TERMS AND CONDITIONS

Last updated May 23. 2023

 

  1. Agreement to terms

 

These Terms and Conditions constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”) and Riesgo Latam SAS, doing business as Chaindots (“Chaindots”, “we”, “us” or “our”), concerning your access to and use of the https://chaindots.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”). We are incorporated in Uruguay and our registered office is located at Calle Blanes Viale 206, Maldonado, Uruguay. By accessing and using the Website, you acknowledge that you have read, comprehended, and accepted to be bound by all of these Terms and Conditions. You are strictly forbidden from Website and must discontinue its use immediately if you disagree with any or all of these Terms and Conditions. 

 

The Website may occasionally post additional terms and conditions or documents, which are hereby expressly incorporated herein by reference. We have the right to make changes or modifications from time to time to these Terms and Conditions in our sole discretion. We will alert you about any modifications by updating the “Last Updated” date of these Terms and Conditions, and you renounce any claim to particular notice of each modification. Every time you use our Website, please make sure to check the applicable Terms and Conditions to know which ones are in effect. By using the Website after the date on which such amended Terms and Conditions are posted, you agree to be bound by, and will be deemed to have been made aware of, and to have accepted, the changes in any revised Terms and Conditions.

 

The information on the Website is not intended to be shared with or used by any person or organization in any jurisdiction or nation where doing so would be against the law or a rule, or where doing so would require us to register there. As a result, anybody choosing to access the Website from another location does so at their own free will and is solely responsible for adhering to local laws, if and to the extent that they apply.

 

Users must be at least 18 years old to access the Website. The Website is not accessible to or open to users under the age of 18.

 

  1. Intellectual Property Rights

 

Unless otherwise indicated, the Website is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics thereon (collectively, the “Content”) and the trademakes, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “as is” for your information and private use only. No portion of the Website, including any Content or Marks, may be used for any commercial purpose whatsoever, unless expressly permitted in these Terms and Conditions. Without our express prior written consent, no portion of the Website, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited.

 

You are granted a limited license to access and use the Website, as well as to download or print a copy of any portion of the Content to which you have lawfully gained access, exclusively for your own private, non-commercial use. This is granted as long as you are qualified to use the Website. We hold all ownership rights to the Website, the Content, and the Marks that are not otherwise explicitly given to you.

 

  1. User representations

 

By using the Website, you represent and warrant that, among other things: (1) you have the legal capacity and agree to abide by these Terms and Conditions; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website using automated or non-human means, including through a bot, script, or other means; (4) you will not use the Website for any unlawful or unauthorized purpose; and (5) your use of the Website will not be in violation of any law or regulation that may be in force.

 

We reserve the right to suspend or cancel your account and prohibit any and all current or future use of the Website (or any portion thereof) in the event that you provide any information that is untrue, inaccurate, out-of-date, or incomplete.

 

  1. Prohibited activity

 

The Website may only be used for the purposes for which it has been made available by us. The Website cannot be utilized in conjunction with any commercial initiatives unless they have our express endorsement or approval.

 

As a user of the Website you agree not to:

  • Repeatedly retrieve data or other materials from the Website to build or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
  • Trick, defraud, or mislead us and other users, particularly when attempting to learn passwords or other sensitive account information. 
  • Circumvent, disable, or otherwise interfere with security features of the Website, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Website and/or the Content included therein. 
  • Disparage, tarnish, or otherwise harm the Website, us, or both, in our opinion. 
  • Use any data obtained from the Website in order to harass, abuse, or harm someone else.
  • Use our support services improperly or make fictitious reports of abuse or misconduct. 
  • Use the Website in a way that violates any applicable laws or regulations. 
  • Engage in unauthorized framing of or linking to the Website. 
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capitalization and spamming (repeatedly posting the same message), that obstructs with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website. 
  • Engage in any automated use of the system, including by using scripts to send comments or messages, or by employing any data mining, robots, or similar data gathering and extraction tools. 
  • Remove the copyright or other proprietary rights notice from any Content. 
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, and/or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
  • Interfere with, disrupt, or impose an undue burden on the Website or the networks or services connected to the Website. 
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in delivering any portion of the Site to you. 
  • Attempt to circumvent any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website. 
  • Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 
  • Decipher, decompile, disassemble, or reverse engineer any of the software that makes up or in any way is a component of the Website, unless expressly permitted by relevant law.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software. 
  • Use a buying agent or purchasing agent to make purchases on the Website. 
  • Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
  • Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise. 
  • Use the Website to advertise or offer to sell goods and services. 

 

  1. User generated contributions

Users cannot submit or post material on the Website. The ability to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively, «Contributions»), may be made available to you. Other Website users and third-party websites may be able to view contributions. As a result, the Website Privacy Policy may be applied to any Contributions you send. You represent and warrant the following when you create or otherwise make any Contributions available:

  • the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms and Conditions.
  • you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and these Terms and Conditions.
  • your Contributions are truthful, accurate, and not misleading.
  • your Contributions do not constitute spam, chain letters, pyramid schemes, unlawful or uninvited advertising, promotional materials, mass mailings, or any other type of solicitation.
  • your Contributions are not inappropriate in any way, including being vulgar, lascivious, filthy, aggressive, harassing, libelous, or slanderous (as determined by us).
  • your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to incite violence against a particular individual or group of individuals.
  • your Contributions do not violate any governing law, regulation, or rule.
  • your Contributions do not violate the privacy or publicity rights of any third party.
  • your Contributions do not violate any applicable laws pertaining to child pornography or other laws that are meant to safeguard the health and/or welfare of youngsters.
  • your Contributions do not contain any offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
  • your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination of suspension of your rights to use the Website. 

  1. Contribution License

You acknowledge and consent that we may access, store, process, and utilize any information and personal data that you give in accordance with the terms of the Privacy Policy and your preferences (including settings). 

By offering recommendations or other feedback about the Website, you consent to our using and sharing it for any reason without compensation to you. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions as well as any intellectual property rights or other proprietary rights associated with your Contributions. We disclaim all responsibility for any assertions or representations made by you in any of your Contributions to the Website. You expressly agree to absolve us of any liability and to forgo taking legal action against us in connection with your contributions, which you are exclusively responsible for on the Website.

  1. Submissions

You understand and agree that any inquiries, comments, suggestions, ideas, feedback, or other information regarding the Website (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  1. Third-party website and content

Links to other websites («Third-Party Websites»), as well as articles, photos, texts, graphics, pictures, designs, music, sound, video, information, applications, software, and other materials belonging to or originating from third parties («Third-Party Content»), may be found on the Website or sent to you via the Website. We do not review, monitor, or check the accuracy, suitability, or completeness of such Third-Party websites and Third-Party Content, and we disclaim all liability in connection with any Third-Party Websites that may be accessed through the Site or any Third-Party Content that may be posted on, made available through, or installed from the Website, including the accuracy, offensiveness, opinions, dependability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. No approval or endorsement by us is implied by the inclusion of, linking to, or allowing the use or installation of any Third-Party Websites or any Third-Party Content. If you decide to exit the Website and access the Third-Party websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer apply. If you visit any website through the Website or use or install any programs from the Website, you should examine the appropriate terms and policies, including privacy and data gathering practices. We accept no liability for any transactions you make through Third-Party Websites since they are solely between you and the relevant third party. Any purchases you make through Third-Party Websites will be through other websites and from other businesses. You acknowledge and agree that we do not support the goods or services advertised on Third-Party Websites, and you agree to indemnify us for any damage resulting from your purchase of such goods or services. Furthermore, you agree to indemnify us from any losses you may incur or injury you may suffer connected with or resulting from any contact with Third-Party Websites or any Third-Party Content.

  1. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole judgment, violates these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; and (3) in our sole judgment and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any aspect of the Site; (4) to disable or delete from the Website any files or content that are excessively large or otherwise burdensome to our systems, at our sole discretion, without restriction, notice, or liability; (5) manage the Website in any other way that promotes its proper operation while safeguarding our rights and property.

  1. Privacy policy

Data security and privacy are important to us. Please review our Privacy Policy at https://chaindots.com. You consent to be governed by our Privacy Policy, which is incorporated into these Terms and Conditions, by using the Site. Please be aware that the Website is hosted in the USA. By continuing to use the Website, you are transferring your data to the United States and agreeing to have it transferred to and processed in the United States if you are accessing the Site from any other part of the world where the laws or other requirements governing personal data collection, use, or disclosure differ from those that apply in the United States.

  1. Term and Termination 

While you use the Website, these terms and conditions will continue to be in full force and effect. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without prior notification or liability, refuse access to and use of the Website to anyone for any reason or no reason at all, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. At any time, without prior notice, and at our sole discretion, we may stop allowing you to use or participate in the site or delete any material or information that you have posted.

  1. Modifications and interruptions

The Website’s contents are subject to alteration, modification, or removal at any time and without prior notice for any reason. However, we are not obligated to update any material on our Website. Additionally, we retain the right to change or stop offering the Website altogether at any time without prior notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

The availability of the Website cannot be guaranteed at all times. We might encounter hardware, software, or other issues or need to carry out maintenance on the Website, which may cause disruptions, delays, or mistakes. Without giving you prior notice, we reserve the right to suspend, stop, change, revise, or otherwise modify the Website at any time and for any reason. You acknowledge that we are under no obligation to compensate you for any loss, harm, or inconvenience resulting from your inability to use or access the Website while it is unavailable or inactive. Nothing in these Terms of Service shall be interpreted as requiring us to provide any updates, releases, or corrections in connection with the Website or to maintain and support it.

  1. Governing law

These Terms and Conditions shall be governed by and defined following the laws of Uruguay. You and Riesgo Latam SAS irrevocably consent that the courts of Uruguay shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms. 

  1. Dispute resolution

You agree to irrevocably submit all disputes related to Terms and Conditions or the relationship established by this Agreement to the jurisdiction of the Uruguay courts. Riesgo Latam SAS shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms and Conditions are entered into in the course of your trade or profession, the state of your principal place of Business.

  1. Corrections

There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to the Website, including descriptions, pricing, availability, and various other information. We retain the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

  1. Disclaimer

The Website is made available «as is» and «as available.» You acknowledge that using the Website and our services is at your own risk. We disclaim all warranties, express or implicit, in relation to the Website and your use of it, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permissible by law. We make no warranties or representations about the accuracy or completeness of the Website’s content or the content of any websites linked to the Website and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (4) any interruption or cessation of transmission to or from the Website; (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. 

  1. Limitations of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. 

  1. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  1. User data

For the purpose of maintaining the Website, we will keep track of some of the information you provide to the Website as well as information about how you use the site. Despite the fact that we regularly backup your data, you are solely in charge of any data you communicate or that relates to any activity you conduct while using the Website. You acknowledge that we are not responsible for any loss or corruption of such data, and you hereby release us from any claims you may have about such loss or corruption.

  1. Electronic communications, transactions and signatures

Electronic communications include messages sent to us via email, website visits, and online form submissions. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby consent to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

  1. California Users and Residents

You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254 if your complaint with us is not satisfactorily addressed. https://www.dca.ca.gov/about_us/contactus.shtml

  1. Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Website. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

  1. Contact Us

If you have a concern about the Website or would like more information about how to use the Website, please get in touch with us at:

Riesgo Latam SAS

Calle Blanes Viale 206, Maldonado

Uruguay

info@chaindots.com 

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