1. WEBSITE TERMS OF USE
2. WEBSITE ACCESS AND USE RESTRICTIONS
2.1 The company reserves the right to temporarily suspend, without notice, the use of the entire website or part of it, as well as the operation of its offered services.
2.2 As users of the website, you are responsible for performing all necessary settings on the computer or the portable device used to access the website. Moreover, you are responsible for making sure that any person with a website access though your internet connection is fully informed and agrees with the terms of use.
2.3 The company reserves the right to exclude/interrupt website access or the service delivery that is offered through the website, to any user or person with website access, provided, according to its reasonable judgment, it considers that website access or the use of website services can endanger the company's or the website's security or has violated the terms of use.
2.4 Moreover, the operation of the website or/and the use of its services may be suspended by the company in case of updating the website or improving the software or the security systems of the website. In this case, and during the procedures described above, there may not be access to the website or/and in certain of its offered services.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The content on the website, such as text, graphics, images, photographs, illustrations, videos, sounds, and other materials (herein refer to as “content”) is protected by intellectual property rights of the company. Any products and services that indicate a third-party trademark remain the intellectual property of the third party mentioned.
3.2 The content is protected by the governing United States of America, Chile, and international law, and the company reserves all intellectual property rights regarding the content and the copies created based on this content. Any other use of the content, unless otherwise defined by the terms of use, without prior written consent of the company, is forbidden, and carries the predicted penalties by the law. Regarding the reproduction rights of any part of the content of the website, as well as the authorization requests of the content, please contact the company via email at info@ondasilvestre.com
3.3 Rights: according to the above, users reserve the right to print or/and save on a private computer or mobile device the website content, for one’s sole use, without corrupting or modifying this content.
3.4 Prohibitions: It is strictly forbidden to use the content for any commercial purpose without prior written consent by the company. In case you use the content, in violation to the terms of use, your access to the website or/and the services offered by it may be interrupted immediately, and you will be asked to return instantly or/and destroy, according to the reasonable judgment of the company, the equivalent content at your possession. In case of violation of any relevant legal provision, the company will fully cooperate with the competent prosecuting and judicial authorities to reveal the identity of the actual user of the website. Therefore, if you are aware of any case of violation, please email the company at info@ondasilvestre.com
4. LIMITATION OF LIABILITY
4.1 The company, in any case, even in case of negligence, is not liable to the user for any possible damage caused by using the website, directly or indirectly. Additionally, the company does not guarantee that services and the website content will be offered without interruption and without any faults. Likewise, the company does not guarantee that the website or any other relevant website or server(s), through which one has access to the content, is offered without viruses or any other harmful material.
4.2 In case of any kind of damage/loss deriving from visiting/using the website, you are solely responsible for the restoration costs as well as for any other incidental and consequential damage (such as loss of income, loss of business opportunity, loss of income out of a contact, loss of data, squandering of professional resources, etc.), and not the company. All the above cannot exclude the company liability for the cases under which, by the law, liability cannot be excluded.
5. DISCLAIMER
5.1 The company shall make every effort to ensure the correctness, accuracy, and the update of the website content regularly, as well as to take all necessary security measures against the use of the website. However, the website content may include inaccuracies or typos. In addition, the company does not guarantee the non-stop or errorless operation of the website; that the website access will be compatible with the operating system or the capabilities of your computer or mobile device; or that the website is free from viruses or any other malware.
5.2 The company makes any possible effort for you to have non-stop access to the website, as well as to its offered services. However, by using the website and its offered services, you accept the right of the company, at its own discretion, to alter its content or to temporarily interrupt its operation, without any prior notice. The company has no liability whatsoever for the restoration, pecuniary or material, of any damage, incidental, consequential, contractual, or else, which can arise by not being able to access the website or its offered services through the website.
6. LINKS
6.1 The website offers access to third-party websites through links. These links have been placed to help you, while the websites to which they refer to are subject to their own terms of use.
6.2 The use of links does not count as a proof of approval or acceptance of third-party content by the company, which is not liable whatsoever for third-party content, nor for their privacy policies and the protection of privacy of the users. If you decide to use, via links, a third-party website, you accept that you enter that website at your own responsibility and risk.
7. PERSONAL DATA PROCESSING
Personal data processing is being conducted by the company according to the privacy policy and the cookies policy, which are both published at https://www.ondasilvestre.com/. By using the website, you consent to this processing, and you guarantee the accuracy of your personal data, which you voluntarily notify to the company.
8. REFERENCE TO OUR WEBSITE THROUGH OTHER WEBSITE
8.1 You can have access to the website by using the active link, only at the homepage of your own website, on the condition that this action is legal, without harming the reputation of the company and without suggesting or implying any kind of partnership or approval by the company, when not granted and when the third-party website legally belongs to you.
8.2 The company reserves the right to forbid the use of the above active link to a third-party website, without any prior notice. In addition, the third-party website will fully respect the company terms of use and it will fully comply to these terms of use.
9. PROHIBITION OF USE OF THE WEBSITE FOR ILLEGAL PURPOSES
The use of the website and its offered services is allowed for legal purposes only. On the contrary, it is strictly forbidden to use the website for the following purposes:
- For any purpose and at any cost, which can violate national, union or international law.
- For any purpose and in any way, which can mislead any third party.
- For any purpose and in any way, which can harm children rights.
- For the sending, voluntary receipt, upload, download, use and processing of any part of the content, in a way, that does not fully comply with the terms of use.
- For sending advertising or promotional material to third parties, for which order or approval has not been granted by the company.
- For the transmission of data, the sending or uploading of material, which can include viruses of any form, malware or computer code in order to harm the software or the parts of any computer or portable device.
10. APPLICABLE LAW AND OTHER TERMS
10.1 Terms of use as well as any other modification or change in the terms of use, are subject to the United States of America, Chile, and European Union Law, as well as to the relevant international treaties. Any provision of the terms of use found to be in contravention of the legal framework above or is decided to have no effect ceases to be applicable without requiring to be convened and without affecting the enforcement of the rest of the terms of use. The terms of use constitute the total agreement between the company and the website users. No modification of the terms of use is valid and is not part of this agreement unless it is defined in writing and will be included in the present agreement.
10.2 Any disagreement that may arise by the enforcement of the terms of use and the general use of the website by its users, if not resolved in a friendly manner, is governed by the United States of America law and are subject to the jurisdiction laws of the State of Florida.
11. CONTACT
For any problem you may find either in the content or in the use of the website and its offered services through the website, please contact the company in one of the following ways:
Postal Address: By labeling “FAO the terms of use of the website”,“Onda Silvestre LLC”,14 Ne 1st Ave, Suite 305 Miami Fl, 33132
Phone number: +1-786-356-4238
Email: info@ondasilvestre.com