"You" means you, as a user of our services. A "user" is someone who accesses, posts, edits, browses or uses our Services in any way. "Events" shall have the meaning referred to in Section 6 of these Terms. "We" and "us" and "our" shall mean Kamay Ventures. "Content" means text, images, photos, photos, audio, video and all other forms of data or communication. "Your Content" means Content that you submit or transmit through or in connection with our Services, such as posts, comments, invitations, messages, and information that you publicly display. "User Content" means Content that users submit or transmit to, through or in connection with our Services. "Kamay Ventures Content" means Content that we create and make available in connection with our Services. "Third Party Content" means Content that originates from third parties other than Kamay Ventures or its users that is made available in connection with our Services. "Site Content" is all Content that is made available in connection with our Services, including your Content, User Content, Third Party Content and Kamay Ventures Content.
These Terms may be modified at any time without prior notice to the participants. You understand and agree that your access to or use of our Services is governed by the Terms in effect at the time you access or use our Services. If we make material changes to these Terms, we will notify you by email or by posting a revised version of the Terms on our Site. We will also indicate at the top of this page the date on which the last revisions were made. You should review these Terms regularly, as revised versions will be binding on you. You understand and agree that your continued access to or use of our Services after the effective date of the modifications to the Terms indicates your acceptance of the modifications.
3. Use of our Services.
To access or use our Services, you must be 18 years of age or older and have the requisite authority to be bound by these Terms. You may not access or use our Services if we have previously excluded you from our Site.
B.Permission to Use the Site.
We grant you permission to use our Services subject to the restrictions in these Terms. Your use of our Services is at your own risk.
Our Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain personal information to use some of the features offered through our Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to terminate your account at any time for any reason or no cause.
E.Communications from Kamay Ventures and Other Users.
By creating an account, you agree to receive certain communications in connection with your use of our Services. For example, you may receive questions or requests from other Users regarding information or events you post on our Services. If you have subscribed to them, you will also receive reading lists and email newsletters about events happening in your area. We provide unsubscribe links in all of our email footers and, if you no longer wish to receive such communications from us, you may request to be removed from the distribution list.
A. Content Guidelines.
Our Services are intended to change the way large companies relate to the entrepreneurial ecosystem. They are not intended to be used as a forum for self-promotion or for the commercial benefit of their users (e.g., users are not permitted to promote personal commercial interests or services through the use of our Services).
B. Responsibility for Your Content.
You alone are responsible for Your Content and assume all risks associated with Your Content. You represent that you have the necessary permissions to use and authorize the use of Your Content as described herein. You may expose yourself to liability if, for example, ( i ) Your Content contains material that is false, intentionally misleading or defamatory; (ii) violates any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, rights of privacy, rights of publicity or any other intellectual property or proprietary rights; (iii) contains any material that is illegal, including illegal hate speech or pornography; (iv) exploits or harms minors; or (v) violates or advocates violation of any law or regulation.
C. Our Right to Use Your Content.
We may use Your Content in a variety of ways, including publicly displaying it, reformatting it, incorporating it into other works, creating derivative works, promoting it, distributing it, and allowing others to do the same in connection with their own content. Websites and Media Platforms ("Other Media"). You hereby grant to us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use Your Content for any purpose. Please note that you also irrevocably grant users of our Services and any other media the right to access Your Content in connection with their use of our Services and any other media. Finally, you irrevocably waive, and cause to be waived, against Kamay Ventures and its users any claims, including claims regarding moral rights, with respect to Your Content. By "use" we mean using, copying, publicly disseminating, displaying, reproducing, distributing, modifying, translating, deleting, analyzing, marketing and creating derivative works of Your Content.
- D.1. You own Your Content.
- D.2. We own the Kamay Ventures Content, which includes, but is not limited to, the visual interfaces, interactive features, graphics, design and all other elements and components of our Services, except for Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names and other intellectual property rights throughout the world ("Intellectual Property Rights") associated with Kamay Ventures Content and our Services, which are protected by copyright, trade dress, patent, trademark. Laws and all other applicable intellectual property rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations, publicly display or in any way exploit the Kamay Ventures Content in whole or in part, except as expressly authorized by us. Except as expressly authorized to you herein, we do not grant you any express or implied rights, and all rights in and to our Services and the Kamay Ventures Content are owned by us.
We reserve the right to remove, screen, edit or restore User Content at any time in our sole discretion for any or no cause, and without prior notice. We have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content.
A. You agree that you will not and will not assist, encourage or allow others to use our Services to:
- Violate our Content or Event Guidelines as set forth in these Terms.
- Violate the rights of any third party, including any violation of confidence, copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right.
- Threaten, stalk, harm or harass others, or promote bigotry or discrimination of any kind.
- Send bulk e-mail, surveys or other bulk messages, whether commercial or non-commercial.
- Violate any applicable law.
B. You agree that you will not and will not assist, encourage or permit others to:
- Violate the Terms
- Modify, adapt, appropriate, reproduce, reproduce, distribute, translate, create derivative works or adaptations, display, sell, trade or otherwise exploit our Services or Site Content (other than Your Content), except as expressly authorized by Kamay Ventures.
- Reverse engineer any part of our Services.
- Remove or alter any copyright, trademark or other proprietary rights notice appearing on any part of our Services or on any printed or copied materials from our Services.
- Record, process or extract information about other companies and/or users.
- Reformat or encapsulate any portion of our Services.
- Attempt to gain unauthorized access to our Services, user accounts, computer systems or networks connected to our Services by hacking, password mining or any other means.
- Use our Services or any Site Content to transmit viruses, worms, bugs, Trojan horses or other computer-related items of a destructive nature (collectively, "Viruses").
- Use any device, software or routine that interferes with the proper working of our Services, or attempts to interfere with the proper working of our Services.
- Use our Services to breach the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or cause damage to, our Services or Site Content.
- Remove, bypass, disable, disable, damage or otherwise interfere with security features of our Services, features that prevent or restrict the use or copying of Site Content, or features that impose limitations on the use of our Services.
A. Events and Acceptance of Terms.
As used below, the term "Kamay Code Event" means an event, promotion, contest, contest, meeting, workshop or the like organized or hosted by Kamay Ventures. A "NON-Kamay Code Event" means an event, promotion, contest, contest, meeting or similar organized by someone other than Kamay Ventures, but which may be featured or included in our Services. To participate in or attend a Kamay Code Event, you must agree to the terms of this Section 6. If you find that you cannot agree or do not agree to such terms, do not RSVP or attend any Kamay Code Event. If you confirm your attendance to any Kamay Code Event through our Services, it means that you have read, understood and accepted the terms of the event.
B. Assumption of risk / release of liability / indemnification.
Although we make our best efforts to create a safe environment at Kamay Code Events, accidents may occur. We ask that you try to help limit the possibility that you may be injured at a Kamay Code Event. You agree to carefully consider the risks inherent in any activity in which you choose to participate, and to take reasonable precautions before choosing to attend or participate in a Kamay Code Event. In summary, you understand that your attendance and participation in Kamay Code Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted by applicable law. Likewise, you agree that Kamay Ventures is not responsible for any injuries you may suffer at the Non-Kamay Code Events listed on our Services. You (your heirs, representatives or assigns, and any other person who may make a claim on your behalf) hereby release, waive, and agree not to sue Kamay Ventures or its trustees and fiduciaries and their respective controlling, controlled, related, affiliated companies or their directors, partners, shareholders, representatives, agents, employees, suppliers, sponsors and volunteers, and to hold all of them harmless from and against any and all claims, demands, damages, injuries, losses or expenses (including court costs and reasonable attorneys' fees) that may arise out of, result from, or are in any way related to your attendance or conduct at any Kamay Code Event or Non-Kamay Code Event, except for any gross negligence or willful misconduct on our part. You further agree to indemnify and hold Kamay Ventures, and their respective controlling, controlled, related, affiliated companies, or their directors, partners, shareholders, representatives, agents, employees, suppliers, sponsors and volunteers, harmless from and against any and all claims, demands, damage, injury, loss or expense (including court costs and reasonable attorneys' fees) arising out of, resulting from or in any way connected with your attendance or conduct at any Kamay Code Event or Non-Kamay Code Event, except for any gross negligence or willful misconduct on our part.
Kamay Ventures and its sponsors and suppliers may take photos and videos at Kamay Code Events, which they then use for promotional purposes. By participating or attending any Kamay Code Event, you agree that you may appear in some of these photos and videos, and authorize their use in this way, in the terms of art. 53 of the CCCN, and art. 31 of law 11723 . In addition, if you take any photos or videos of attendees at a Kamay Code Event and provide them to us, you authorize us to use them in the same manner and declare that the attendees appearing in your photos and videos have given their consent for such use. We do not control Non-Kamay Code Events or the people who organize them. No Kamay Code Event organizers or attendees may take photos or record videos in which you appear and then post them online (including, possibly, on our Services). By RSVPing to a No Kamay Code Event through our Services, you consent to the use of such media by Kamay Ventures for promotional purposes.
We may prohibit your attendance at any Kamay Code Event at any time if you fail to comply with the Terms, including this Section 6, or for any reason, without notice or liability of any kind. We reserve the right to cancel any Kamay Code Event at any time, for any reason, without liability.
7. Privacy and Copyright / Trademarks.
B. Copyright and Trademark Disputes
If you believe that your copyright or trademark is being infringed through our Services, please send us a written notice with the following information:
- Identification of the copyrighted work Law 11723 or trademark Law 22362 that you believe has been infringed;
- Identification of the allegedly infringing content and information reasonably sufficient to permit Kamay Ventures to locate it on our Site (e.g., the URL of the web page on which the content appears);
- A statement by you that you have a good faith belief that use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent or the law;
- A statement by you that you warrant that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
- Your physical or electronic signature, along with your contact information (address, telephone number and, if available, e-mail address).
If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written notice with the following information:
- Identification of the copyrighted or trademarked work that was removed, and the location within our Services where it would have been located prior to removal;
- A statement that you believe the content was removed as a result of error or misidentification. For trademark disputes only: reasonably sufficient information detailing why you are not infringing the work or trademark;
- A statement that you consent to the jurisdiction of the ordinary courts of the Autonomous City of Buenos Aires;
- Your physical signature, along with your contact information (address, telephone number and, if available, email address).
We will respond to all such notices and comply with applicable law. We reserve the right to remove allegedly infringing content without notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
8. Suggestions and Improvements.
By submitting ideas, suggestions, documents or proposals ("Comments" ) to us, you agree that: (i) your Comments do not contain confidential or proprietary information of third parties, (ii) we have no obligation of confidentiality, express or implied, with respect to the Comments, (iii) we may have ideas, documents or proposals similar to the Comments that are already under consideration or in development, and (iv) you grant us an irrevocable license, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Comments, and you irrevocably waive, and will indemnify and hold Kamay Ventures and its users harmless against any claim asserting any moral rights contained in such Comments.
9. Third Parties.
You understand and agree that you are personally responsible for your conduct on our Services. You agree to indemnify, defend and hold harmless Kamay Ventures, its trustees and fiduciaries, and its controlling, controlled, related, affiliated companies, shareholders, suppliers, licensors and strategic partners, and their officers, directors, employees, agents and representatives of each of them (collectively, the "Kamay Ventures Entities"), from any damages (including costs, and legal fees), arising from any claim or suit by any third party arising out of or relating to (i) your access to or use of our Services, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Kamay Ventures reserves the right, at your expense, to assume the exclusive defense and control of any claim or suit for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle or compromise any claim or lawsuit without the prior written consent of Kamay Ventures. Kamay Ventures will use reasonable efforts to notify you of any such claim or suit upon learning of it.
11. ISCLAIMERS AND LIMITATIONS OF LIABILITY.
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF THE KAMAY VENTURES ENTITIES TO YOU. EACH OF THE FOLLOWING SUBSECTIONS APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING CONTAINED HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE, WHICH CANNOT BE LIMITED AS A MATTER OF LAW. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, CONSULT WITH LEGAL COUNSEL BEFORE ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.
A. OUR SERVICES ARE AVAILABLE TO YOU AS DESCRIBED IN THESE TERMS, WITH THE EXPRESS CAVEAT THAT KAMAY VENTURES CANNOT MONITOR, CONTROL OR VET USER CONTENT. AS SUCH, YOUR USE OF OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK. KAMAY VENTURES MAKES NO REPRESENTATIONS OR PROMISES ABOUT THE QUALITY, ACCURACY OR RELIABILITY OF OUR SERVICES, OR THE SECURITY OR CONTENT OF THE SITE. THEREFORE, KAMAY VENTURES IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY ARISE, FOR EXAMPLE, FROM THE NON-OPERATION OF THE SERVICE, ITS UNAVAILABILITY OR A BREACH OF SECURITY.
B. KAMAY VENTURES MAKES NO REPRESENTATIONS OR PROMISES REGARDING ANY THIRD PARTIES, SUCH AS BUSINESSES OR EVENTS PRESENTED BY THIRD PARTIES LISTED ON OUR SERVICES OR USERS OF OUR SERVICE. ACCORDINGLY, KAMAY VENTRUES IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR ACTIONS OR OMISSIONS. YOUR ATTENDANCE AT EVENTS AND/OR USE OF SERVICES OFFERED BY THIRD PARTIES THROUGH OUR SERVICES IS AT YOUR OWN RISK.
C. THE KAMAY VENTURES ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO EVENTS FOUND IN OUR SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN THE EVENT OF DISSATISFACTION WITH OUR SERVICES OR ANY OTHER CLAIM SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, OUR SERVICES.
E. KAMAY VENTURES' MAXIMUM LIABILITY TO YOU FOR ANY LOSS OR DAMAGE YOU SUFFER IN CONNECTION WITH OUR SERVICES OR THESE TERMS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
F. KAMAY VENTURES ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, PUNITIVE, (ii) LOST PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL DAMAGE, OR (v) LOSS OF INFORMATION OR DATA.
12. Governing Law and Jurisdiction.
The law of the Republic of Argentina will govern these Terms, as well as any claim, action or dispute that may arise between you and Kamay Ventures (a "Claim"). You submit exclusively to the jurisdiction of the Ordinary Courts of the Autonomous City of Buenos Aires to settle any Claim, waiving any other jurisdiction or venue.
A. You may terminate the Terms at any time by closing your account, discontinuing use of our Services and providing Kamay Ventures with written notice of termination at the following email address: [email protected].
B. We may close your account, suspend your ability to use certain parts of our Services and/or prohibit your use of our Services altogether for any cause or without expression of cause, and without prior notice or liability of any kind. Any such action may prevent you from accessing your account, our Services, your Content, Site Content, or any related information.
C. In the event of termination of these Terms by either you or us, Sections 1 and 4 through 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
14. General Terms.
A. The Terms contain the entire agreement between you and us with respect to the use of our Services, and supersede any prior oral or written agreements between you and us on this subject matter.
B. Any failure by Kamay Ventures to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. The exercise by either party of any right provided herein shall not be deemed a waiver of any other right hereunder.
C. If any provision of these Terms is determined to be unenforceable or invalid, only that provision will be modified to reflect the intent of the parties or deleted, with the remainder of the Terms remaining in full force and effect.
D. These Terms and any rights or obligations hereunder are not assignable, transferable or sublicensable by you, except with the prior written consent of Kamay Ventures. These Terms and any rights or obligations hereunder may be assigned or transferred by Kamay Ventures without restriction.
E. The section and subsection headings in these Terms are for illustrative purposes only and have no legal or contractual effect.
F. For the purposes hereof, Kamay Ventures is domiciled at Suipacha 207 Piso 3º of 316, Ciudad autónoma de Buenos Aires.