Website Terms and Conditions of Use
1. ACCEPTANCE
This document (hereinafter, the «Agreement») establishes the terms and conditions of Cloud Cemeteries («CC») info@cloudcemeteries.com, which shall apply to the access and use by the User of this website (the «Website»).
By accessing, browsing, or using the Website, Users («you», «User», or «user») agree to comply with the terms and conditions set forth in this Agreement. If you do not agree to be bound by these terms and conditions, you may not access or use the Website.
Cloud Cemeteries, AMIA, and its affiliated companies reserve the right to update this Agreement as they deem appropriate. Therefore, we recommend that the User periodically review the modifications made to the Agreement.
This agreement is governed by the laws in force in the Argentine Republic. Any user who wishes to access the Website from another country and use it will do so at their own risk and responsibility, ensuring that such access and/or use comply with the applicable laws in their country.
2. USER REQUIREMENTS
The Website and related services are offered to Users who have the legal capacity to enter into legally binding contracts under applicable law.
Minors are not authorized to use the Website. If you are a minor, please do not use this website.
3. LICENSE
All material displayed or offered on the Website, including, among other examples, graphic material, documents, texts, images, sound, video, audio, illustrations, software, and HTML code (together, the «Content»), is the exclusive property of CC or the companies that provide such material and/or offer services through the Website.
The Website is protected by copyright and intellectual property laws. Except as expressly provided otherwise in this agreement, and/or unless expressly permitted by laws repealed by those currently in force, the User may not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, resell, adapt, reverse engineer, or create derivative works from the Content. Nor may the User (ii) use the Content on other websites or in any media such as, for example, in a network environment, without the prior written authorization in this regard from CC.
All trademarks, service marks, and logos (hereinafter, the «Marks») displayed on the Website are the exclusive property of CC and its respective owners.
The User may not use the Marks in any way without the prior written authorization of CC and the respective owners.
4. USER-PROVIDED INFORMATION
By providing or entering information on the Website («User Information»), the User grants CC a permanent, non-exclusive, irrevocable, royalty-free license and right, for the maximum time allowed by applicable law, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, sell, resell, adapt, and create derivative works in whole or in part from the User Information. The User acknowledges and agrees that CC is only a passive forum through which users can make virtual visits to cemeteries and contract services offered by AMIA. CC does not verify or control User Information. Consequently, CC makes no warranties as to the reliability, accuracy, completeness, validity, or truthfulness of the information submitted by users.
CC reserves the right, at its sole discretion, to delete, remove, refuse to reflect, or block any User Information that CC deems unacceptable. In the event that CC receives any notification regarding the unacceptability of certain information provided by users, CC may, in its sole discretion, investigate such information.
The User acknowledges and agrees that CC may retain a copy of the User Information, and disclose such information to third parties.
5. GENERAL PROHIBITION
By accessing and using the Website, the User agrees NOT to:
- violate the laws, regulations, and rules applicable at the local, state, provincial, or national level (Argentina);
- infringe intellectual property and privacy rights, including patent rights (copyright), database rights, trademarks, or know-how of third parties;
- download, send, transmit, or store material that is:
- illegal, offensive, defamatory, fraudulent, misleading, harmful, threatening, hostile, obscene, or objectionable;
- violative of the contractual or confidentiality obligations of the User;
- harm or interfere with the normal operations of the Website, such as sending or transmitting viruses, worms, or trojans, continuous sending of repeated material, or sending unusually large files; or
- not allowed by CC, such as unauthorized advertising material, unsolicited promotional material, «spam», chain letters, pyramid direct sales messages, franchises, distribution material, club association material, sales contracts, or any other unacceptable material;
- violate the personal rights and privacy of third parties by abusing the Content, such as harassing or continuously bothering such individuals by sending unsolicited emails or collecting personal information;
- contravene, or attempt to contravene, the security measures of the Website;
- use any device, procedure, or mechanism such as spiders and tracking robots to locate, retrieve, search, or access the Website or the Content without the prior written consent of CC;
- access or attempt to access the account or login of third parties or companies indicated on the Website;
- copy, modify, reproduce, delete, distribute, download, store, transmit, sell, resell, publish, reverse engineer, or create derivative works from the Content, except regarding material submitted by the User themselves and owned by them, or if permitted by applicable intellectual property laws;
- send or provide incorrect, false, or incomplete information regarding resumes, biographical data, start date of work, or User company profile;
- impersonate another person or company;
- use the Website in an unauthorized manner or for any criminal activity;
- forge header information in email; or
- falsify data about themselves, their association with third parties, or their company.
6. WEBSITE USE AND SPECIFIC OBLIGATIONS
In addition to the general obligations set forth in Article 5, the User shall:
- use the Website only for legally permitted purposes of visiting virtual cemeteries and/or contracting services through it;
- provide and maintain personal data that make up User Information in a complete, correct, up-to-date, and truthful manner;
- only send material for which the User has the corresponding rights or license to do so;
- use their own judgment, caution, and common sense when managing service contracts and information obtained through the Website; and
- assume the risk of relying on the content or using the information provided by third parties.
7. LINKS TO THIRD-PARTY WEBSITES
The Website may have links, such as hyperlinks or links, indicating access to third-party websites (the «Linked Sites»). Although CC reviews third-party material and only allows the inclusion of Linked Sites that, to the best of its knowledge, do not infringe applicable law, CC cannot control or monitor Linked Sites and, therefore, will not assume any responsibility for the accuracy, security, or reliability of the material, information, or content included in such Linked Sites and/or the services offered by them.
The inclusion of Linked Sites on the Website does not imply any relationship or association between CC and the owner of the Linked Sites, nor the approval or promotion by CC of such Linked Sites. CC includes Linked Sites solely for the convenience of the User. The User is solely responsible for accessing Linked Sites.
The User should use their own good judgment, caution, and common sense when using Linked Sites and, for this purpose, we recommend reviewing the terms of use and privacy terms governing such Linked Sites. CC reserves the right to remove from its Website all Linked Sites of which it has actual knowledge that they are infringing third-party rights and/or whose content violates applicable law, or if required to do so by a court order or administrative ordinance.
Links to our website are not permitted without the express prior written authorization of CC. The User may not, either alone or in collaboration with others, expand, modify, replace, amend, or limit, in whole or in part, the information offered on our website or its functional applications. Additionally, the User may not, either alone or in collaboration with others, create or install links from their own website or from third-party websites to this website (whether by hypertext links, deep-linking, framing, by codes, or otherwise), in whole or in part, without the prior written consent in this regard from CC.
8. PRIVACY
CC will process all personal information that the User enters or provides through our Website in accordance with the Website Privacy Policy and the terms and conditions related to it in this agreement.
9. COOKIES
What are cookies?
On this website, we use cookies. Cookies are text files that contain small amounts of information, which are downloaded to your computer or mobile device when you visit a website. Each time you visit the same page, the stored data is retrieved by the originating server. They are useful because they allow a website to recognize the user’s device.
Cookies cannot transmit viruses and they do not harm your computer. They will be used to improve the browsing experience of users of the Website, shorten server response times, and to offer more attractive and personalized alternatives during the visit to the Website. They may also be used to collect general information about the user, such as their location, type of browser used, and other general information.
The user of the Website accepts the use of cookies during the use of the Website.
10. INDEMNIFICATION
The User agrees to indemnify, defend in litigation, and hold harmless CC, its parent and affiliated companies, as well as the directors, officers, employees, and agents of all of them, against third-party claims (including attorney fees and court costs) filed based on or arising from the User’s access to the Website and their use thereof, the User-provided information, or the User’s breach of the terms and conditions of this agreement.
11. DISCLAIMER
The User acknowledges and agrees that:
- The user assumes all risks related to, or arising from, their use, consultation, or access to the website. The website is provided «as is» and «as available,» without any warranty;
- To the extent permitted by law, Cloud Cemeteries hereby expressly disclaims all warranties or liabilities, express or implied, legal or otherwise, including, among others: implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, and those customary in commercial practice or in negotiations in this sector; and
- Although Cloud Cemeteries has antivirus systems and adopts security measures to protect the website and its content from all types of cyber attacks in order to reduce the level of risk, Cloud Cemeteries expressly disclaims any warranty regarding: (i) that the website and its content will always be free of errors or viruses or will never suffer attacks by third parties; (ii) the uninterrupted and always secure operation of the website; (iii) the permanent availability of the website; (iv) whether the website meets the user’s needs or not; and (v) the reliability, accuracy, completeness, validity, or truthfulness of the information provided by the user.
12. LIABILITY AND LIMITATION OF LIABILITY
The user agrees to assume all risks associated with, or arising from, the use of the website or the information provided by the user, including, among others, the risks of economic losses, property damage, and negotiation expenses with other users of the website (whether unknown, minor, foreign, or individuals acting under false identity). The User also agrees to release Cloud Cemeteries, its parent company, and its subsidiary and affiliated companies, as well as the directors, officers, employees, and agents of all of them, from all claims, demands, or claims for damages (direct, indirect, and consequential) of any kind, known or unknown, that may be filed based on, or arising from, the use of the website, the information provided by the user, or the transactions that occur as a result of the user’s use of the website.
To the extent permitted by law, neither Cloud Cemeteries nor its parent company, its subsidiary and affiliated companies, nor their directors, officers, employees, or suppliers will be liable for any direct, indirect, or consequential losses or damages (including, among others, property damage and purely economic damages), nor for lost profits, lost customer base, lost revenue or data, or for interruption of use, regardless of the cause thereof – contractual breach, tort liability (including negligence), or breach of warranty -, even if Cloud Cemeteries had been advised of the possibility of such losses or damages occurring. In the event that the exclusion of certain warranties, the limitation of liability, or the disclaimer of liability for certain damages is prohibited in any jurisdiction, Cloud Cemeteries’ cumulative liability for damages shall not exceed USD $10.00 (ten United States dollars), if permitted by applicable law.
In any case, the foregoing limitation of liability shall not apply to consumers or to damages caused intentionally or by gross negligence.
13. TERMINATION
CC may, at its sole discretion, terminate the services offered on its Website and remove any Content from it. CC may also, at any time, for any justified or unjustified reason and without having to give advance notice of its decision, suspend the User’s access to any or all of the services offered on the Website.
14. GENERAL
This Agreement constitutes all agreements reached between the User and CC regarding access to and use of the Website and is subscribed to in addition to any binding agreement that may exist between the User and CC.
This Agreement shall be governed and interpreted by ARGENTINE law, and the User submits to the exclusive jurisdiction of the courts of CABA.
If the User accesses, consults, sends information, or downloads material from the Website from outside Argentina, the User shall be solely responsible for their actions and assume all risks. The User may not use or export the Content of the Website or make any copies or adaptations thereof that infringe applicable laws, regulations, or rules, including the export laws and regulations of the United States.
The fact that one party does not exercise or delays in exercising the rights and actions available to it under this Agreement at any given time shall not be construed as a waiver thereof.
The invalidity or unenforceability of any of these terms and conditions – in whole or in part – or of the rights arising from this Agreement shall not affect the validity or enforceability of the other rights, terms and conditions, or the rest of the provision in question, which shall remain in full force and effect, with only the defective clause (or the part that is invalidated in such clause) being excluded.
Articles 4, 6, 10, 12, 13, 14, and 15 of this Agreement shall survive the termination thereof for any reason.
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