows: 

Name: Larnick SRL.
Address: José Ellauri 1010, Montevideo, Uruguay.
Email: info@wearecapicua.com.

The Company suggests consulting your legal advisor before filing a notice with our copyright agent. You must note that there can be penalties for false claims under the DMCA. In certain circumstances, the Company will be providing or hosting materials provided by third parties. For instance, videos from YouTube. Such third parties have their own DMCA Take-Down Procedures, like YouTube or Twitter. These providers may be able to address your concerns, including the removal of your material from their servers.

terms of use conditions terms of use conditions

terms of use conditions

terms of use conditions

General

Your use of the Website is at your sole risk. The Company does not guarantee that the Website or its servers are free or viruses or other harmful components. To the fullest extent permitted by law, the Company disclaims all warranties. These include, but don’t limit to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. 

The Company makes no warranty that:

  1. Website will meet your requirements
  2. The Server of the Website will be uninterrupted, timely, secure, error-free, or free from harmful components.
  3. Results from the use of the website will be accurate, useful or reliable.
  4. Quality of any services, information, or other material purchased or obtained through the website will meet your expectations.
  5. Any defects or errors of the website will be corrected.

No information from the Company, whether oral or written, will create warranties, unless they’re explicit in these terms of use. Furthermore, Capicua is not responsible for any third party content on the Website, or by any associate equipment or programming. The Company is not liable for third party content being any inaccurate, offensive, threatening, or otherwise objectionable.

Limitation of liability

Neither Capicua or its affiliates are liable for any damages of any kind related to the use of this Website. Furthermore, the Company has no responsibility in any other sites you access through a link from the Websites. This also applies to any incorrect or inaccurate information on these Websites.

This a comprehensive limitation of liability, applying to all damages of any kind. This concerns any direct, indirect, special, incidental or consequential damages (including loss of business, profits, or data). Whether on breach of contract or warranty, or tort, and even if Capicua were advised of the possibility of damages. You expressly waive all claims against Capicua that may arise from your use of this site. If the Company is found liable for losses or damages, connected with any limitations above, its liability will not exceed, in no event, USD 100. Some jurisdictions do not allow limitation of liability, so the ones above may not apply to you.

Governing Law and Dispute Resolution

These TOU are governed by, and construed in accordance with, the laws of Uruguay, and the State of Montevideo. This does not give effect to potential conflicts of law principles. Capicua does not guarantee that Content on this Website is available in all national locations or languages. You agree that any legal action arising from usage of the Website shall be brought exclusively in courts residing in Montevideo. Also, you consent and submit to the jurisdiction of such courts for any action relating to this Website, TOU, and extra-territorial services.

terms of use conditions terms of use conditions

terms of use conditions

terms of use conditions

Contact

If you have any questions about our TOU, please contact us at info@wearecapicua.com or:
Larnick SRL
José Ellauri 1010, 7th Floor
11300, Montevideo, Uruguay.

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