Terms of service
IMPORTANT: SARAVIK will not use the private and sensitive information provided by users on any terms involving their exposure in the mass media without express permission from the data subjects. However, SARAVIK is excluded from any responsibility for the misuse of information that users themselves or third parties can do with it.
This document refers to the rights and obligations in the use of SARAVIK Web, software, App and service (all collectively the Service) tablets, computers, cellular or mobile, smartwatches and on any device with WIFI or multimedia access. These Terms constitute a binding and full agreement with SARAVIK (including its affiliates and subsidiaries) as the owner of all rights in the Service, and you. Please, we recommend carefully to read these Conditions. SARAVIK; is part of [SARAVIK LLC OR OTHER] with offices in 4254 Vineyard Cir, Weston, FL 33332. By using the SARAVIK Service, you accept our terms of use, privacy policy and copyright policy, which are part of a whole of these Terms Of Service. Without your consent, you will not be able to use our services.
Acceptance. In addition, by using the Service, you provide your personal data used for registration, such as name, mailing address, nickname (user), city, province or state, country, geolocation or other relevant information. Note that you also give your consent according to sharingpersonal information for statistical and commercial purposes. This agreement may or may not include the exchange of information stored by SARAVIK clientsand the use of dedicated publicity (tracked ad) within SARAVIK’s network. In resume, all the personal information you give, as well as its participation in SARAVIK or use of the associated services of SARAVIK is considered only for the purposes described in these terms and in accordance with the law 18331 (LPDP) of Personal Data Protection and Habeas Data(Uruguay) as well as with the Privacy Protection Act (United States), the Children's Online Privacy Protection Act (COPPA, United States), the California Online Privacy Protection Act (CalOPPA, California, CA. States), the Organic Law 15/1999 on data protection (LOPD, Spain)and the GDPR on the protection of individuals against the processing of personal data and other national, international and regional standards on the protection of personal data and privacy of individuals. SARAVIK has no obligation to control the use that users make of their services. In particular, SARAVIK cannot guarantee that users use the service in accordance with these terms of use, or do so in a diligent and prudent way. SARAVIK has no obligation to verify the identity of users or the accuracy, validity, completeness and / or authenticity of the data that users provide about themselves to other users. In turn, SARAVIK is not responsible if the content posted by users violates good manners, morality, others sensitivity, as well as violations of laws protecting privacy, honor and integrity of all persons or any law. If you wish to exercise your rights in accordance with data protection, privacy, honor and equivalents, you may do so by sending an email to [privacy email address] to its effects. Keep in mind that this could mean the termination of use of services SARAVIK
POINTS
The following points in this document are communicated to you in order to respect their rights only.
Changes to the Terms. SARAVIK reserves the right to make changes to the Terms occasionally. When these changes are made, SARAVIK will make a new version of the Terms available and published on the website (or any alternative URL as SARAVIK may designate when deemed appropriate) as well as corresponding to the app section, a conspicuous and accessible way. You understand and agree that if you use the Service after the date on which the conditions have changed, SARAVIK will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate this Agreement by ceasing to use our Service. If the change is made to our view, significant, we will alert users using a visible warning the next time you connect to our services, as deemed appropriate. The “When” a change constitutes a significant change, will be determined using our common sense and good faith.
The Internet connection to use our services is of your entire responsibility. Expenses and data that you use as well as sites, online services and others, will be your responsibility exclusively. SARAVIK not liable for any legal, judicial, administrative or commercial disadvantage that the user is generated by the use or misuse of services.
Legal age for using our service. The service is intended to be used by users from 16 years old and for under that age, with the knowledge, consent and control of their parents or guardians. If we detect any account belonging to a user under 13 years old and does not meet the rules described above, this account will be eliminated by SARAVIK. You acknowledge and guarantee that you have full power, capacity and authority to accept these Terms. Important: Some laws vary as to the partial or total permissibility of access and consent of minors to the use of apps and online services. In the event that this were so, the age of 16 years described in this clause is understood that represents the legal age established in each country, and therefore, the same applies with full effectiveness, and other content of this contract (Indivisibility).
Legal restrictions. You cannot access the Service and may not accept the Terms if somehow implies an impediment to use the Service in accordance with the laws of the United States, Uruguay, Spain and any other country in Latin America..
Management of capital and financial intermediation. SARAVIK as if, is also governed by the provisions of laws and regulations of financial regulation, those governing financial, banking and capital management institutions, as well as those referred to money laundering and related. Therefore, it is subject of SARAVIK and we will adapt any situation immediately to any changes made to this sector. You agree hereby to submit to the laws mentioned in this clause, if you choose to use our app and services.
THE SERVICE AS IS
SARAVIK is an “online store” where the client is provided with high quality pieces of clothing designed by the owner itself.
USE OF THE SERVICE
You may use the Service only for lawful, private and personal purposes. You should not use the Service to market or commercialize the results. You may not copy, print, save or otherwise use SARAVIK data or database service. By using SARAVIK, you cannot participate in the scraping, data mining or index. You agree that you will not use any robot, spider, scraper or other automated toolsto access to SARAVIK database or the Service for any purpose, without the express written permission of SARAVIK. The service cannot be used in any different manner that is not expressly permitted by these Terms. If your intentions are others, please remember that it is not allowed to, and you must stop using the service immediately. Any violation of the Terms and Conditions by the user will turn in his or her responsibility for it and to their own detriment.
USE OF SERVICE TERMINATION
You can stop using the Service at any time and for any reason. You are not obliged to explain to SARAVIK of such termination. SARAVIK has the right to block the access to the service and end the use of the Service at any time and for any reason SARAVIK deems appropriate, in its sole and absolute discretion. In addition, we reserve the right to share your personal information or information that relates to you, with appropriate third parties in the following circumstances:
● If during registration you have intentionally provided incorrect or unfair information;
● If you are involved in any act that is harmful or may be harmful to SARAVIK, or any third-party providers or partners of SARAVIK;
● If you have used or attempted to use the Service for an unlawful act or an act which is apparently illegal, or if your use of the Service allows, facilitates, participates or encourages the commission of such allegedly unlawful acts;
● If you have violated these Terms;
● If the exchange of information is required to meet an order, subpoena or decree prescribed by a judicial or administrative authority;
● If the exchange of information is done in order to detect, prevent or deal in one way or another to technical problems, security breaches, or in cases of alleged violation of fraudulent required.
ATTRIBUITIONS
The content provided through the Service may contain the trade names, trademarks, service marks, logos, domain names or other distinctive brand of SARAVIK and copyrighted material, partners, or other content right holders provided by SARAVIK. When this attribution is provided, it will be displayed through the Service or as described in service and you cannot remove or modifythese trade names, trademarks, service marks, logos, domain names or other distinctive brand features. You understand and agree that SARAVIK has the sole right and discretion to determine whether your assignment (s) meet the above requirements. This Service may send emails to registered users with ads, promotions, among others. If the user wishes to be excluded from this list, you should forward the message with REMOVE in the subject.
LIABILITY
SARAVIK will not be liable for obligations assumed by companies and third parties and / or activities and services or sales provided by companies and third parties involved (such as banks, brokers, clearinghouses, search systems and service offering, among others) or which SARAVIK offered or promoted their services as they are their own responsibility. You understand that when performing operations with other users, companies or third-party services do so at their own risk. In any case SARAVIK cannot be liable for lost profits or any other damage and / or damage that may have you suffer, due to the operations performed by third party services, or in all cases where these companies or services offered by third parties comply with the published, agreed, promised, committed, or displayed asserted on behalf of or in connection with SARAVIK.
USE OF PROHIBITED PUBLICATIONS AND COMMUNICATIONS
It is prohibited to use or publish or communicate content that is commercial (including advertising), unless such messages relating to SARAVIK, the Service, or products SARAVIK or SARAVIK has been approved and / or authorized beforehand. By treating content to be used by the Service, you must make sure it is legal. You may be unable to use any content that may diminish or infringe right properties, of others, including but not limited to copyrights and trademarks. Is forbidden to use or communicate content that represents a security risk, a person’s health or whose content is aimed at identifying other people without getting their consent to the disclosure of the personally identifiable information, or in relation to minors and identifying them, their personal details or their address and contact information, content that is unlawful, defamatory, libelous or invades the privacy of others, hostile, offensive, threatening or vulgar, which is characterized by, or encourages racism or hatred and discriminates race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political or socio-economic class, that encourages conduct that would be considered a criminal, an offense, or give rise to civil liability, a private right of action, or otherwise demand, promoting pyramid schemes, letters chains or disruptive commercial messages or advertisements, or any other action prohibited by law or under these Terms, or any offense that falsely expresses or implies that such content is sponsored or endorsed by SARAVIK (Portrayal in a False Light/Defamation).
RIGHTS ON THE CONTENT
When you send or post text or content that will be addressed in the Service, you represent and warrant that you own all intellectual property rights thereof, it is legal, for which it is allowed to use the content and allow to SARAVIK to publish content and exploit intellectual property rights. SARAVIK will not acquire any ownership rights to the content that you own.
COPYRIGHT
All intellectual property rights relating to the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets, are either the exclusive property of SARAVIK, or licensed to SARAVIK and its partners. The laws mentioned in this document, protect the Service. Copy, distribute, publicly display, offering the public our services, through communication, transfer to the public, modify, adapt, transform, create derivative works from, sell or lease any part of the Service, in any form or medium, without the prior written consent of SARAVIK, are strictly prohibited. SARAVIK, the SARAVIK and SARAVIK logo and other trademarks and / or service marks are registered and cannot be used in any of the above means. SARAVIK design is protected by copyright laws and all intellectual property rights and its work remains in the exclusive property of SARAVIK. You cannot copy or print any information or material from SARAVIK unless express authorization. SARAVIK can protect the Service by technological tools designed to prevent unauthorized use of the Service. You agree not to circumvent these means. SARAVIK may repeal under these Terms or under any law, the violation of rights and the Service. In this case, you should immediately cease any and all use of the service and its obligations to SARAVIK. SARAVIK exerts efforts to provide high quality and satisfactory service. However, we do not guarantee that the service will operate uninterrupted or error free, or that will always be available or free from all harmful elements, or safe, or safe from unauthorized access to computers (data breach), or is immune to damage, free from bugs, errors or hardware failures, software errors and miscommunications software products originating in SARAVIK or by its suppliers. SARAVIK, INCLUDING ITS OFFICERS, DIRECTORS, SHAKEHOLDERS, EMPLOYEES, AGENTS AND SUBCONTRACTORS ARE NOT LIABLE FOR PUBLISHED ON THE ASSUMPTIONS SPACES OF USE, AND WRITING posted CONTENTS: FORUM, CHAT, MODULE COMMENTS VIDEOS ZONE; AND ANY OTHER space where users can post information freely OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF EARNINGS DATA), COSTS, EXPENSES AND PAYMENTS, AND WHETHER IN TORT, INCLUDING, BUT NOT EXCLUSIVELY, FOR DAMAGES OF ANY KIND ARISING FROM THE THEFT OF PERSONALITY OF A THIRD PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH SARAVIK O IN ANY OTHER FORM OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, OR ANY FAILURE, ERROR OR DISTRIBUTION IN FUNCTION OF THE SERVICE, OR ANY ERROR MADE BY OUR STAFF OR ANYONE ACTING IN YOUR NAME OR YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DENIAL OR TERMINATION OF YOUR USER ACCOUNT OR RETENTION, DISPOSAL, ACCESS AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. SARAVIK will not responsible for system failures or errors that may lead to that the service is down for a certain amount of time and difficulty of use or any reason that could lead to the service is not available at the time use. Similarly, SARAVIK it expected that the service may be out of use for indefinite periods of time due to updates.
BREACH AND INDEMNITY
Notwithstanding any law, you agree to indemnify and hold harmless for SARAVIK and its employees, officers, directors and agents, in case you have violated these Terms or has operated illegally in relation with the Service. Given the nature of the service, compensation will cover all expenses, payments, costs, loss of profits or other damages, direct or indirect, monetary or non-monetary, incurred by SARAVIK, its employees, officers, directors or agents including legal fees and attorney fees.
APPLICABLE LAW AND JURISDICTION
These terms shall be governed exclusively by the laws of Uruguay, without giving effect to conflict of laws principles. Any dispute, controversy or claim arising out of, relating to, or in connection with these Conditions to the Service, shall be under the exclusive jurisdiction of the courts in the State of Florida, United States. For all legal purposes and jurisdictional communications, please refer to [privacy email address].
LIMITATIONS
If you want to file a right of action against SARAVIK, arising out of or related to the Service, you must do so within thirty (30) days from the day he realizes the cause of action. Failure to submit a claim within that period will result in a permanent ban on the cause of action, and will constitute the complete and definitive renunciation of any future trial.
RIGHTS ASSIGNMENT
You may not assign or transfer your rights to the Service, to third parties without the prior written consent of SARAVIK. SARAVIK may assign its rights in and to the Service to a third party in its sole and absolute discretion, provided that the third party is committed to the obligations of these Terms.
TERMS IN ITS ENTIRETY
These Terms, along with policies namely, Privacy Policy and Copyright Policy, will constitute an entire agreement between you and SARAVIK concerning Service. In case of inconsistency between these Terms and synopsis of the terms presented to the user during use of our services, these conditions will prevail.
CONTACT US
You can contact us regarding any questions about the service, sending an email to [privacy email address]. We will do our best to answer your questions or concerns promptly.
SMS/MMS Mobile Message Marketing Program Terms and Conditions
Santiago (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from Santiago via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.