Termos e Condições
IMPORTANT Clinkky 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, Clinkky is excluded from any responsibility for the misuse of information that users themselves or third parties can do with it.
Changes to the Terms Clinkky reserves the right to make changes to the Terms occasionally. When these changes are made, Clinkky will make a new version of the Terms available and published on the website (or any alternative URL as Clinkky 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, Clinkky 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 responsability. Expenses and data that you use as well as sites, online services and others, will be your responsibility exclusively. Clinkky 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 13 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 Clinkky. 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 13 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. Clinkky 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 Clinkky 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
Clinkky is a tool that seeks to encourage “savings” (earnings) from an early age. It seeks to contribute to the strengthering of values that promote responsible consumption and planning, which involves giving a sense of money and to associate to the achievement of future goals, from playful. Clinkky is a “digital piggy” where the child (minor) becomes depositor, materializing contributions by different routes and from different sources. Clinkky includes an application of virtual money transfer between mobile devices, adding to the common methods that are used in a current payment gateway.
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 Clinkky data or database service. By using Clinkky, you cannot participate in the scraping, data mining or index. You agree that you will not use any robot, spider, scraper or other automated tools to access to Clinkky database or the Service for any purpose, without the express written permission of Clinkky. 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 Clinkky of such termination. Clinkky has the right to block the access to the service and end the use of the Service at any time and for any reason Clinkky 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 Clinkky, or any third party providers or partners of Clinkky;
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.
The content provided through the Service may contain the trade names, trademarks, service marks, logos, domain names or other distinctive brand of Clinkky and copyrighted material, partners, or other content right holders provided by Clinkky. When this attribution is provided, it will be displayed through the Service or as described in service and you cannot remove or modify these trade names, trademarks, service marks, logos, domain names or other distinctive brand features. You understand and agree that Clinkky 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.
Clinkky 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 Clinkky offered or promoted their services as they are there 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 Clinkky 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 Clinkky.
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 Clinkky, the Service, or products Clinkky or Clinkky 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 Clinkky (Portrayal in a Flase 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 Clinkky to publish content and exploit intellectual property rights. Clinkky will not acquire any ownership rights to the content that you own.
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 Clinkky, or licensed to Clinkky 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 Clinkky, are strictly prohibited. Clinkky, the Clinkky and piggy logo and other trademarks and / or service marks are registered and cannot be used in any of the above means. Clinkky design is protected by copyright laws and all intellectual property rights and its work remains in the exclusive property of Clinkky. You cannot copy or print any information or material from Clinkky unless express authorization. Clinkky can protect the Service by technological tools designed to prevent unauthorized use of the Service. You agree not to circumvent these means. Clinkky 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 Clinkky. Clinkky 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 Clinkky or by its suppliers. Clinkky, 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 Clinkky 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. Clinkky 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 Clinkky 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 Clinkky 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 Clinkky, 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 Department of Montevideo, Uruguay. For all legal purposes and jurisdictional communications, please refer to Río Negro 1245 3rd floor, 11100 Montevideo, Uruguay.
If you want to file a right of action against Clinkky, 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.
You may not assign or transfer your rights to the Service, to third parties without the prior written consent of Clinkky. Clinkky 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 commited to the obligations of these Terms.
TERMS IN ITS ENTIRETY
ANNEX “FUNDAMENTAL RIGHTS, SENSITIVE DATA AND MINORS”
You can contact us regarding any questions about the service, sending an email to firstname.lastname@example.org
We will do our best to answer your questions or concerns promptly.
Modified: October 2016