FONOFACE TERMS OF USE
This Terms of Use ("Terms of Use") explains how you (the "User(s)" or "you") can
use the Fonoface mobile application (the "App") and our website available at:
https://www.fonoface.com/ (the "Site" and collectively with the App, the "Services"),
provided to you by Fonoface (the "Company", "Fonoface", "we", "our" or "us") – so
please read this Terms of Use carefully before you get started, as you may use the
App solely in accordance with the terms and conditions hereunder.
By installing, accessing or otherwise using the Services you acknowledge and
warrant that you hereby consent to be legally bound by these Terms of Use. If you
do not agree to any of the terms included in these Terms of Use, you may not
access or use the Services (or any part thereof). If certain features of our Services
are subject to additional terms, provisions or guidelines, they are incorporated herein
by reference.
You hereby waive any applicable rights to require an original (non-electronic)
signature or delivery or retention of non-electronic records, to the extent not
prohibited under applicable law.
Notwithstanding anything to the contrary, to the extent that consumer protection or
local laws or regulations grant you mandatory or statutory rights, these Terms of Use
shall only limit such rights to the maximum extent permitted by such laws or
regulations.
1. THE APP
1.1. The App is aimed to make all your mobile interactions smart by putting people in
the center of the experience. Using this App, your friends are just one tap away, and
the interaction becomes quick, intuitive, unified and accessible from anywhere.
1.3. Certain options and features in the App are provided to you free-of-charge, while
other options and features are available only when purchasing the Pro-Version of the
App. In addition, the Pro-Version is free of ads. You can find descriptions and
explanations of the options and features available to you only on the Pro-Version on
the Services, and please note that the different features and the pricing may be
changed from time to time at Company's sole discretion.
1.4. Special Features: The App may provide additional and special features,
including, without limitation the following ones. For avoidance of doubt, the Company
is not liable in case of discontinue of any specific feature.
2. LICENSE
Subject to your full compliance with all of the provisions of these Terms of Use, the
Company hereby grants you a non-exclusive, non-sub-licensable, non-assignable
non-transferable, revocable license to use a compiled code copy of the Services
account on one mobile device, owned, rented or leased solely by you, commencing
on the date you first download and/or use the App to your device, and until the
earlier of the following occurs: (i) you permanently remove the App from your device
and irrevocably cease all use thereof, or (ii) the Company terminates the license
granted herein because of your breach of these Terms of Use. You acknowledge that
the Company may from time to time issue upgraded versions of its software, and
may automatically upgrade the version of such software that you are using on your
device. You consent to such automatic upgrading on your mobile device, and agree
that the terms and conditions of these Terms of Use will apply to all such upgrades.
You agree that, to the maximum extent permitted by law, the Company will not be
liable to you for any such modifications. The foregoing license grant under these
Terms of Use is not a sale of the Company's Services and/or the Company's
software or any copy thereof and the Company or its third party licensors or partners
retain all right, title, and interest in the Services (and any copy thereof). Any attempt
by you to transfer any of the rights, duties or obligations hereunder, except as
expressly provided for in this Agreement, is void. The Company reserves all rights
not expressly granted under this Agreement. We are entitled, without any liability, to
refuse, restrict, limit, suspend and/or interfere or interrupt the Services or any part
thereof, without any notice to you for the repair, improvement, and/or upgrade of the
Services or for any of the reasons for termination as mentioned below.
3. USE RESTRICTIONS
The Services is intended for your personal use, to make your mobile interactions
smarter. However, there are certain conducts which are strictly prohibited when
using the Services. Please read the following restrictions carefully. Your failure to
comply with the provisions set forth may result herein (at Company's sole discretion)
in the termination of this Terms of Use and your right to access and use to the
Services, and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
3.1. copy, modify, publicly display, perform, distribute, make publicly available,
sublicense, create derivative works of, adapt, emulate, translate, combine with other
software, reverse engineer, compile, decompile or disassemble the Services (or any
part thereof) and/or any other material that is subject to Company's proprietary
rights, including Company's Intellectual Property, and/or permit others to do so,
unless as expressly permitted in the Terms of Use;
3.2. interfere with or violate any other User's and/or any of your mobile contact's
and/or any other third party's right to privacy or other rights, or harvest or collect
personally identifiable information about other users of the Services (or any of their
mobile contacts) without their express and informed consent, including by using any
robot, spider, site search or retrieval application, or other manual or automatic device
or process to retrieve, index, or data-mine;
3.3. defame, abuse, harass, stalk, threaten and/or violate in any way the legal rights
of others;
3.4. use, refer to and/or display the Services (or any part thereof) on and/or with
respect to any good or service, which in itself and/or which contains any information
or content that may be considered as abusive, harassing, threatening, inciting
hatred, encouraging or facilitating anti-social behavior, promoting illegal drugs, the
tobacco industry or the armaments industry, obscene, defamatory, libelous, or
racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in
any way the legal rights of others, and/or where presence of the Services or any
reference to Company and/or the Services might be perceived as damaging to
Company's reputation and goodwill or actually bring Company into disrepute;
3.5. use the Services, whether directly or indirectly, in order to transmit, distribute,
display or otherwise make available any content which may infringe third party
rights, including Intellectual Property (as such term is defined below) rights and
privacy rights, or which may contain any unlawful content;
3.6. circumvent, disable or otherwise interfere with security-related features of the
Services or any part thereof or features that prevent or restrict use or copying of any
Intellectual Property or that enforce limitations on use of the Services or any part
thereof;
3.7. make the Services available over a network where it could be used by multiple
devices owned or operated by different people at the same time;
3.8. impersonate any person or entity or provide false information on, through or in
connection with the Services, whether directly or indirectly, and/or falsely state or
otherwise misrepresent your affiliation with any person or entity, or express or imply
that Company or any third party endorses you, your business, or any statement or
use you make;
3.9. transmit or otherwise make available in connection with the Services, and/or
directly or indirectly use the Services to distribute and/or otherwise transmit any
virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer
code, file, or program that may or is intended to damage or hijack the operation of
any hardware, software, or telecommunications equipment, or any other actually or
potentially harmful, disruptive, or invasive code or component;
3.10. interfere with or disrupt the operation of the App, or the servers or networks
that host the Services or make the Services available, or disobey any requirements,
procedures, policies, or regulations of such servers or networks;
3.11. sell, license, or exploit for any commercial purposes any part, feature or use of
the Services;
3.12. use the Services for and/or in connection with any form of spam, unsolicited
mail, harassment, wire fraud or similar conduct;
3.13. create a database by systematically downloading, collecting and/or storing all
or any of the contents and data generated and/or made available via the Services or
in connection thereto (collectively, "Data"), or forward any such Data without the prior
written consent of the Company;
3.14. bypass any measures which may be used to prevent or restrict access to the
Services and/or certain functionalities therein and/or any Data;
3.15. use the Services or Data for any illegal, immoral or unauthorized purpose;
3.16. Remove, alter or obscure any proprietary notice or identification, including
copyright, trademark, patent or other notices, contained in or displayed on or via the
Services;
3.17. use the Services and/or Data for non-personal or commercial purposes without
Company's prior express written authorization; and/or
3.18. infringe or violate any of these Terms of Use or any applicable law.
4. PRIVACY NOTICE
We respect your privacy and are committed to protect the personal information you
share with us in connection with the Services. Our policy and practices are
described in our Privacy Notice available at our website
https://fonoface.com/privacy.htm.
5. MINORS.
You may use the Services only if you are at least sixteen (16) years old. If you are
under the age of eighteen (18) or under the legal age to form a binding contract in
the jurisdiction in which you are located, you may only use the Services under the
supervision of a parent or legal guardian who has agreed to stand behind any action
you take and/or agreement you enter into while using the Services, including these
Terms of Use. We reserve the right to require you at any stage to provide proof of
age, and, if applicable, approval of your use of the Services by your parent or legal
guardian, so that we can verify that only eligible Users are using the Services. In the
event that it comes to our knowledge that a person under the age of sixteen (16) is
using the Services, we may prohibit and block such User from using the Services.
6. USER REPRESENTATIONS AND UNDERTAKINGS
Your use of the Services (or any part thereof) is dependent on the fact that, to the
maximum extent permitted by law, you hereby represent, warrant and agree that:
6.1. The execution of the Terms of Use does not and will not violate any other
agreement to which you are bound or any law, rule, regulation, order or judgment to
which you are subject;
6.2. You will not infringe or violate any of the terms in the Terms of Use;
6.3. You possess the knowledge and judgment necessary to decide whether to use
the Services or otherwise interact with other Users of the Services;
6.4. You are solely responsible for complying with applicable laws regarding use of
the Services, or any other interaction you make through or in connection with the
Services, including, without limitation, the determination when you provide contact
information to the Services for the Company to share it with other Users of the
Services;
6.5. You will not rely on Company and fully understand that we do not provide any
endorsement, support, representation or guarantee regarding the accuracy,
reliability, truthfulness, legality or completeness of any information or content that
may be available to you in connection with the App, including any Third Party
Services; and
6.6. Company cannot and does not guarantee any specific outcomes from any use
and/or interactions with other Users and/or other Third Party Services through or in
connection with App, and you hereby assume all risks, liabilities and/or harm of any
kind arising in connection with and/or resulting from such interactions. Such risks
may include, among others, misrepresentation of information about and/or by other
Users and/or Third Party Services, charges applied by Third Party Services, breach
of warranty and/or contract, violation of rights and any consequent claims.
6.7. If you provide us with personal information about someone else (as part of your
Contact Information provided for the purpose of the Face Dialer Functionality, or
otherwise), you confirm that they are aware that you have provided their data and
that they consent (and continue to consent as long as you continue to provide this
information to us) to our processing of their data for the purpose of providing the
services.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The Services, Company's proprietary software, algorithms and any and all
intellectual property rights pertaining thereto, including, any inventions, patents and
patent applications, trademarks, trade names, logos, copyrightable materials,
graphics, text, images, products, sounds, videos, designs (including the "look and
feel" of the App and any part thereof), specifications, methods, procedures,
information, know-how, data, technical data, interactive features, source and object
code, files, interface, GUI and trade secrets, whether or not registered and/or
capable of being registered (collectively, "Intellectual Property"), are owned by
and/or licensed to Company, and are subject to copyright and other applicable
intellectual property rights under Peruvian laws, foreign laws and international
conventions.
7.2. These Terms of Use do not convey to you any interest in or to the App (or any
part thereof), but only a limited license of use in accordance with the license granted
hereunder. Nothing in these Terms of Use constitutes a waiver of Company's
Intellectual Property rights under any law.
7.3. "Fonoface" and all logos and other proprietary identifiers used by Company in
connection with the App and/or Company ("Company Marks") are all trademarks
and/or trade names of Company, whether or not registered. All other trademarks,
service marks, trade names and logos which may appear on or with respect to the
App, including those used as links to Third Party Services, belong to their respective
owners ("Third Party Marks"). No right, license, or interest to Company Marks and/or
to the Third Party Marks is granted hereunder, and you agree that no such right,
license, or interest shall be asserted by you with respect to Company Marks or the
Third Party Marks and therefore you will avoid using any of those marks, unless
expressly permitted herein.
7.4. You are hereby prohibited from removing or deleting any and all copyright
notices, restrictions and signs indicating proprietary rights of Company and/or its
licensors, including copyright mark [©] or trademark [® or ™] contained in or
accompanying the App, and you represent and warrant that you will abide by all
applicable laws in this respect. You are further prohibited from using, diluting or
staining any name, mark or logo that is identical, or confusingly similar to any
Company Marks.
8. THIRD PARTY SERVICES
8.1. The App may enable access and/or include links to certain Third Party Services,
including various mobile applications installed on the User's device. Such Third Party
Services are not provided, endorsed, controlled or monitored by the Company, and
the inclusion of any links or access to Third Party Services does not imply any
endorsement by the Company of any such Third Party Services.
8.2. The Company shall not be responsible for the availability, usability or operability
of any such Third Party Services, nor is responsible for the content, privacy
maintenance, or any action taken by any third party or by any User through or in
connection with any such Third Party Services.
8.3. When you choose to initiate and/or use Third Party Services through or in
connection with the App, you do so at your own risk and under your own discretion.
You hereby acknowledge that we shall not be responsible for any loss or damages of
any sort relating to your use of any Third Party Services, and you hereby expressly
waive any and all claims against the Company from any and all liabilities relating to
any Third Party Services. We shall not be responsible for and make no
representations and/or warranties, expressed or implied, as to Third Party Services,
including but not limited to, any privacy practices thereof. These Terms of Use do not
grant you with any right with respect to Third Party Services. Most Third Party
Services provide legal documents, including, terms of use and privacy policy,
governing the use of each such Third Party Services, their contents and services.
We encourage you to read these legal documents carefully before using any such
Third Party Services.
9. THIRD PARTY COMPONENTS
9.1. The App includes certain third party software, files and components that are
subject to open source and third party license terms ("Third Party Components"), as
listed under Exhibit A hereto ("Open Source Licenses"). Your right to use such Third
Party Components as part of, or in connection with, the App is subject to any
applicable acknowledgements and license terms accompanying such Third Party
Components, including those contained in their respective Open Source Licenses or
related thereto. By accepting the terms and conditions of these Terms of Use, you
also accept the terms and conditions of the Open Source Licenses. In the event of
any inconsistencies or conflicting provisions between the licensing terms of the
Open Source Licenses for each such Third Party Components and these Terms of
Use, the licensing terms of the applicable Open Source Licenses shall prevail only in
connection with the related Third Party Components. These Terms of Use do not
apply to any Third Party Components accompanying or contained in the App, and
Company disclaims all liability related thereto. You acknowledge that Company is not
the author, owner or licensor of any Third Party Components, and that Company
makes no warranties or representations, express or implied, as to the quality,
capabilities, operations, performance or suitability of Third Party Components. Under
no circumstances shall the App or any portion thereof (except for the Third Party
Components contained therein) be deemed to be "open source" or "publicly
available" software.
9.2. In addition, certain Open Source Licenses include a copyright notices
("Notices"), which form an integral part of such licenses and must be included in the
documentation of any future redistribution of any software or products that use, are
derived from or are based on the respective Third Party Materials subject to such
Open Source Licenses. The rights granted under these Terms of Use are subject to
such copyright notices, to the extent that such notices appear in the Open Source
Licenses.
9.3. The above statements are a general description of typical provisions contained
in the Open Source Licenses. If you wish to receive more information related to this
section, please send us an email to soporte@fonoface.com.
10. USAGE RULES
10.1. Since you may download the App from a third party platform, service provider
or distributor (e.g. the Google Play store) ("Platform Provider") your download and
use of the App may also be governed by usage rules which the Platform Provider
may have established and which relate to your use of the App ("Usage Rules").
Please note that in such case, Usage Rules may apply, and it is your responsibility
to determine which Usages Rules apply to your use of the App. You undertake to
comply with all the applicable Platform Provider's Usage Rules. The terms of the
Usage Rules may prevail any other Terms. You represent that you are not prohibited
by any applicable laws or Usage Rules from downloading and/or using the App. Any
download and/or use of the App by anyone prohibited by any applicable laws or
Usage Rules from downloading and/or using the App is expressly prohibited.
10.2. You acknowledge and agree that Platform Provider has no responsibility for the
App or content thereof, nor does it have any obligation whatsoever to furnish any
maintenance and support services with respect to the App. In the event of any failure
of an App downloaded from a Platform Provider to conform to any applicable
warranty, you may notify the Platform Provider, and such Platform Provider may
refund the purchase price for the App to you; to the maximum extent permitted by
applicable law, Platform Provider will have no other warranty obligation whatsoever
with respect to the App, and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be solely
governed by these Terms and any law applicable to Company as provider of the
App. You acknowledge that the Platform Provider is not responsible for addressing
any claims of you or any third party relating to the App or your possession and/or
use of the App, including, but not limited to: (i) product liability claims; (ii) any claim
that the App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation; and all such
claims are governed solely by these Terms and any law applicable to Company as
provider of the App.
10.3. When downloading the App from the Apple, Inc. ("Apple") App Store (or in any
event if you download an Apple iOS App) then, without derogating from the warranty
disclaimers and limitation of liability as set forth in these Terms of Use:
(i) You acknowledge and agree that:
a. These Terms of Use are concluded between the Company and you only, and not
with Apple, and the Company and its licensors, and not Apple, are solely responsible
for the App and the content thereof.
b. Your use of the App is also subject to the Usage Rules established by Apple,
including those set forth in the Apple App Store Terms of Service, effective as of the
date that you enter into these Terms of Use.
c. the license granted herein is limited to a non-transferable right to use the App on
an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or
control and that runs the iOS;
d. the Company is solely responsible for providing any maintenance and support
services with respect to the App, and Apple has no obligation whatsoever to furnish
any maintenance and support services with respect to the App;
e. The Company is solely responsible for any product warranties, whether express
or implied by law, to the extent not effectively disclaimed. In the event of any failure
of the App to conform to any applicable warranty, you may notify Apple, and Apple
will, to the extent applicable, refund any purchase price paid (if any) by you for the
App to you. To the maximum extent permitted by applicable law, Apple will have no
other warranty obligation whatsoever with respect to the App, and, any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty will be the Company's sole responsibility;
f. the Company, and not Apple, is responsible for addressing any product claims you,
or any third party, may have relating to the App or your possession and/or use of the
App, including, but not limited to: (a) product liability claims; (b) any claim that the
App fails to conform to any applicable legal or regulatory requirement; and (c) claims
arising under consumer protection or similar legislation;
g. in the event of any third party claim that the App or your possession and use of
the App infringes that third party's intellectual property rights, Apple shall not be
responsible for the investigation defense, settlement and discharge of any such
intellectual property infringement claim;
h. Apple, and its subsidiaries, are third party beneficiaries of these Terms of Use,
and that, upon your acceptance of the terms and conditions of these Terms of Use,
Apple will have the right (and will be deemed to have accepted the right) to enforce
these Terms of Use against you as a third party beneficiary thereof.
(ii) You represent and warrant that: (a) you are not located in a country that is subject
to a U.S. Government embargo, or that has been designated by the U.S.
Government as a "terrorist supporting" country; and (b) you are not listed on any
U.S. Government list of prohibited or restricted parties
(iii) If you have any questions, complaints, or claims regarding the Service, please
contact the Company at:
Email: soporte@fonoface.com
(iv) By entering into these Terms of Use, you, to the extent legally permitted, hereby
waive any applicable law requiring that these Terms of Use be localized to meet your
language and other local requirements. To the extent that the foregoing is not
permitted, you agree to be bound by the standard Apple Licensed Application End
User License Agreement which is part of the Apple App Store Terms of Service, at
www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to
time)
11. CONFIDENTIALITY
You may have access to certain non-public or proprietary information and materials
of the Company, whether in tangible or intangible form ("Confidential Information").
You shall take commercially reasonable measures to protect the Company's
Confidential Information within your possession or control, from misuse or disclosure
to a third party. You shall use the Company's Confidential Information solely for the
purposes of performing under these Terms of Use. In the event that you are required
to disclose Confidential Information of the Company pursuant to any Law, regulation,
or governmental or judicial order, you will (a) promptly notify the Company in writing
of such Law, regulation or order, (b) reasonably cooperate with the Company in
opposing such disclosure, (c) only disclose to the extent required by such Law,
regulation or order (as the case may be).
12. EXPORT LAWS
You agree to comply fully with all applicable export laws and regulations to ensure
that neither the Company's Services nor any technical data related thereto are
exported or re-exported directly or indirectly in violation of, or used for any purposes
prohibited by, such laws and regulations.
13. CHANGES TO THE SERVICES
To the maximum extent permitted by law, the Company reserves the right to modify,
correct, amend, enhance, improve, decide to provide for free or for fee, make any
other changes to, impose limits on certain features, or discontinue, temporarily or
permanently, the Services (or any part or functionality thereof) without notice, at any
time, including based on the territory you are located in, your operating system or
any other operational, technical or other reasons at its discretion. In addition, you
hereby acknowledge that the functionalities included in the App may be changed,
extended or reduced in terms of content and form or removed at any time without
any notice to you. You agree that Company shall not be liable to you or to any third
party for any modification, suspension, or discontinuance of the Services (or any part
or functionality thereof).
14. DISCLAIMER AND WARRANTIES
14.1 THE APP IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE"
BASIS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE
APP OR OF ANY INFORMATION PROVIDED OR OTHERWISE DISSEMINATED IN
CONNECTION WITH THE APP IS AT YOUR OWN RISK. THE COMPANY MAKES
NO WARRANTY OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED IN
CONNECTION WITH THE APP AND YOUR USE OF THE APP OR ANY
INFORMATION PROVIDED OR OTHERWISE DISSEMINATED IN CONNECTION
WITH THE APP (INCLUDING USER SUBMISSIONS), AND HEREBY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF QUALITY, FITNESS FOR ANY PARTICULAR
PURPOSE, MERCHANTABILITY, COMPLETENESS, TITLE, NON-INFRINGEMENT
AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR
USAGE OF TRADE. THE COMPANY SHALL NOT BE LIABLE FOR ANY
DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES RESULTING FROM
YOUR USE OF THE APP.
14.2 THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE
RESULTS OF THE USE OR OPERATION OF THE SERVICES (OR ANY PART OR
FUNCTIONALITY THEREOF).
14.3 WHILE USING THE APP, YOU MAY LAUNCH AND INITIATE USE OF
VARIOUS THIRD PARTY SERVICES AND APPLICATIONS, SUCH AS FOR
MAKING CALLS, SENDING MESSAGES, UPLOADING AND RECEIVING DATA
(COLLECTIVELY, "THIRD PARTY SERVICES"). NOTE THAT USE OF SUCH
THIRD PARTY SERVICES MAY BE SUBJECT TO ADDITIONAL CHARGES (FOR
EXAMPLE, BY YOUR MOBILE NETWORK OPERATOR AND/OR THE THIRD
PARTIES PROVIDING SUCH SERVICES). WE HIGHLY RECOMMEND THAT YOU
CONSIDER OBTAINING UNLIMITED CALLING, MESSAGING AND DATA PLANS
BEFORE USING ANY SUCH THIRD PARTY SERVICES. IN ANY EVENT, WE
SHALL NOT BE LIABLE FOR ANY CHARGES OR OTHER DUTIES OR
LIMITATIONS HOWEVER IMPOSED ON YOU BY THIRD PARTIES. FOR MORE
INFORMATION REGARDING THE CHARGES APPLICABLE TO YOU (IF ANY),
PLEASE CONTACT YOUR SERVICE PROVIDERS.
14.4 THE COMPANY AND ITS AFFILIATES, INCLUDING ANY OF THEIR
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-
CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER
AFFILIATES (COLLECTIVELY, "COMPANY AFFILIATES"), JOINTLY AND
SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES
AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY,
SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR
EFFECTIVENESS OF ANY CONTENT, DATA, FEATURE, FUNCTIONALITY,
RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN
CONNECTION WITH YOUR OR ANY USER'S USE OF THE SERVICES.
14.5 COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY THIRD PARTY SERVICES LINKED TO, LAUNCHED
AND/OR OTHERWISE REFERENCED OR MADE AVAILABLE THROUGH THE
SERVICES, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND
ANY THIRD PARTY SERVICES.
14.6 THE COMPANY DOES NOT AND CANNOT WARRANT THAT THE
OPERATION OF THE SERVICES IS OR WILL BE SECURE, ACCURATE,
COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES,
WORMS, BUGS, SECURITY BREACHES, OTHER HARMFUL COMPONENTS, OR
OTHER PROGRAM LIMITATIONS. THE COMPANY MAY, AT ITS SOLE
DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY,
AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE
SERVICES AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY
CONTENT, FUNCTIONALITIES OR FEATURES WITHOUT ANY NOTICE TO YOU.
14.7 YOU AGREE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE
FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT
FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS,
TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.
14.8 YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES,
INCLUDING USE OF AND/OR RELIANCE ON ANY INTELLECTUAL PROPERTY,
CONTENT AND/OR THIRD PARTY SERVICES AVAILABLE THROUGH THE
SERVICES, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
14.9 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMNT, THE COMPANY
MAKESS NO REPRESENTATION OR WARRANTY WHATSOEVER WITH
RESPECT TO THE SERVICES OR INTELLECTUAL PROPERTY.
14.10 IT IS YOUR RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS
REQUIRED UNDER ANY APPLICABLE LAWS, AND YOU HEREBY REPRESENT
AND WARRANT THAT YOU HAVE DULY OBTAINED SUCH CONSENTS
NECESSARY FOR THE USE OF ANY INFORMATION PERTAINING TO OTHERS
(INCLUDING YOUR MOBILE CONTACTS) THROUGH OR IN CONNECTION WITH
THE APP (INCLUDING BY WAY OF INITIATING INTERACTIONS WITH ANY SUCH
CONTACTS THROUGH THE APP), AND TO ADHERE TO ANY APPLICABLE
STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
14.11 Please note: the Company is not in any way responsible for the conduct or
behavior of Users who are using the App, nor for any Third Party Services (as
defined below) which may be linked through the App and/or initiated thereby. To the
maximum extent permitted by law, the Company shall not be responsible nor liable
for any damage or loss that may result from your or any other Users' use of the App,
and/or for any subsequent use of any Third Party Services. The Company does not
in any way endorse any application, product, service, interaction or any content
thereof, which may be used or otherwise connected by Users on, to and/or through
the App and/or any Third Party Services.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ANY OF THE COMPANY
AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR
INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM
AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS,
THE PERFORMANCE OR FAILURE OF COMPANY TO PERFORM UNDER
THESE TERMS OF USE, AND ANY OTHER ACT OR OMISSION OF COMPANY
OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION
DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD
PARTY SERVICES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS
OF USE MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE
OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH
LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL
CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT,
WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU
HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF
LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE
CONSIDERATION FOR COMPANY'S SERVICES TO YOU, AND SUCH
LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF COMPANY AND/OR ANY
COMPANY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LIABILITES AND/OR DAMAGES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF
LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE
CONSIDERATION FOR THE LICENSE GRANTED UNDER THESE TERMS OF
USE, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF COMPANY
AND/OR ANY COMPANY AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.
IN ANY EVENT, THE COMAPNY'S TOTAL AGGREGATE LIABILITY FOR ALL
DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH
THESE TERMS OF USE, OR THAT RESULT FROM YOUR USE OF OR INABILITY
TO USE THE SERVICES, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE
TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO THE COMPANY FOR
USING THE SERVICES WITHIN THE THREE (3) MONTHS PRECEDING THE
DATE OF BRINGING A CLAIM.
16. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold
harmless Company from and against any and all claims, damages, obligations,
losses, liabilities, costs, debts, and expenses (including attorney's fees) arising from:
(i) your use of the Services; (ii) your violation of any of these Terms of Use; and (iii)
any damage of any sort, whether direct, indirect, special or consequential, you may
cause to any third party which relates to your use of the Services (including your
violation of any law or the rights of third party, including any Intellectual Property
rights or privacy rights of such third party). Without derogating from or excusing your
obligations under this section, we reserve the right (at your own expense), but are
not under any obligation, to assume the exclusive defense and control of any matter
which is subject to an indemnification by you if you choose not to defend or settle it.
You agree not to settle any matter subject to an indemnification by you without first
obtaining our express approval.
17. AMENDMENTS TO THE TERMS
The Company may change the Terms from time to time, at its sole discretion and
without any notice, including the Privacy Notice. We will notify regarding substantial
changes of these Terms of Use on the App. Such substantial changes will take effect
seven (7) days after such notice was provided on our App. Otherwise, all other
changes to these Terms of Use are effective as of the stated "Last Revised" date
and your continued use of the App after the Last Revised date will constitute
acceptance of, and agreement to be bound by, those changes. Please note that in
the event that the Terms of Use should be amended to comply with any legal
requirements, the amendments may take effect even immediately, or as required by
the law and without any prior notice.
18. TERMINATION
18.1. The Company may at any time block your access to the App, temporarily or
permanently limit, suspend or terminate your access privileges and license to use
the App, or to require you to abstain from using the App, if you engage in any
conduct or activities that we determine, in our sole discretion, violate these Terms of
Use or the rights of the Company or any third party, or is otherwise inappropriate, in
addition to any other remedies that may be available to Company under any
applicable law. Such actions by Company may be taken, inter alia, if Company
deems that you have breached any of these Terms of Use in any manner.
18.2. Additionally, the Company may at any time, at its sole discretion, cease the
operation of the App or any part thereof, temporarily or permanently, or delete any
information from the App or any Data without giving any prior notice or assuming any
responsibility or liability to you or any third party.
18.3. Upon the termination of the license, for any reason, you shall cease using the
App and promptly remove any copies of the App and Data from your device, and
destroy any such copies in your possession and/or control. The provisions of Section
7 (Intellectual Property), Section 15 (Limitation of Liability), Section16
(Indemnification), Section18 (Termination), and Section19 (General), will survive the
termination or expiration of these Terms of Use and/or the license.
19. GENERAL
19.1. These Terms of Use do not, and shall not be construed to create any
relationship, partnership, joint venture, employer-employee, agency, or franchisor-
franchisee relationship between Company and you.
19.2. These Terms of Use, and the rights and remedies provided hereunder, and any
and all claims, disputes and controversies arising hereunder or related hereto and/or
to the App, their interpretation, or the breach, termination or validity thereof, the
relationships which result from these Terms of Use, or any related purchase shall be
governed by, construed under and enforced in all respects solely and exclusively in
accordance with the laws of the State of Peru without reference to its conflict-of-laws
principles, and shall be brought in, and you hereby consent to exclusive jurisdiction
and venue in, the competent courts in Lima, Peru.
19.3. The Company may assign its rights and obligations hereunder and/or transfer
ownership rights and title in the App to a third party without your consent or prior
notice to you. You may not assign or transfer any of your rights and obligations
hereunder without the prior written consent of Company. Any attempted or actual
assignment thereof without Company's prior explicit and written consent will be null
and void.
19.4. If any provision of these Terms of Use is found to be unlawful, void, or for any
reason unenforceable, then that provision will be deemed severable from these
Terms and will not affect the validity and enforceability of any remaining provisions.
19.5. No waiver by either party of any breach or default hereunder will be deemed to
be a waiver of any preceding or subsequent breach or default. Any heading, caption
or section title contained herein is inserted only as a matter of convenience, and in
no way defines or explains any section or provision hereof.
19.6. These Terms of Use constitute the entire terms and conditions between you
and Company relating to the subject matter herein and supersedes any and all prior
or contemporaneous agreements, understandings, promises, conditions,
negotiations, covenants or representations, whether written or oral, between
Company and you, including, without limitation, those made by or between any of
our respective representatives, with respect to the App. You agree that you will make
no claim at any time or place that these Terms of Use have been orally altered or
modified or otherwise changed by oral communication of any kind or character. You
further agree that you are not relying upon any promise, inducement, representation,
statement, disclosure or duty of disclosure of Company in entering into these Terms
of Use.
20. CONTACT
If you have any questions (or comments) concerning the Terms of Use or the
Services, you are welcome to send us an email to the following address, and we will
make an effort to reply within a reasonable time-frame: soporte@fonoface.com