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Last update: August 16, 2020

WEBSITE TERMS AND CONDITIONS

1. Property Rights. Between you and Múcura Experience S.A.S, Múcura Experience S.A.S. is the sole and exclusive owner of all rights, title and interest in and to the Website, of all content (including, for example, audio, photographs, illustrations, graphics, other visual media, videos, copies, texts, software, titles, shockwave files, etc. ), code, data and materials therein, the look and feel, design and organization of the Website and the compilation of the content, code, data and materials on the Website, including but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any of the content, code, data or materials you may access on or through the Website.

2. Limited License. You may access and view the content of the Website from your computer or other device and, unless otherwise stated in these Terms and Conditions or on the Website, make individual copies or prints of the content of the Website for your personal, internal use only. Your use of the Website and the services offered on or through the Website are for your personal, non-commercial use only.

3. Prohibited Use. Any distribution, publication or commercial or promotional exploitation of the Website, or of any of the content, code, data or materials on the Website, is strictly prohibited, unless you have received prior express written permission from the authorized personnel of MÚCURA EXPERIENCE S.A.S. or any other applicable rights holder. Except as expressly permitted herein, you may not download, report, display, publish, copy, reproduce, distribute, transmit, modify, perform, disseminate, transfer, create derivative works from, sell or otherwise exploit any of the content, code, data or materials on or available through the Web Site. You further agree not to alter, edit, delete, remove, or otherwise change the meaning or appearance of, or change the purpose of, any of the content, code, data or materials on or available through the Website, including, without limitation, altering or removing any trademark, registered trademark, logo, service mark or other proprietary content or proprietary rights notice. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data or materials found there or available through the Website, except as provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and may be subject to legal liability for such unauthorized use.

4. Commercial brands. The trademarks, logos, service marks, registered trademarks (collectively the “Trademarks”) displayed on the Web Site or in the content available through the Web Site are registered and unregistered Trademarks of MÚCURA EXPERIENCE S.A.S. and others, and may not be used in connection with products and/or services that are not related, associated or sponsored by their rights holders and may cause confusion to customers, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by MÚCURA EXPERIENCE S.A.S. that appear on the website or in or through the services of the website, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of MÚCURA EXPERIENCE S.A.S. or such third party that may own the Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.

5. User Information. In the course of your use of the Website and/or the services made available to you on or through the Website, you may be asked to provide certain personalized information (such information hereinafter referred to as “User Information”). MÚCURA EXPERIENCE S.A.S.’s policies on the use and collection of information regarding the privacy of such User Information are set forth in the Website’s Privacy Policy set forth in the “Terms and Conditions of Use and Privacy”, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy of the content of the User Information.

6. Presented Materials. Unless specifically requested, we do not request or wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, by e-mail or otherwise. Any information, creative works, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials that you send or submit to us (including, for example and without limitation, that which you submit or post to our chat groups, message boards and/or blogs, or send to us via email) (“Submitted Materials”) will be deemed to be non-confidential or non-proprietary and may be used by us in any manner consistent with the Website’s Privacy Policy. By submitting or sending Submitted Materials to us, you (i) represent and warrant that the Submissions are your originals, that no other person has any rights in the Submissions, and that any “moral rights” in the Submissions have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable right and license, which may be assigned and sublicensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate into other works any of the Submitted Materials (in whole or in part) in any form, media, or technology not otherwise known or available, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submission provided by you and we may delete or destroy such Submission at any time.

7. Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and items offered on or through the Web Site, you will not (a) personalize any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertisement, branding or other promotional content into any of the content, materials or services or materials on the Website (for example, without limitation, in an RSS feed or a recorded radio program (podcast) received from MÚCURA EXPERIENCE S. A.S. or otherwise through the Web Site), nor will you use, redistribute, republish or exploit such content or services for any additional commercial or promotional purposes; nor will you attempt to gain unauthorized access to other computer systems through the Web Site. You will not: (i) engage in web browsing, “screen scraping”, “database scraping”, collecting email addresses, wireless addresses or other personal or contact information, or any other automated means of obtaining lists of users or other information from or through the Web Site or services offered on or through the Web Site, including, without limitation, any information found on any server or database related to the Web Site or services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information by any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner intended to interrupt, damage, disable, overburden or impair the Web Site or such services, including, without limitation, sending unsolicited bulk messages or “flooding” servers with requests; (iv) use the Website or the services or items on the Website in violation of the intellectual property or other legal or proprietary rights of MÚCURA EXPERIENCE S. A.S. or any third party; nor (v) use the Website or the services of the Website in violation of any applicable law. You further agree not to attempt (or encourage or support the attempt of another) to deceive, destroy, decode, or otherwise alter or interfere with the Website or the Website services, or any content thereof, or make any unauthorized use thereof. You agree not to use the Website in any manner that could damage, disable, overburden or impair the Web Site or interfere with any other person’s use and enjoyment of the Web Site or any of its services. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

8. Public Forums. MÚCURA EXPERIENCE S.A.S. may, from time to time, have messaging services, chat services, news boards, blogs, other forums and other services available on or through the Website. In addition to any other rules and regulations that we may publish in respect of a particular service, you agree not to upload, post, transmit, distribute or otherwise publish through the Website or any service or item made available on or through the Website, any material that (i) restricts or inhibits any other user from using and enjoying the Website or Website services, (ii) is fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyrights, trademarks, trade secrets, confidentiality, contracts, patents, privacy or publicity rights or any other proprietary rights, (v) contains a virus, spyware or other harmful component, (vi) contains fixed links, advertisements, chain letters or pyramid schemes of any kind, or (vii) constitutes or contains false or misleading indications of origin, endorsements or statements of fact. You further agree not to impersonate any other person or entity, whether real or fictitious, including any person of MÚCURA EXPERIENCE S.A.S. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

9. Right of Monitoring and Editorial Control. MÚCURA EXPERIENCE S.A.S. reserves the right, but has no obligation, to monitor and/or review all materials submitted to the Web Site or through the services or items on the Web Site by users, and MÚCURA EXPERIENCE S.A.S. is not responsible for such materials submitted by users. However, MÚCURA EXPERIENCE S.A.S. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of MÚCURA EXPERIENCE S.A.S. are objectionable or in violation of these Terms of Use, MÚCURA EXPERIENCE S.A.S. policies or applicable law. We may also impose limits on certain forum items or restrict your access to some or all forums without notice or penalty, if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

10. Private or Sensitive Information in Public Forums. It is important to remember that comments submitted in a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which may be accessible for a long time and there is no control over who will eventually read them. It is therefore important that you be careful and selective about the personal information you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments in our public forums.

11. Links to the Website. You agree that if you include a link from any other website to the Website, that link will open in a new browser window and will link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image stored on the Website or our services, such as using an “in-line” linking method to cause the image stored by us to be displayed on another website. You agree not to download or use images stored on this Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to this Website in such a way that the Website, or any page of the Website, is “framed”, surrounded or obfuscated by the contents, materials or branding of any third party. We reserve all our rights under the law to insist that any link to the Website be discontinued and to revoke your right to link to the Website from any other website, at any time upon our written notice to you.

12. Indemnification. You agree to defend, indemnify and hold harmless MÚCURA EXPERIENCE S.A.S. and the directors, officers, employees and agents of MÚCURA EXPERIENCE S.A.S. and its affiliates from and against any and all claims, liabilities, costs and expenses, of whatever nature, including attorneys’ fees, incurred as a result of your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or these Terms and Conditions. MÚCURA EXPERIENCE S.A.S. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MÚCURA EXPERIENCE S.A.S. in the defense of any such claim.

13. Orders for Products and Services. We may make certain products available to Website visitors and registrants. If you order any products, you hereby represent and warrant that you are 18 years of age or older. You agree to pay the full price of any purchase you make, either by credit/debit card concurrent with your online order or by another means of payment acceptable to MÚCURA EXPERIENCE S.A.S. You agree to pay all applicable taxes. If payment is not received by us from your credit/debit card issuer or its agents, you agree to pay all amounts due at the time of the claim by us. Some products that you purchase and/or download on or through the Website may be subject to additional terms and conditions that will be presented to you at the time of such purchase or download.

14. Third Party Websites. You may link from the Website to third party websites and third parties may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility or liability for any information, content, products, services, advertisements, codes or other materials that may or may not be provided by or through the Linked Sites, even if owned or operated by our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertisements, codes or other materials presented on or through such websites. The inclusion of any link to such sites on our Site does not imply endorsement, sponsorship or recommendation of that site by MÚCURA EXPERIENCE S.A.S. MÚCURA EXPERIENCE S.A.S. disclaims any responsibility for links (1) from another website to this Site and (2) to another website from this Site. MÚCURA EXPERIENCE S.A.S. cannot guarantee the standards of any website to which links are provided on this Web Site, nor will MÚCURA EXPERIENCE S.A.S. be responsible for the contents of such sites, or any subsequent links. MÚCURA EXPERIENCE S.A.S. makes no representation or warranty that the contents of any third party website are accurate, that they comply with state or federal law, or that they comply with copyright or other intellectual property laws. MÚCURA EXPERIENCE S.A.S. is also not responsible for any form of transmission received from any linked website. Any reliance upon the contents of a third-party website is made at your own risk and you assume all responsibility and liability resulting from such reliance.

15. Copyright Agent.

We respect the intellectual property rights of others and require that persons using the Website, or services or items made available to them on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to MÚCURA EXPERIENCE S.A.S.’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c) (2), named below:

  • Your address, telephone number and e-mail address;
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the allegedly infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:
Daniel Garzón
MÚCURA EXPERIENCE S.A.S.Voz: 212-522-5865
Phone. (+57) 8071826
email: info@mucuraexperience.co

For Customer Service do not contact the Copyright Agent, please contact:
Múcura Customer Service
Street 100#19a-50
Bogotá Colombia
Tel: (+57) 3212561741

16. Disclaimer of Web Site Warranties. the website, including, without limitation, all services, content, functions and materials provided through the website, are provided “as is”, “as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty of information, data, data processing services, unrestricted or uninterrupted access, any warranty with respect to the availability, interpretability, non-interpretability, accuracy, precision, correctness, perfection, conclusion, usefulness, or content of the information, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. we do not warrant that the website or the services, content, functions or materials provided through the website will be timely, secure, uninterrupted or error-free, or that defects will be corrected. we make no warranty that the website or the services provided will meet users’ requirements. no advice, results or information, whether oral or written, obtained by you from us through the website shall create any warranty not expressly stated herein. Múcura Experience S.A.S. also assumes no responsibility, and shall not be liable for any damages to, or any viruses that may infect, your computer equipment on account of your access to, use of, or browsing in the website or your downloading of any of the materials, data, text, images, video or audio content from the website. if you are dissatisfied with the website, your sole remedy is to discontinue using the website.

We try to ensure that the information posted on the website is correct and up to date. We reserve the right to change or make corrections to any information provided on the website at any time without notice. Múcura Experience S.A.S. neither endorses nor is responsible for the accuracy or truthfulness of any opinion, advice or statement on the website, nor for any offensive, defamatory, obscene, indecent, illegal or infringing publications made on the website by anyone other than an authorized employee of Múcura Experience S.AS. in his or her official capacity (including, without limitation, other users of the website). it is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the website. please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including, but not limited to, financial, health or lifestyle information, opinion, advice or other content.

Without limiting the foregoing in this section, Múcura Experience S.A.S. and its affiliates, suppliers and licensors make no warranties or representations with respect to any products or services ordered or provided via the website, and hereby disclaim, and you hereby waive, any and all warranties and representations made to literature on products or services, to questions frequently asked in documents and otherwise on the website or in correspondence with Múcura Experience S. AS. or its agents. any product or service ordered or provided via the website is provided by Múcura Experience S.A.S. “as is”, except to the extent, if any, otherwise set forth in writing in a separate license or sales agreement between you and Múcura Experience S.A.S. or its supplier or licensor.

17. limit of liability. in no event, including but not limited to negligence, shall Múcura Experience S.A.S. be liable, or any of its directors, officers, employees, agents or suppliers, of the content or services (collectively, the “protected entities”) for any direct, indirect, special, incidental, consequential, exemplary or punitive damages as a result of, or directly or indirectly related to, the use of, or the inability to use the website or the content, materials and functions related thereto, your provision of information via the website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to some users. in no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the web site. in no event shall the total amount of the protected entities’ liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) resulting from the terms and conditions or your use of the web site exceed the total amount, if any, paid by you to Múcura Experience S.A.S. for the use of the web site or for the purchase of products via the web site.

18. Photosensitive attacks. A very small percentage of people may experience an attack when exposed to certain visual images, such as flashing lights or pictures that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including dizziness, disorientation, confusion, momentary loss of consciousness, twitching of the eyes or face, altered vision, or twitching or jerking of the arms or legs. If you experience any of the above symptoms, or if you or your family have a history of seizures or epilepsy, you should immediately stop using the Website and consult a doctor.

19. Applicable Laws. We control and operate the Website from our offices in the Republic of Colombia. We make no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties subject to these terms and conditions waive their respective rights to a jury trial.

20. Term. MÚCURA EXPERIENCE S.A.S. may terminate, change, suspend or discontinue any aspect of the Web Site or the services on the Web Site at any time. MÚCURA EXPERIENCE S.A.S. may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. MÚCURA EXPERIENCE S.A.S. maintains a policy that provides for the termination, in appropriate circumstances, of Website use privileges for users who are repeat infringers of intellectual property rights.

21. Changes to Terms of Use. MÚCURA EXPERIENCE S.A.S. reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes to the Terms and Conditions will be effective when posted. Your continued use of the Website and/or the services made available on or through the Website after any changes are posted will be deemed to constitute acceptance of those changes.

22. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the Republic of Colombia, without regard to conflicts of law provisions. You agree that any cause of action arising under the Terms and Conditions shall be commenced and heard in the appropriate court in the Republic of Colombia. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Colombia. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

23. COOKIE POLICY:
Cookies, or data storage and retrieval device, is a file sent by a website to the user’s browser and automatically stored in the user’s terminal so that the website in question can consult the user’s previous activity and “recognise” him.

Cookies can remember other types of personal information, such as a user’s password, so that you do not have to re-enter it each time you visit the same site, or your preferences regarding the configuration of the website (language, screen resolution, among others).

Cookies are essential for the functioning of the Internet, providing countless advantages in the provision of interactive services, facilitating navigation and usability of the website. Cookies cannot damage your computer and the fact that they are activated helps to identify and resolve errors.

In short, a cookie is nothing more than a succession of browsing data that is stored on the user’s computer and that the web pages detect and recognise in order to “remember” the browsing.

Below, we provide more information on the use of cookies used on our website, distinguishing:

– Session Cookies: These are a type of cookie designed to collect and store data while the user is accessing a website and expire when the session ends. The information obtained through these cookies is used to analyze web traffic patterns. Ultimately, this allows us to provide a better experience to improve the content and facilitate its use.

– Analytical Cookies: These are cookies that allow the person responsible for them to track and analyse the behaviour of users of the websites to which they are linked.

This Website uses session cookies, analytical cookies to ensure the best user experience.

Additional guarantees – Cookie management

All Internet browsers allow you to limit the behavior of a cookie or disable cookies within the browser settings or options. The steps to do this are different for each browser, and instructions can be found in your browser’s help menu.

Many browsers allow you to activate a private mode in which cookies are always deleted after your visit. Depending on the browser this private mode can have different names. Below you can find a list of the most common browsers with a link to the cookie settings and the different names of this “private mode