Terms and Conditions
The following terms and conditions (the "Terms and Conditions") govern your use of this website and any of the content available through or through this website, including any content derived from it (the "Website"). Erika Ender ("Erika Ender" or "we") has made the Website available to you. We may change the Terms and Conditions from time to time, at any time without any notification, only by posting the changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS WITH REGARD TO YOUR USE OF THE WEBSITE. If you do not agree with these Terms and Conditions, you cannot access it or use the Website in any other way.
- Property Rights. Between you and Erika Ender, Erika Ender is the sole and exclusive owner of all rights, title and interests in and of the Website, of all content (including, for example, audio, photographs, illustrations, graphics, other visual media, videos, copies, texts, software, titles, animations, etc.), codes, data and materials thereof, the appearance and environment, the design and organization of the Website and the compilation of the contents, codes, data and materials on the Website, including but not limited to, any copyright, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and property rights thereof. Your use of the Website does not grant you ownership of any of the content, codes, data or materials that you can access on or through the Website.
- Limited License. You can access and view the content of the Website from your computer or from any other device and, unless otherwise indicated in these Terms and Conditions or on the Website, make copies or individual impressions of the Website content. for personal, internal use only. The use of the Website and the services offered on or through the Website are for your personal, non-commercial use only.
- Prohibited Use. Any distribution, publication or commercial or promotional exploitation of the Website, or of any of the contents, codes, data or materials on the Website, is strictly prohibited, unless you have received the prior express written permission of authorized personnel. from Erika Ender or some other applicable rights holder. Unless as expressly permitted in this contract, you may not download, inform, expose, publish, copy, reproduce, distribute, transmit, modify, execute, disseminate, transfer, create derivative works from, sell or otherwise. exploit any of the contents, codes, data or materials on or available through the Website. You further agree not to alter, edit, delete, remove, or otherwise change the meaning or appearance of, or change the purpose of, any of the content, codes, data or materials in or available through the Website , including, without limitation, the alteration or withdrawal of any trademark, registered trademark, logo, service mark or any other proprietary content or notification of property rights. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or of the contents, codes, data or materials that are there or that are available through the Website, unless it has been stipulated above, you may violate the rights laws of author and other laws of the Republic of Panama and other countries, and may be subject to legal responsibility for such unauthorized use.
- Trademarks. The trademarks, logos, service marks, registered trademarks (collectively the "Trademarks") displayed on the Website or in the contents available through the Website are registered and unregistered Erika Ender Trademarks and others, and not they may be used with respect to products and / or services that are not related, associated or sponsored by their rights holders and that may cause confusion to customers, or in any way that denigrates or discredits their rights holders. All Trademarks other than Erika Ender that appear on the Website or on or through the services of the Website, if any, are the property of their respective owners. Nothing contained in the Website shall be construed as granting, by implication, dismissal, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Erika Ender or third parties that may Owning said Commercial Brand. The misuse of the Trademarks displayed on the Website or on or through any of the services of the Website is strictly prohibited.
- User Information. In the course of your use of the Website and / or the services made available to you on or through the Website, you may be asked to provide us with certain personalized information (such information hereinafter "User Information") . Erika Ender's policies for the use and collection of information regarding the privacy of said User Information are established in the Website's Privacy Policy, which is incorporated therein as a reference for all purposes. You acknowledge and agree to be solely responsible for the accuracy of the content of the User Information.
- Materials Submitted. Unless specifically requested, we do not request or wish to receive any confidential, secret or proprietary information or other material from you through the Website, by email or in any other way. Any information, creative works, demonstration, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials that you have sent or presented to us (including, for example and without limitation, what you present or send to our groups of chat, message tables and / or our 'blogs', or that you send us via email) ("Materials Submitted") will be considered as non-confidential or secret and that it can be used by us in any way consistent with the Policy of Website Privacy. By submitting or sending us Submitted Materials, you: (i) represent and warrant that the Submitted Materials are your originals, that no other person has any right over them, and that any "moral right" over the Submitted Materials has been waived, and ( ii) you grant us, and our affiliates, royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable rights and licenses, which may be assigned and sub-licensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, execute, exhibit and incorporate in any other work any of the Materials Presented (all or in part) in any form, medium or technology not known or to be developed, including promotional purposes and / or commercial. We cannot be responsible for retaining any Submitted Material provided by you and we may delete or destroy such Submitted Material at any time.
- Prohibited User Conduct. You warrant and agree that, while using the Website and the various services and items offered on or through the Website, you will not: (a) personalize any person or entity or distort your affiliation with any other person or entity; (b) insert your own advertisement, brand positioning or any other promotional content or that of a third party in any of the contents, materials or services or materials of the Website (for example, without limitation, in an RSS update or in a program of recorded radio (podcast) received from Erika Ender or in some other way through the Website), nor will it use, redistribute, republish or exploit said content or services for any other commercial or promotional additional purpose; nor (c) attempt to gain unauthorized access to other computer systems through the Website. You will not: (i) participate in surfing the web, in "scraping (scraping) the screen", "scraping (scraping) the database", in collecting email addresses, wireless addresses or other personal or contact information , or any other automatic means of obtaining user lists or other information from or through the Website or the services offered on or through the Website, including, without limitation, any information found on any related server or database with the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information by any means; (iii) use the Website or the services made available on or through the Website in any way with the intention of interrupting, damaging, disabling, overloading or deteriorating the Website or such services, including, without limitation, sending messages massive unsolicited or "flood" servers with requests; (iv) use the Website or the services or articles of the Website in violation of the intellectual property or other legal or economic rights of Erika Ender or any third party; nor (v) use the Website or the services of the Website in violation of any applicable law. You further agree not to attempt (or encourage or support the intent of another) to trick, destroy, decode, or otherwise alter or interfere with the Website or with the services of the Website, or with any content thereof , or make any unauthorized use thereof. You agree not to use the Website in any way that could damage, disable, overload or damage the Website or interfere with any other person using or enjoying the Website or any of its services. You will not obtain or attempt to obtain any material or information through any means that has not been stipulated or made available to the public intentionally through the Website.
- Public Forums. Erika Ender may, from time to time, have messaging services, chat services, news boards, blogs, other forums and other services available on or through the Website. In addition to any other regulations and regulations that we may publish with respect to a particular service, you agree not to upload, inform, transmit, distribute or otherwise publish through the Website or any service or article made available. on or through the Website, any material that (i) restricts or inhibits any other user from using and enjoying the Website or the services of the Website, (ii) is fraudulent, illegal, threatening, abusive, harassing, slanderous , defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or national law or international, (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademarks, trade secrets, confidentiality, contracts, patents, privacy or publicity rights or any other property right, (v) contains a virus, spying element or other harmful component, (vi) contains fixed links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitutes or contains indications of origin, endorsements or statements of false or misleading facts. You also agree not to personify any other person or entity, whether real or fictitious, including any person from Erika Ender. You also cannot offer to buy or sell any product or service on or through your comments presented on our forums. Only you are responsible for the content and consequences of any of your activities.
- Right of Editorial Monitoring and Control. Erika Ender reserves the right, but has no obligation, to monitor and / or review all materials submitted to the Website or through the services or articles of the Website by users, and Erika Ender is not responsible for such materials sent. by users However, Erika Ender reserves the right at any time to disclose any information that is necessary to satisfy any government law, regulation or request, or to edit, refuse to place or remove any information or materials, all or in part, that to Erika Ender's sole discretion is reprehensible or in violation of these Terms of Use, the policies of the Erika Ender website or the applicable law. We may also impose limits on certain forum articles or restrict your access to part or all forums without notice or penalty, if we believe that you are in breach of the guidelines set forth in this paragraph, our terms and conditions or the applicable law, or for any other reason without notification or liability.
- Private or Delicate Information in Public Forums. It is important to remember that comments submitted in a forum can be registered and stored in multiple places, both on our Website and elsewhere on the Internet, which can be accessible for a long time and there is no control over who will eventually read them. It is therefore important that you be careful and selective about the personal information that you disclose about yourself and others, and especially, you should not disclose sensitive, heritage or confidential information in your comments in our public forums.
- Links to the Website. You agree that if you include a link from any other website to the Website, that link will open in a new browser window and link to the full version of an HTML formatted page of this Website. You are not allowed to link directly to any image stored on the Website or in our services, such as using an "online" link method to cause the image stored by us to be displayed on another website. You agree not to download or use images stored on this Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to this Website in such a way that the Website, or any page of the Website, is "framed", surrounded or obfuscated by the content, materials or brand positions of any third party . We reserve all our rights under the law to insist that any link to the Website be discontinued and to revoke your right to link to the Website of any other website, at any time we send you written notice.
- Compensation. You agree to defend, indemnify and remove Erika Ender and the directors, officers, employees and agents of Erika Ender and its affiliates in peace and safe from any lawsuit, liability, costs and expenses, of any nature, including attorney fees, that incurred as a result of the use of the Website, its placement or transmission of any message, content, information, software or other materials through the Website, or its breach or violation of the law or these Terms and Conditions. Erika Ender reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in that case, you agree to cooperate with Erika Ender in the defense of said matter. demand.
- Orders for Products and Services. We can make certain products available to visitors and registered users of the Website. If you order any product, hereby you represent and warrant that you are 18 years of age or older. You are obliged to pay all the prices of any purchase you make, either with a credit / debit card concurrent with your order online or by other means of payment acceptable to Erika Ender You agree to pay all applicable taxes. If the payment is not received by us from the issuer of your credit or debit card or its agents, you agree to pay all amounts due at the time of the claim from us. Some products that you buy and / or download on or through the Website may be subject to additional terms and conditions that will be presented to you at the time of such purchase or download.
- Third Party Websites. You can link (link) the Website to third party websites and third parties can link to the Website ("Linked Sites"). You acknowledge and agree that we have no responsibility for information, content, products, services, advertisements, codes or other materials that may or may not be provided by or through the Linked Sites, even if they are the property of or are led by our affiliates. The links (links) to Linked Sites do not constitute an endorsement or sponsorship of said websites or of the information, content, products, services, advertisements, codes or other materials presented on or through said websites. The inclusion of any link to such sites on our Site does not imply endorsement, sponsorship or recommendation of that Erika Ender site Erika Ender disclaims any responsibility for links (1) from another website to this Website and (2) to another Website of this Website. Erika Ender cannot guarantee the standards of any website to which links are provided on this Website, nor will Erika Ender be responsible for the contents of such sites, or any subsequent link. Erika Ender does not represent or warrant that the contents of any third party's website are accurate, that they comply with state or federal law, or that they comply with copyright laws or other intellectual property laws. Erika Ender is also not responsible for any form of transmission received from any linked website. Any trust placed in the contents of a third-party website is made at your own risk and you assume all the responsibilities and consequences that result from such trust.
- Copyright Agent.We respect the intellectual property rights of others and require that people who use the Website, or the services or articles made available to them on or through the Website, do the same. If you believe that your work has been copied in a manner that constitutes copyright infringement, please send the following information to Erika Ender Copyright Agent, designated as such, named below:Your address, telephone number and email address;A description of the copyrighted work that you claim has been infringed;A description of where the alleged infringed material is located;A statement by you that you believe in good faith that the use in dispute is not authorized by the copyright owner, its agent or the law;An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; YA statement by you, made under penalty of perjury, that the information mentioned above in your notification is accurate and that you are the owner of the copyright or are authorized to act on behalf of the owner of the copyright.
Copyright Agent:
NAME: Euridice Ventura
PHONE: USA: +1 786 620-1803
EMAIL: euri@erikaender.com - DISCLAIMER OF WARRANTIES.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL THE SERVICES, CONTENTS, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED "AS IS", "AS SET UP", WITHOUT WARRANTY OF ANY KIND, ALREADY. EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF INFORMATION, DATA, DATA PROCESSING SERVICES, UNLIMITED OR UNINTERRUPTED ACCESS, ANY WARRANTY WITH RESPECT TO AVAILABILITY, INTERPRETABILITY, NON-INTERPRETABILITY, EXCERTAINTY, EXCERTAINTY, EXCERTAINTY, EXCERTAINTY, EXCERTAINTY, EXCELLENCE UTILITY, OR CONTENT OF THE INFORMATION, AND ANY WARRANTY OF TITLE, NON-INFRACTION, COMMERCIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN THIS PRESENT WE DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT GUARANTEE THAT THE WEBSITE OR THE SERVICES, CONTENTS, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE WEBSITE OR THAT THE SERVICES PROVIDED WILL COMPLY WITH THE REQUIREMENTS OF THE USERS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US THROUGH THE WEBSITE I WILL CREATE SOME WARRANTY THAT HAS NOT BEEN ESTABLISHED EXPRESSLY IN THIS. ERIKA ENDER ALSO ASSUMES NO RESPONSIBILITY, AND I WILL NOT BE LIABLE FOR ANY DAMAGE TO, OR ANY VIRUSES THAT COULD INFECT YOUR EQUIPMENT BECAUSE OF YOUR ACCESS TO, USE OF, OR NAVIGATION ON THE WEBSITE OR DOWNLOAD ANY OF THE MATTERS, , TEXTS, IMAGES, VIDEO CONTENTS OR AUDIO CONTENTS OF THE WEBSITE. IF YOU ARE NOT SATISFIED WITH THE WEBSITE, YOUR ONLY SOLUTION IS TO DISCONTINUE USING THE WEBSITE.WE TRY TO ENSURE THAT THE INFORMATION PUBLISHED ON THE WEBSITE IS CORRECT AND UPDATED. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR NOTICE. ERIKA ENDER NEITHER EVALUATES OR IS RESPONSIBLE FOR THE ACCURACY OR TRUTH OF ANY OPINION, ADVICE OR DECLARATION ON THE WEBSITE, OR OF ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, ILLEGAL OR VIOLATORY PUBLICATION MADE THROUGH ANYONE ERIKA ENDER AUTHORIZED SPEAKER EMPLOYEE IN HIS OFFICIAL CHARACTER (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO ASSESS THE ACCURACY, CONCLUSION OR UTILITY OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE COUNCIL OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY INFORMATION, OPINION, COUNCIL OR OTHER SPECIFIC CONTENT, INCLUDING BUT NOT LIMITED TO, INFORMATION, OPINION, COUNCIL OR OTHER FINANCIAL CONTENTS, OF HEALTH OF LIFE. PRIOR TO MAKING A PURCHASE OR SALE OF ANY VALUE OR INVESTMENT, WE ADVISE YOU TO CONSULT YOUR BROKER OR ANOTHER FINANCIAL ADVISOR TO VERIFY PRICES AND OTHER INFORMATION. WE WILL NOT HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED ON, OR RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED ON THE WEBSITE WILL BE INTERPRETED AS INVESTMENT COUNCIL. ERIKA ENDER IS NOT A REGISTERED BAG BROKER OR AN INVESTMENT CONSULTANT AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND A PRODUCT ON ANOTHER.WITHOUT LIMITATION OF THE ABOVE MENTIONED IN THIS SECTION, DIGITAL NEWCOMER ASSITANCE, AND ITS AFFILIATES, SUPPLIERS AND PERSONS GRANTING THE LICENSES DO NOT GIVE WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCT OR SERVICE ORDERED OR PROVIDED THROUGH THE WEBSITE, AND IN THE PRESENT , AND YOU IN THIS DISCLAIMER, OF ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE TO LITERATURE IN PRODUCTS OR SERVICES, TO QUESTIONS FREQUENTLY ASKED IN DOCUMENTS AND IN ANY OTHER WAY ON THE WEBSITE OR IN CORRESPONDENCE WITH ERIKA ENDER OR ENDER . ANY PRODUCT OR SERVICE ORDERED OR PROVIDED THROUGH THE WEBSITE IS PROVIDED BY ERIKA ENDER "AS IS", EXCEPT TO THE DEGREE, IF THE CASE HAS BEEN GIVEN, OF ANY OTHER WAY ESTABLISHED IN WRITTEN, IN A LICENSE AGREEMENT OR SALE CALLED BY SEPARATE BETWEEN YOU AND ERIKA ENDER OR YOUR SUPPLIER OR THE PERSON GIVING THE LICENSE. - LIMIT OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, I WILL BE RESPONSIBLE FOR ERIKA ENDER, OR ANY OF ITS DIRECTORS, OFFICIALS, EMPLOYEES, AGENTS OR SUPPLIERS, THE CONTENT OR THE SERVICES (JOINTLY, THE "PROTECTED ENTITIES") OF ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXAMPLE OR PUNITIVE AS A RESULT OF, OR DIRECT OR INDIRECTLY RELATED TO, THE USE OF, OR THE DISABILITY OF USING THE WEBSITE OR THE CONTENTS, MATERIALS AND FUNCTIONS RELATED TO THE SAME, ITS INFORMATION PROVISION THROUGH THE WEBSITE, LOST BUSINESSES OR LOST SALES, EVEN WHEN SUCH PROTECTED ENTITY HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR INDIRECT DAMAGES SO SOME OF THE LIMITATIONS ABOVE MENTIONED DO NOT APPLY TO SOME USERS. IN NO EVENT WILL ENTITIES PROTECTED BY OR IN RELATION TO ANY CONTENT PUBLISHED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR IN THE NAME OF ANY USER OR ANY OTHER PERSON IN OR THROUGH THE WEBSITE WILL BE LIABLE. IN NO EVENT SHALL THE TOTAL SUM OF THE RESPONSIBILITIES OF THE PROTECTED ENTITIES TO YOU, FOR ALL DAMAGES, LOSSES AND CAUSES OF CRIMINAL ACTION (EITHER BY CONTRACT OR AGGRESS, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) RESULTS OF THE TERMS AND CONDITIONS OR OF THE USE YOU MAKE OF THE WEBSITE, I MUST EXCEED IN THE TOTAL SUM, THE AMOUNT, IF YOU HAD IT, PAID BY YOU TO ERIKA ENDER FOR THE USE OF THE WEBSITE OR THE PURCHASE OF PRODUCTS VIA THE WEBSITE.
- Photosensitive attacks. A very small percentage of people may experience an attack when exposed to certain visual images, such as flashing lights or drawings that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" when watching video games or other electronic content. These attacks have a variety of symptoms, including dizziness, disorientation, confusion, momentary loss of consciousness, eye or face twitching, impaired vision or jerking or jerking of arms or legs. If you experience any of the aforementioned symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Website and consult a doctor.
- Applicable Laws. We control and operate the Website from our offices in Panama, Republic of Panama. We do not represent the materials on the Website as appropriate or available for use elsewhere. People who choose to access the Website from other places will do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. All parties subject to these terms and conditions waive their respective rights to a jury trial.
- Term. Erika Ender may terminate, change, suspend or discontinue any aspect of the Website or the services of the Website at any time. Erika Ender may restrict, suspend or terminate your access to the Website and / or its services if we believe that you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Erika Ender maintains a policy that stipulates, under appropriate circumstances, the privileges of using the Website for users who are repetitive violators of intellectual property rights.
- Changes to Terms of Use. Erika Ender reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes to the Terms and Conditions will be effective when published. The continuation of the use of the Website and / or the services made available on or through the Website after any change has been published, will be considered as acceptance of those changes.
- Miscellaneous. The Terms and Conditions and the relationship between you and us will be governed by the laws of the Republic of Panama, without regard to conflicts of laws provisions. You agree that any cause of legal action that results under the Terms and Conditions will be initiated and heard in the appropriate court in the District of Panama, Province of Panama, Republic of Panama. You agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Panama, Province of Panama. Our failure to exercise and enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found invalid by a court of competent jurisdiction, the parties, however, agree that the court shall endeavor to apply the intentions of the parties as reflected in the provision, and the other provisions of the Terms and Conditions remain in effect.
These Terms and Conditions were corrected 11/05/2019.