These Terms and Conditions of Service Use (" Terms of Service ") regulate the access and use by the user of the Biblionario website https://www.biblionario.com (" Site ") and of any game, application mobile, application programming interface or other services such as chats or purchases from the apps offered by Biblionario ., including any of its subsidiaries, as well as services offered through third parties that integrate Biblionario functionality (" Services ") .   

Biblionario SA, and / or any of its subsidiaries (" Biblionario " or " We ") are the owners of the Site and the providers of the Services. Access to this Website and / or its use in any way gives it the status of User (" User " or " Users "). 

By using the Site or the Services, the User accepts these Terms of Service and our Privacy Policy, so please read them carefully. If you are not satisfied with the Terms of Service and / or our Privacy Policy, do not use our Services. 

FOR US RESIDENTS : If the User is a resident of the United States of America, these terms will be governed by the federal legislation of the United States, which includes the federal Arbitration Law and the legislation of the state of New York.

IMPORTANT NOTICE: this agreement is subject to binding arbitration and the waiver of the rights to collective action as set out in clause 15. 

 

1. ELIGIBILITY

To access and use the Services, the User must, at a minimum, have reached the age of majority established by their state or country of residence. If the user has not reached the age of majority of their state or country of residence, that is, minor, parents or legal guardian must consent on their behalf, to the extent that they agree with the Terms of Service and our Privacy Policy.

For users who are in the European Union, the User must be at least 16 years old to access and / or use the Services. If the user is under 16 years of age, he must have the consent of his legal guardian and only to the extent that the legal guardian agrees to these Terms of Service to access and / or use the Services. In the event that the applicable national legislation of the user allows it, the user under 16 can access the service, provided that it is not less than 13 years.

 

2. ADDITIONAL TERMS; GAME RULES

Some of our Services may have additional terms and conditions (" Additional Terms "). When Additional Terms are applied to a Service, they will be available for the User to read while using the Service. In any case, it will be understood that, by using the Service, the User accepts the Additional Terms without reservation.

The specific regulatory rules of each of the games included in the Services, such as the guidelines related to the scoring system or controls, will be determined in each of them. These rules are an integral part of these Terms of Service and the User accepts that he will comply with all the rules and obligations established in the specific rules.

 

3. APPROPRIATE USE OF THE SITE AND SERVICES

The User is responsible for the use he may make of the Site and the Services both for himself and for those carried out through his account. Our goal is to create a positive, useful and safe experience for the User. Therefore, certain behaviors that may be harmful to other Users or to Us are prohibited. When using the Site or the Services, the user cannot:

·violate any law or regulation;

·violate, infringe or improperly appropriate intellectual property, privacy, publicity or other legal rights of third parties;

·communicate, transmit, upload to the Site or the Services or, in any other way, make available any content that is reasonably illegal, harmful, harassing, defamatory, pornographic, obscene or indecent in nature, invasive of privacy from another person, abhorrent, prone to encourage racial or ethnic hatred, or, content of any other nature that could be detrimental to the rights of themselves and / or third parties.

·send unsolicited or unauthorized advertising or commercial communications, such as spam; falsify any header of the Transmission Control Protocol (TCP) package or the IP address or any part of the header information in any email or publication; as well as use the Services to send identifying information of the source that is altered or false or misleading through any means;

·participate in spidering or harvesting activities, or participate in the use of software, including, but not limited to, spyware designed to collect data from the Site or the Services;

·collect any information and / personal data of other Users.

·interfere or interrupt in the correct provision of the Services, the access of the users, the servers or networks that provide the Services, or transmit any virus or other computer instructions or technological means whose purpose is to interrupt, damage or interfere in the correct use of computers or related systems;

·stalk, harass or harm another person;

·impersonate the identity of any natural or legal person or perform any other similar or abusive fraudulent activity, such as phishing;

·use any means to track (crawling) or extract (scraping) any Web page contained in the Site;

·investigate, scan, decrypt, track and / or test the vulnerability of any system or network, try to avoid any technological measure or authentication measure implemented by us, by our suppliers or by third parties (including other users) aimed at protecting the Site or our Services;

·access or search, or attempt to access or search the Services by any means (automated or otherwise) that is not through the interfaces published by us;

·attempt to decipher, decompile, disassemble or reverse engineer any software or other underlying code used to provide the Site or the Services;

·use the Services in any other way not permitted by these Terms; or

·advocate, incite or help any third party to perform any of the actions mentioned above.

 

4. CONTENT ON OUR SITE AND SERVICES

For the purposes of these Terms: (a) " Content " refers to: texts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive applications, software, script, works of authorship of any kind and information or other materials that are published, generated, provided or, through any other way, made available through the Services; (b) " User Content " refers to: any Content that Users (including you) share, communicate, upload or make available through the Services. User Content includes communications with other users and with us, links, personal information, images, videos and information provided by users in user profiles.

4a. The use of the Site, the Services and the Content by the user is done at his own risk.

User Content, whether publicly shared or privately transmitted, is the sole responsibility of the Users who originated such User Content. Although we may review User Content, we are not required to do so. Furthermore, we do not undertake to review all User Content before it is distributed through the Site or the Services, and we cannot ensure the immediate removal of questionable User Content once it has been posted or distributed.

The user understands that through the use of our Site and Services he may be exposed to User Content that may be indecent, offensive, harmful, imprecise, questionable, or, ultimately, otherwise inappropriate or harmful to third parties. We do not endorse, endorse, represent, or guarantee the quality, integrity, truthfulness, accuracy, or reliability of any User Content, or communications, or endorse any of the opinions expressed through the Site and the Services.

The user accepts that the use of the Site and the Services is done at his own risk and responsibility. As stated in more detail in Clause 13 , under no circumstances will we be responsible in any way for any Content or User Content published or established on our Site or Services, any error or omission in any Content, or any loss or damage of any kind. incurred as a result of viewing, transmitting, using or relying on any Content on our Site or Services or anywhere else, or any Content that may be considered indecent, offensive, harmful, imprecise, questionable or otherwise inappropriate, mislabeled or misleading otherwise. 

Biblionario has the right to warn Users that User Content is not moderated. We will work with our Users to enforce these Terms, including the Proper Use provisions outlined above, and the removal of inappropriate or objectionable content. We reserve the right to remove any User Content for any reason at our sole discretion.

When using our chats, take the following precautions:

·If you are a minor and have had the consent of your parents or legal guardian for the use of the Services, also use our chats with your parents or with your legal guardian at your side, never on your own.

·Be aware of who you chat with, other Users may expose you to User Content that is indecent, offensive, harmful, inaccurate, objectionable and inappropriate.

·Keep in mind that other Users may lie about their name, country, age, gender, etc. during the chats with you. Do not share personal information at any time, such as your address, phone number, emails, or any financial information, such as your credit card numbers.

Use our chats only as an informal communication for our Services and in order to grow our community. If you feel offended by other Users or believe that other Users have used the chat inappropriately, contact us at info@biblionario.com. 

4b. The User Content produced by you and the rights you grant us

The Site and some of our Services allow the User to suggest, store, send, publish, receive or upload on the Site or in the Services User Content Access to these functions may be subject to age restrictions.

By merely storing, sending or loading User Content to the Site or to any of our Services, the User grants Biblionario a non-exclusive, transferable, sub-license, royalty-free, indefinite, irrevocable license, free of charge and universal, for the use of the following exploitation rights on said User Content:

1.Right of reproduction

2.Right of distribution

3.Public communication right in all the modalities contemplated in the intellectual property regulations.

4.Right of transformation

Said license will be granted for the maximum term established in the current legislation applicable for its exploitation throughout the Universe, for its exploitation, either alone or combined with other User Content, through any means, method or technology, whether currently exist or are created in the future.

Likewise, said license includes the right to sub-license the User Content and make the Content sent to or through the Services available to other companies, organizations or individuals that associate with Biblionario for the diffusion, distribution or publication of said Content in other means and / or services. This license also includes the right to use User Content to provide, promote and improve the Site and the Services, develop new services and distribute your User Content. The license granted on User Content is not exclusive, which means that the User may use the User Content for their own purposes or allow third parties to use their User Content for their purposes. However, the User may not use Derivative Works outside the Site or Services without Biblionario's express prior written permission . This license is fully paid and royalty-free, which means that We, and other companies, organizations, or persons associated with Us, do not owe the User any money or compensation of any kind in connection with the use of their User Content. We can exercise our rights under this assignment anywhere in the world. Finally, this license is perpetual and irrevocable, which means that our rights under this assignment continue even after the user ceases to use the Site and the Services.

The user ensures that:

·you own all rights, including intellectual property rights, over your User Content or, alternatively, that you have the exclusive right to grant them the rights described above; Y

·Your User Content does not infringe the intellectual property rights, privacy, publicity or other legal rights of third parties.

The User understands and acknowledges that he is solely responsible for the obligations and / or responsibilities that may be derived from the User Content that he provides, which includes the use of said User Content by other users and third parties.

It is not allowed that the User can make use of and / or exploit the transformed works as a result of the exercise of the transformation right on the existing User Content and / or Content (" Derivative Works "), outside the Site or Services without express permission. , previous and in writing of Biblionario .

The User understands that his User Content can be disseminated, distributed or published by third parties and that, in case he does not have the corresponding rights to upload User Content for such use, he may be held responsible for the damages caused, maintaining harmless to Biblionario of any claim from third parties. Biblionario assumes no responsibility for any use of User Content by third parties, nor for any use of Biblionario in accordance with these Terms.

We may refuse to accept or transmit User Content for any reason at our sole discretion. We may also remove User Content from the site or the Services for any reason at our sole discretion.

The User agrees that Biblionario has no obligation to monitor or protect User Content.

4c. Property of all other content

We inform you that we are the legitimate holders of all rights or are licensed, with respect to (a) the Site and the Services, including the software, text, media and any other Content available on the Site and the Services (" Our Content "); and (b) our trademarks, logos, domain names and trademarks (" Trademarks "). The Site and Services, Our Content and Trademarks are protected under copyright, trademark and other laws of the United States and international. The User may not duplicate, copy or reuse Our Content, our Marks or any part of the elements or concepts of visual design, HTML / CSS or JavaScript without the prior express written permission of Biblionario .

4d Advertising content

The Site and the Services may include advertisements and other information, which may be directed to the content or information on the Services (which includes User Information), queries made through the Services, or any other information. The types and scope of Biblionario's advertising on the Services are subject to change.

The User accepts that, as consideration for the use of the Site and the Services, Biblionario and / or third parties linked to it may include and disclose advertising, both their own and that of third parties, at any time on the Site, in the Content of User and / or in the Services.

4e. Content Removal; Cooperation with law enforcement

We have the right to:

·delete or refuse to distribute any User Content or Content at our sole discretion;

·take any action with respect to any User Content or Content that we deem necessary or appropriate in our sole discretion, including taking legal action in those cases where we believe that such User Content violates these Terms of Service, violates any right of intellectual property or other right of any natural or legal person, threatens the personal security of the Users, the Site or the Services, or the public, or that could derive responsibilities for Us;

·disclose the user's personally identifiable information or other information about him to any third party who claims that the User Content provided by the user violates his rights, including his intellectual property rights or privacy rights;

·take appropriate legal measures, including, without limitation, disclosing the user's personally identifiable information or other information about it to law enforcement agencies as a product of any illegal, suspicious or unauthorized use of the Site or Services ;

·cancel or suspend user access to all or part of the Site or the Services, and retrieve and redistribute user names, for any reason, including, but not limited to, violation of these Terms of Service.

Notwithstanding the foregoing, we are entitled to cooperate fully with any law enforcement or court order that requests or directs us to disclose the identity or other information about any person who posts or distributes User Content on or through the Site or services. We also reserve the right to access, review, monitor, display, read, retain, store, and disclose any information and any User Content that we believe is reasonably necessary or appropriate to: (i) comply with any law, regulation, legal process, or government request applicable; (ii) investigate possible violations and / or enforce these Terms; (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to requests for user assistance, or (v) protect the rights, property, or safety of our users, our company or third parties.

The user disclaims and releases our company (and its officers, employees, directors, shareholders, parent, subsidiaries, agents and licensees ("affiliates") from all liability arising from any misuse that may be made of the Site or the services offered by Biblionario .

We assume no responsibility for any action or inaction regarding transmissions, communications or user Content provided by any user or third party through the Site or the services.

 

5. LIMITED USER LICENSE FOR THE SITE, SERVICES AND CONTENT

We grant the User, subject and subject to compliance with the Terms of Service, a limited, non-exclusive and non-transferable license to access and view the Site, User Content and Our Content only in relation to their permitted use, and only for personal and non-commercial.

The User may not download, capture, save, distribute or retransmit Our Content or any other User Content. You can only download, capture and / or save your User Content by using the tools that we make available for this purpose through the Site or the Services. However, you may not use the Derivative Works of your User Content, as defined in Clause 4.b, outside the Site or the Services without the prior express written permission of Biblionario . 

Likewise, subject and conditioned to compliance with the Terms of Service, we grant the User a limited, non-exclusive, non-transferable and non-sublicensable license to download and install a copy of our game / s or application / s on a mobile device and to Execute such copies of said game / s or application / s exclusively for personal and non-commercial purposes. Except in cases expressly permitted in these Terms, the user may not: (a) copy, modify or create derivative works based on the game / s, application / s, Site or Services, (b) distribute, transfer, sublicense, lease, loan or rent the game / s, application / s, Site or Services to third parties, (c) reverse engineer, decompile or disassemble the game / s, application / s, Site or Services, or (d) make the functionality of the game / s, application / s, Site or Services available to multiple users through any means. We reserve all rights to the game / s, the application / s, the Site or the Services not expressly granted to the user according to these Terms.

 

6. CURRENCY / ASSETS WITHIN THE GAME

The services may include a virtual currency in the game (" Virtual Currency ") that includes, without limitation, Coins and Coins, which can be acquired through us in exchange for any means of payment accepted by the Biblical Services , If the User is of legal age in their country of residence. The Services may also include virtual digital elements and characters in the game (" Virtual Goods ") that can be purchased through us in exchange for any means of payment accepted by the Library Services or through Virtual Currency. The purchase of Virtual Currency and Virtual Goods is an exclusive service for Account holders who (a) are 18 years of age or older; or (b) are under 18 years of age and have the consent of their parents or legal guardian at the time of purchase. Parents of children under 18 can consult the iOS or Google Play settings to restrict purchases in the Application, but they must also supervise their children's Accounts for unexpected activities, including the purchase of Virtual Currency o Virtual Goods.

Regardless of the terminology used, the User accepts that Virtual Currency and Virtual Goods have no monetary value and do not constitute a real currency or property of any kind.

Virtual Currency and Virtual Goods may never be sold, transferred, exchanged or exchanged in exchange for money, goods or other items of monetary value.

6a. Purchases of Virtual Currency and Virtual Goods

Virtual Currency and Virtual Goods are categories of Content. The User only obtains a limited, revocable, personal, non-transferable and non-sub-license to use Virtual Currency and Virtual Goods. The User agrees that he does not acquire any property rights with respect to or over the Virtual Currency, Virtual Goods, or other Content. Any balance of Virtual Currency or Virtual Goods does not reflect any stored value.

The User will only obtain Virtual Currency and / or Virtual Goods from Us and through means provided by Us, and not through any other third-party platform, exchange, broker or other mechanism, unless expressly authorized by Biblionario . The User cannot buy or sell any Virtual Currency or Virtual Goods or exchange them. Any attempt to do so violates these Terms of Service and may imply an indefinite prohibition for access and use of the Services and derive possible legal actions. Once you acquire a Virtual Currency or Virtual Goods, you will not be able to operate or transfer the Virtual Currency or Virtual Goods to another person or account, unless we provide the User with said functionality through a function or Service, either within a Game or by some other method (for example, our Website).

Biblionario can manage, control, regulate, modify or eliminate Virtual Currency or Virtual Goods at any time, with or without prior notice, at our sole discretion. Biblionario will not have any responsibility with respect to the User or any third party when they decide to use this right. During the period granted to use the Virtual Currency, the User has the right to exchange their Virtual Currency for the selected Virtual Goods. If you are the legal guardian and accept these terms on behalf of your minor child, you accept and acknowledge that your child has your consent to exercise this right independently. The price and availability of Virtual Currency and Virtual Goods are subject to change without prior notice. We reserve the right at any time to change and update our prices and inventory of Virtual Currency and Virtual Goods. As set forth below, all Virtual Currency, Virtual Goods and other Content are provided in the manner presented on the Site and / or in the Services without warranty. All purchases, sales and exchanges of Virtual Currency and Virtual Goods are final and non-refundable, except when we so determine.

6b. Our discretion to cancel any Virtual Currency or Virtual Goods and the effect of the Cancellation on the Virtual Currency and Virtual Goods

All Virtual Currency and Virtual Goods will be lost in the event that the User's account is suspended or canceled for any reason, in our sole discretion, or in the event of suspension of the provision of the Services or any particular game.

We may cancel, suspend or discontinue your Account and access to your Virtual Currency, Virtual Goods, Content or Services, in our sole discretion and without prior notice, which includes, but are not limited to, the following reasons: a) your account was inactive for one year (that is, not used or not logged in); (b) the user does not comply with these Terms of Services; (c) we suspect fraud or misuse by the User of Virtual Currency, Virtual Goods, or other Content; (d) we suspect any other illegal activity associated with your Account; or (e) we are acting to protect the Services, our systems, the game, any of our Users or our reputation or the reputation of any of our partners.

THE USER WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR VIRTUAL CURRENCY OR UNUSED VIRTUAL ASSETS WHEN THE ACCOUNT IS CLOSED, BEING IRRELEVANT THAT SUCH CLOSING IS PRODUCED IN A VOLUNTARY OR INVOLUNTARY MANNER.

Certain jurisdictions may provide additional statutory rights, including a withdrawal period that allows you to cancel a purchase. Nothing stated herein limits your rights to return or cancel your purchase of Virtual Content in accordance with applicable local legislation.

The User agrees that his Virtual Currency and his Virtual Goods will be lost and his account will be permanently suspended at our sole and complete discretion if he tries to buy or sell any Virtual Currency or Virtual Goods through the sale, purchase or transfer of any account. connected with us.

 

7. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

We respond to notifications of alleged copyright infringement and cancel accounts of repeat offenders in accordance with the process established in the United States Digital Millennium Copyright Act

If the user believes that their work has been copied in a manner that constitutes copyright infringement, they must send the following information to the Intellectual Property Agent indicated below:

·Your address, telephone number and email address.

·A description of the copyrighted work that alleges that it has been infringed.

·A description of where the alleged infringing material is located.

·A statement stating that you believe in good faith that the use in dispute is not authorized by the user, the copyright owner, its agent or the law.

·An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

·A User statement made under penalty of perjury, which states that the above information is accurate and that the user is the owner of the copyright or is authorized to act on behalf of the owner of the copyright.

Such information must be sent to the Intellectual Property agent:

·Jasiel Izaguirre

·Biblionary

·Riobamba , Ecuador

·Telephone: 59 3983816636

·Email: info@biblionario.com 

Only copyright infringement notices should be addressed to our Intellectual Property Agent.

The User acknowledges that, if he does not comply with all the requirements established in this clause, his notification may not be valid.

Once we receive the notification of copyright infringement, we can send it to the party that uploaded the content in question. The User must take into account that, when we send his notification of copyright infringement to the “infringing” party, said notification will include the communication of his information and personal data. When sending a notice of copyright infringement, It will be understood that the User gives his consent for said communication to take place.

If the User considers that the content that was deleted (or whose access has been disabled) does not infringe any copyright, or is authorized by the copyright owner, the copyright owner's agent, or by the Legislation to publish and use such content, may submit a counter notice to the address indicated above that contains the following information:

·Your physical or electronic signature;

·Identification of the content that has been deleted or whose access has been disabled and the location where the content appeared prior to its removal or disabling;

·A statement that you believe in good faith that the content was deleted or disabled as a result of an error or misidentification of the content; Y

·Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California and a statement that you will accept notification of procedural acts of the person who provided the notification of the alleged violation.

Once your counter notice has been received, we will transfer it to the party that submitted the original copyright infringement claim. The user must bear in mind that when we send the counter notice, it will include his personal information or data. By sending a counter notice, the user gives his consent for this way to reveal his information. We will not send the counter notice to any party other than the original claimant.

Within 10 days from the sending of the aforementioned counter-notice, the plaintiff must notify us that he has filed a legal claim with the competent body, in order to prevent the User from engaging in infringing activities related to the content that was removed or disabled. In the event that we do not receive this notification within the aforementioned period of 10 days, we may reinstate the material reported on the Site or in the Services.

 

8. SECURITY AND PROTECTION OF INFORMATION

The privacy of our Users is of great importance to Us. Our Privacy Policy explains how we collect, use, protect and when we share your personal information and other data with third parties.  

By accessing and / or using the Site or the Services, the User accepts the collection, use and transfer of his personal information, as established in the Privacy Policy, which is part of these Conditions of Use. Therefore, we ask you that prior to the use of the Site or the Services, carefully read our Privacy Policy.

 

9. USER ACCOUNTS

To access some functions of the Site or the Services, the User must create an account. You will not be able to use another person's account without permission. When creating their account, the User must provide accurate and complete information. The User is solely responsible for the activity that occurs in his account, and must keep his account password securely and preserve its confidentiality.

Biblionario encourages you to use strong passwords (passwords that include a combination of upper and lower case letters, numbers, and symbols).

In case the User is aware of any breach or unauthorized use of his account, he must notify us immediately.

Biblionario is not responsible for losses caused by unauthorized use of your account. However, the User may be responsible for the losses suffered by Biblionario or third parties due to the improper use of the account.

 

10. LINKS

The Site and the Services may contain links to other websites and online resources managed by third parties. A link to a third-party website does not mean that we support it or that we are affiliated with it. We are not responsible for any damage or loss related to the use of any third party website. The user should always read the terms and conditions and the privacy policy of a third-party website before using it.

 

11. CHANGES IN THE SITE OR SERVICES

We improve and update the Site and Services often. Therefore, we reserve the right to change or suspend the Site or the Services at any time, with or without prior notice.

 

12. CANCELLATION AND PRESERVATION OF RESPONSIBILITIES

Biblionario reserves the right to allow access to the Site and Services only to those Users who comply with the access conditions provided in this Terms and Conditions document, and for any other condition that Biblionario may establish, in its own discretion, in the future, being able to revoke and / or cancel your permission to access the Site and the Services automatically. Equally,. Likewise, it reserves the right to cancel the right of access to any User of the Site or the Services at any time, in its sole discretion.

The User may terminate this legal agreement with Biblionario at any time for any reason by interrupting the use of the Services and / or by contacting info@biblionario.com to delete their account. The provisions of clauses 3, 4, 6, 7 and 12 to 17 will continue in force even after the closure of your account and any expiration or cancellation of these Terms of Service, the User being responsible for all their activities during the time that used the Services.  

 

13. DISCLAIMER AND LIMITATIONS OF OUR LIABILITY

THE USER USES THE SITE AND THE SERVICES AT HIS OWN RISK . The Site and the Services are provided as they are presented to the User and are operative according to their availability at all times. To the extent permitted by applicable law, our company and its officers, employees, directors, shareholders, parent , affiliates, agents and licensees (" affiliates ") disclaim all warranties, conditions and representations of any kind, whether express, implied, statutory or otherwise, including those related to merchantability, fitness for a particular purpose and non-infringement, and those that arise after the course of negotiation or commercial use.

In particular, our company and its affiliates make no representations or warranties about the accuracy or completeness, timeliness, security or reliability of the Site, Services or any content available on or through the Site or the Services, or the content of any website or online services linked or integrated to the Site or the Services.

Our company and its affiliates will not have any responsibility for any: (a) error, mistake or inaccuracy of content; (b) personal injury, property damage or data loss resulting from the access or use of the Site or the Services by the User; (c) any unauthorized access or use of our servers or any personal information or User data; (d) any interruption of transmission of or from the Site or the Services, or any elimination or failure in the storage or transmission of any content or communications; (e) any errors, viruses, Trojans or the like that may be transmitted on or through the Site or the Services by any third party; (f) the inability of the Site or the Services to satisfy the expectations or requirements of the User; or (g) any loss or damage of any kind that occurs as a result of the use of any content published or shared through the Site or the Services.

The User understands and accepts that any material or information downloaded or obtained in another way through the use of the Site or the Services is done at his own risk, and that he will be solely responsible for any damage derived from it.

No suggestion or information, either orally or in writing, obtained by the User from Us, or through the Site or the Services will constitute any guarantee not expressly formulated in these terms.

Disclaimer of Consequential Damage . To the extent that applicable law allows, in no case will we be liable to the User or any third party for indirect, special, incidental, punitive or consequential damages (including loss of earnings, income or data), or for the cost of obtaining substitute products or services that arise from or in relation to these Terms of Service, the Site or the Services, in any way that is caused, whether said liability arises from any claim based on a contract, guarantee, non-contractual agreement, strict liability, or otherwise, whether we have been notified or not about the possibility of such damages.

Total liability limitation . To the extent permitted by applicable law, our total cumulative liability with respect to the User or any third party arising out of or in connection with these Terms of Service, the Site or the Services, for all causes of action and all theories liability (which includes contract, warranty, tort agreement, strict liability or any other), will be limited to and will not exceed the rates that the User has actually paid during the 6 months prior to the claim where this liability was generated, up to a maximum of 100 US dollars.

Negotiation basis . The User understands and accepts that we have established our prices and agreed these Terms of Service with him based on the limitations of liability established in these Terms of Service, which allot the risk between the User and Us and form the basis of an agreement Between the parts.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Consequently, some of the limitations and disclaimers mentioned above may not apply to the User. To the extent that we cannot, under applicable law, waive any implied warranty or limit our responsibilities, the scope and duration of such warranty and the scope of our liability will be the minimum provided by such legislation.

 

14. INDEMNITY

The User agrees to indemnify and exempt our company and its Affiliates from and against any claim, cost, procedure, claim, loss, damage, damages and expenses (which includes, by way of non-taxation, reasonable attorneys' fees and legal costs ) of any type or nature, that arises or is related to any real or supposed violation of these Terms of Service by the User or any person who uses his account or his User Content. If we assume the defense of such matter, the User will reasonably cooperate with Us in such defense.

 

15. FOR RESIDENTS IN THE UNITED STATES - BINDING ARBITRATION AND WAIVER OF CLASS ACTION

These BINDING ARBITRATION AND COLLECTIVE ACTION WAIVER provisions apply to the User if the User is domiciled and / or accesses, downloads and uses our Services in the United States. This Clause is made pursuant to a transaction in interstate commerce and will be governed by the Federal Arbitration Act (the " FAA ").

The User and Biblionario agree that we will resolve any dispute between us through binding and final arbitration, rather than through legal proceedings. The user and Biblionario waive any right to have a jury trial for any Claim (defined below). All controversies, claims, counterclaims or other controversies that arise between the user and Biblionario related to or derived from these Terms, the Site, the Services or any Content (each of them, a " Claim ") will be submitted to binding arbitration. The arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with its rules and procedures (" AAA Rules ") which includes the AAA Consumer Arbitration Rules. AAA rules are available at www.adr.org or by calling AAA at 1-800- 778-7879.  

Arbitration Procedures . The arbitration will be considered by a single arbitrator and will be resolved by him. The arbitrator must be an attorney with at least 10 years of experience or a retired judge. The arbitration hearing will be held in New York County, New York. However, if he resides in a state other than New York, the user will offer Biblionario the opportunity that the hearing is convenient for him, and will allow Biblionario to choose between: (a) conducting the hearing solely based on the documents presented to the arbitrator, allowing the participation of the parties through hearings held by telephone or video conferences; or (b) arbitrate in their state of residence in a place reasonably convenient for the user and Bibliographer . Likewise, in cases in which a hearing is held in person, the user and / or Biblionario may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator's decision in such arbitration will be final and binding on the parties, except for a limited right of review as provided in the Federal Arbitration Law. The judgment on the award may be presented before any competent court. The parties agree that the arbitration will be kept confidential and that the existence of the procedure and any element thereof (including, but not limited to, the allegations, briefs or other documents presented or exchanged and any testimony or other oral presentations and awards) they will not be disclosed beyond the arbitration procedure, except as may be legally required in judicial proceedings related to the arbitration or with the applicable disclosure rules and regulations by the securities regulatory authorities or other government agencies.

Costs . If the User demonstrates that the costs of the arbitration will be prohibitive compared to the costs of a litigation, Biblionario will pay most of the administrative costs and the arbitrator fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration. be prohibitive.

In the final award, the arbitrator may apportion the costs of the arbitration and the arbitrator's compensation between the parties in amounts that the arbitrator considers appropriate. Each party shall bear the expenses of said party's attorneys, experts and witnesses, regardless of which party prevails in the arbitration, unless applicable law gives one party the right to recover from the other party any such fees. .

Class action waiver . Neither the User nor Biblionario can act as a representative of a class action or public order, nor participate as a member of a class action regarding any Claim. The Claims cannot be arbitrated on a representative or collective basis, nor should there be a joint demand or consolidation of parts. The arbitrator may decide only the user's individual Claims and / or the individual Biblionario Claims . The arbitrator may not consolidate or join the Claims of other people or parties that may be in a similar situation.

If any part of this Clause is considered invalid or if its compliance cannot be demanded, said specific portion will not have validity and effect and will be eliminated, but the rest of this Clause will continue in full force and effect. However, if the class action waiver is deemed invalid, this entire clause will be null and void. No waiver of any provision of this Clause of the Terms will be valid or enforceable unless it is recorded in a written document signed by the party that waives such right or requirement. Such waiver will not waive or affect any other part of these Terms. This Clause of the Terms will persist even after the termination of your relationship with Biblionario .

Small claims; government agencies intervention . This arbitration agreement does not prevent the user or Bibliographer from seeking intervention by federal, state or local government agencies. The user and Biblionario also have the right to present competent claims to a small claims court. Likewise, the user and Biblionario reserve the right to request provisional compensation from any court of competent jurisdiction, which includes embargoes prior to arbitration or preliminary judicial orders, and such request shall not be considered incompatible with these Terms or a waiver of the right to dispute resolution through arbitration as provided in these Terms.

THIS CLAUSE LIMITS CERTAIN RIGHTS, WHICH INCLUDES THE RIGHT TO MAINTAIN A JUDICIAL INTERVENTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY KIND OF CLASS CLAIM OR REPRESENTATION, THE RIGHT TO PARTICIPATE IN PRESENT EXCEPT UNDER THE ESTABLISHED IN RULES AAA AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF COMPENSATION. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING, EXCEPT FOR A LIMITED RIGHT TO REVIEW UNDER THE PROVISIONS OF THE FEDERAL ARBITRATION LAW. FURTHER, OTHER RIGHTS THAT THE USER OR LIBRARY WOULD HAVE IN THE COURT MAY NOT BE AVAILABLE IN THE ARBITRATION.

 

16. FOR USERS WHO ARE IN EUROPE - BINDING ARBITRATION

These provisions apply to the User when they have their address and / or access, download and use our Services in any Member State of the European Union, and to the extent that their jurisdiction allows.

The User and Biblionario agree that any controversy, difference or claim arising from this contract and any amendment to it or related to this contract, including in particular, its formation, validity, obligation, interpretation, execution, breach or termination , as well as non-contractual claims, will be submitted to binding and binding arbitration for their final solution in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall be composed of a single arbitrator. The arbitration will take place in Spain. The language to be used in the arbitration proceedings will be Spanish. The controversy, difference or claim will be resolved in accordance with the law of Spain.

In order to avoid any doubt, arbitration is an alternative dispute resolution mechanism, which replaces the traditional judicial system. In arbitration, the person who resolves the disputes is an arbitrator and not a judge, by means of an arbitration award, of obligatory compliance for the parties.

This procedure is more informal than a legal action before a court and offers greater advantages, such as faster resolution of the conflict and guarantees the confidentiality of the dispute, since it is a private process in which the awards do not enjoy publicity. , unlike court rulings.

 

17. APPLICABLE LEGISLATION AND JURISDICTION

Residents of the United States : For residents of the United States, these Terms shall be governed by and construed in accordance with United States federal law and New York State law, without giving effect to any conflict of laws, regulations or provisions.

If any court or arbitrator determines that the "BINDING ARBITRATION AND DISCLAIMER OF CLASS ACTION" clause set forth above is void or unenforceable for any reason, or that an arbitration may be conducted based on a class action, then the user and we irrevocably accept jurisdiction exclusive and the place of state or federal courts in New York County, New York, to settle any Claim that is allowed to be made through a class action, or that is considered otherwise arbitrable. The user gives consent and submits to the personal jurisdiction of said courts for the purposes of any such action.

For residents in other countries : These Terms and Conditions of Service will be governed and interpreted in accordance with the laws of Uruguay. All claims, legal procedures or litigation that arise in relation to the Services, except for what is specified in Clause 16, will be presented only before the relevant courts located in the city of Montevideo, Uruguay. The User consents to the jurisdiction and seat of such courts and waives any objection of forum inconvenience.

 

18. OTHER PROVISIONS

Under no circumstances will we be liable for any delay or failure in performance due in whole or in part due to natural disaster or other causes reasonably beyond our control.

If any provision of these Conditions is considered illegal or void, then that provision shall be deemed not applicable, without affecting the applicability of other provisions of these Terms.

The fact that we are unable to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by application of legislation.

 

19. THIRD PARTY FEES

The User may incur access costs or third party data (such as their Internet provider or their mobile service provider) in relation to their use of the Site, the Services or the Content. The User is responsible for all these charges.

 

20. CHANGES TO THESE TERMS

From time to time we may change these Terms and Conditions of Service. If we change these Terms, we will notify the User by posting the revised Terms on the Site. Such changes will take effect on the revision date shown in the updated Terms. By continuing to use the Site or the Services, the User is accepting the updated Terms.

WE REQUEST THE USER TO PRINT A COPY OF THESE TERMS FOR THEIR FILES AND CHECK THE SITE FREQUENTLY FOR ANY MODIFICATION TO THESE TERMS.

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