TERMS AND CONDITIONS OF FINAL USER

TERMS AND CONDITIONS

By accessing the ZENKS platform and the web page https://www.zenks.me, or any part of its software, hereinafter both referred to as ZENKS or the WEB PAGE, (ALSO ALSO CALLED THE CUSTOMER, BUYER, THE USER or YOU) will accept ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, all applicable laws and regulations, and THAT THIS AGREEMENT IS EXECUTABLE AS ANY WRITTEN NEGOTIATED AGREEMENT that has been SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE ZENKS. The materials and contents in ZENKS are protected by the applicable law of copyright, and rights over trademarks and right to commercial or industrial secret. As long as you comply with the terms of this License Agreement (the “Agreement”).

LICENSE

As long as you comply with this contract ZENKS hereinafter also called “THE OWNER” grants you a non-exclusive license to download and use “ZENKS” in the scope authorized in these terms and the purposes described in the service contract concluded between the company with which you are linked and THE OWNER. You authorize the use of “ZENKS” and the generation of content, the temporary downloading of a copy of the information or software included in ZENKS, hereinafter also referred to as “the materials” for transient viewing for personal and non-commercial purposes. or the installation of multiple copies will only be allowed if you obtain an appropriate license agreement for each user and each copy of “the materials.” This agreement includes the granting of a license, and not a transfer of title. can: create works derived from “materials”, copy “materials”, use “materials” for any commercial purpose, or for any public display (commercial or non-commercial), try to decompile or reverse engineer software contained in ” ZENKS “, use the part of the Software Product database in relation to any software other than the Software Product, delete the notes i Copyright information or other annotations of ownership of the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license will terminate automatically if you violate any of these restrictions and may be terminated by “THE OWNER” at any time. Upon completion of the viewing of these materials or upon completion of this license, you must destroy any downloaded material in your possession, either in electronic or printed format. Unless you obtain written and express consent from “THE OWNER”, you may not assign your rights and obligations stipulated in this contract, or redistribute, encumber, sell, rent, lease, sublicense or transfer your rights licensed through these terms in relation to to the materials.

MEMBERS

The USER is responsible for maintaining the confidentiality of his password and user received on the occasion of the Registration in “ZENKS” and is fully responsible for everything done on the platform under his username and password. “THE OWNER” may restrict, condition or terminate the character of a user of “ZENKS” without cause and without prior notice. This censorship may be indefinite or limited for a period of time. No user may transfer the membership, credentials or privilege to any other entity, since it is about personal relationships.

INTELLECTUAL PROPERTY RIGHTS OF THE ZENKS OWNER

The Software and the copies that “THE OWNER” authorizes to perform to the users are the intellectual property of “THE OWNER” and its suppliers.The structure, organization and code of the Software are considered valuable trade secrets and confidential information of “THE OWNER” and its suppliers. The Software is protected by copyright, including, without limitation, the current copyright laws, the provisions of international treaties and the laws applicable in the country in which it is used. You may not copy the Software, you may not reverse engineer, decompile, disassemble or attempt to discover the source code of the Software, except to the extent that you are expressly permitted to decompile by applicable law, or essential to do so in order to achieve the operability of the Software. Software with another software program, and would have first requested “THE OWNER” to provide the necessary information to achieve said operation and “THE OWNER” would not have made that information available. “THE OWNER” has the right to impose reasonable conditions and to request a reasonable fee before providing such information Any information provided by “THE OWNER” or obtained by you, as allowed in this document, may only be used by you for the purposes described in this document and may not be disclosed to third parties or used to create software that is substantially similar to the “ZENKS” Software. Any request for information should be directed to the Customer Service Department of “ZENKS.” The trademarks of “THE OWNER” will be used in accordance with the practices accepted by “THE OWNER” regarding trademarks, including the identification of the name of the owner. The owners of such trademarks Trademarks may only be used to identify, if any, printed products reproduced by the Software The use of any trademark does not give you any ownership right over such trademark, Except as expressly stated above, this Agreement does not grant you any intellectual property rights over the Software.

USER CONTENT

As an account holder in “ZENKS” you can add content, recommendations and comments. You will be solely responsible for such content, recommendations and comments and for the consequences of sending and publishing your Content and comments in “ZENKS”. You declare that you have acquired and own all the rights to the recommendations, content and comments that you make and publish in “ZENKS”. And by posting a Content, Comment or Recommendation in “ZENKS” you grant “THE OWNER” a free, non-exclusive, worldwide, sub-licensable and transferable license to use, reproduce, distribute, publicly communicate, make available to the public, change the format – although without changing its meaning, generate derivative works, of Contents, comments, recommendations, that you make publicly in “ZENKS”, and that may be subject to copyright, trademark, secret or other rights of the personality, name, image. Likewise, it makes privacy exonerations, related to said comments, contents and recommendations. All the exposed so that “THE OWNER” can provide all users with the ZENKS Service offered at its maximum reach.

Likewise, you grant the “OWNER” in relation to said Contents, Comments and Recommendations, rights for the promotion and redistribution of a part or of the whole Service related to “ZENKS”, in any format, medium and communication channel. Also, through these terms and conditions of use you grant all users of “ZENKS” a free, non-exclusive license to access your content through “ZENKS”, and to use, reproduce, distribute, communicate and put available to the public, as well as to generate derivative works from such comments, recommendations or content, all according to the purpose and scope of the Service and under the Terms of Service. The said non-exclusive licenses in their respective scope will end within a reasonable commercial period after you delete said comments, contents, recommendations or close your account in “ZENKS”. The above with the exception of the case that you have shared through the communication services offered by “ZENKS” with third parties and those third parties have copied, re-shared or stored. However, you understand and expressly accept that in such case “THE OWNER”: may retain on your server but without the right to display, distribute or communicate publicly, copies of such content, comments, recommendations that have been removed or deleted, for which will be understood that the license granted is perpetual and irrevocable. “THE OWNER” will not include your information, content, or recommendations published in “ZENKS”, in advertisements for products or services of third parties without your specific consent. However, you have the right, without the right to compensation in favor of the user, to publish ads near its content and information, or recommendations.

USER CONDUCT

You must use ZENKS only for legal purposes.

● You must not publish or transmit through “ZENKS” any material that violates or transgresses in any way the rights of other people, that is illegal, threatening, defamatory, that invades the rights to privacy, image, or other right of the personality, which is vulgar, obscene, irreverent or otherwise objectionable, that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without the explicit Prior authorization from THE OWNER, contain commercial advertising. No conduct will be allowed on the part of a user that at the discretion of THE OWNER limits or inhibits any other User regarding the use or enjoyment of “ZENKS”. The User will not use “ZENKS” to advertise or make any kind of commercial request, including, but not limited to, the request that users become subscribers of other online information services that compete with ZENKS.

● You may not upload or make available in any other way files containing images, photographs, software or other material protected by intellectual property laws, including, by way of example and not as a limitation, copyright or other intellectual property rights. trademark laws (or by rights of privacy or publicity), unless the User owns or controls these rights or has been granted the necessary consent to do so.

● You may not use any material or information, including images or photographs, that are available through the Services in a manner that violates the copyright, trademark, patent, trade secret or other proprietary right of any of the the parts.

● You will not advertise or offer for sale or purchase any good or service for commercial purposes, unless such Communication Services specifically allow such messages.

● You will not download any file published by another user of the Communication Service who knows, or should know, that from a legal point of view it can not be reproduced, displayed, executed and / or distributed in that way.

● You will not falsify or delete any information about the administration of copyright, such as attributions to authors, legal or other notifications or exclusive property designation or labels that indicate the origin or origin of the software or other material contained in a file that is loaded.

● You will not limit or inhibit any other user regarding the use and enjoyment of the Services.

● You will not violate any code of conduct or other guidelines that apply to any particular Service.

● You will not collect or collect in any way information about other people, including email addresses.

● You will not violate any regulations or applicable law.

● You agree that “THE OWNER” does not grant guarantees of confidentiality in relation to said Contents, Recommendations and comments that you publish, being in ZENKS. “THE OWNER” will publish, and make available to the general public, the comments and their contents uploaded to ZENKS, except when the comments are of feedback of the evaluations or said contents have been uploaded, or communicated under the option “PRIVATE” or ” ANONYMOUS”.

RESPONSIBILITY

USE RESPONSIBILITY

THE OWNER does not control content uploaded or communicated through Zenks. You and the person who upload, posteen, send by email or communicate or in any way make available said contents through ZENKS, are the only ones responsible for said contents, so that the contents obtained or sent through ZENKS are find at your own risk. In this way THE OWNER is not responsible for any content error or omission, loss or damage resulting from such content accessible through ZENKS.

LIMITATION OF LIABILITY

THE OWNER, its contractors, employees, successors, shall NOT be liable to the user or any third party for any direct, specific, consequential or casual damage or any other, contracted or arising from the use or inability to use the services, in cases in which THE OWNER has been informed of the possibility of such damages or the losses caused. Neither will be considered responsible for the case of termination of the service, limiting any contractual or extra-contractual liability for said or other incident, for actions or omissions attributable to the OWNER, to the amount that in his case had billed THE OWNER to the user for the service for 12 MONTHS prior to the act that gave rise to the liability, provided that THE OWNER has been notified of the possibility of such damages.

LIMITED WARRANTIES

THE OWNER will use reasonable efforts consistent with current industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services. However, services may be temporarily unavailable for maintenance or for other causes beyond the reasonable control of the PROVIDER. THE PROVIDER will do everything possible to notify in writing or by email of any scheduled service interruption. HOWEVER, DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NEITHER OF THE RESULTS THAT CAN BE OBTAINED FROM THE USE OF THE SERVICES, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT.

THE SERVICES PROVIDED BY ZENKS ARE PROVIDED “AS IS” AND THE CLIENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, OR SATISFACTORY QUALITY.

INDEMNITY

The user shall defend and maintain harmless and harmless THE OWNER, its employees, representative directors, suppliers, directly assuming responsibility for any loss, expenses, damages or costs – including expenses in advisors, lawyers – generated by the breach of the terms and conditions of the user agreement, or the development of negligent practices or any illegal activity, through this user account, directly or through third parties that use said account.

INTELLECTUAL PROPERTY INFRINGEMENT POLICY

PROTOCOL TO THE CLAIMS FOR INFRINGEMENT OF RIGHTS

Send a note of infringement of rights to the person designated in the email referred to below with the following information:

i. Identify the contents, comments or recommendations infraction objects;

ii. Identification of the contents, comments or recommendations, or the link that is claimed as an infringer, including the information of the place where they are located, the rights holder requests to be removed, with sufficient detail so that they can be found and verified ; At a minimum, the URL of the link or the exact place where the material has been found should be included;

iii. Notifier contact information including, address, telephone number, and if available, email;

iv. A statement that the person who reports believes in Buena Fe that the material identified in the numeral and object of the claim is not authorized by the rights holder, its agent, or the law * eg: Cases of lawful uses to be covered by an exception legal to the need to obtain such authorizations * (or fair use); I also declare that the information included in the notification is accurate, under penalty or detriment, and that I am the owner of the rights, or authorized to act on behalf of the owner of the rights or of an exclusive right, subject to infringement;

v. An electronic signature of the person authorized to act on behalf of the owner of the rights that were the subject of the alleged infringement.

PROCEDURE ADOPTED by the OWNER against receipt of notification:

i. Check the ZENKS system the content of the notification in accordance with the data provided, and the existence of content that allegedly violates the rights of the applicant.

ii. Notify the user allegedly infringing the claim indicating that the material has been removed or disabled.

iii. It will maintain the blocking situation without time limits as long as the notified user does not comply with the requirements included in this protocol included under the title against notification.

The user must send a reply to the notification of the first user with the following information:

i. Physical or electronic signature of the subscriber;

ii. Identification of the material removed or for which the access has been disabled;

iii. Name address and telephone number;

iv. Declaration under penalty or harm that the subscriber has good faith in believing that the material removed or disabled as a result of error or lack of identification of such material;

v. The name, address and telephone number of the subscriber and a consent to be subject to the jurisdiction to which “ZENKS” may be located, and that the subscriber will accept the procedural service of the claimant or his agent;

vi. Declaration, under penalty of prejudice that has good faith in believing that the affected material was removed or disabled by mistake or lack of identification;

vii. Request for the maintenance of the registry for all purposes and expressly exempting “THE OWNER” from any possible liability that may correspond to the latter for these acts as well as for the reproduction, distribution or public communication of the content in question;

viii. Written communication sent to the address of “THE OWNER” WHAT DOES THE “OWNER” DO when he receives a valid reply to the notification of a user.

ix. When “THE OWNER” receives a valid reply to the notification of a user, he relays his copy to the person who made the claim. If within 10 days, THE OWNER does not receive a notice in which the claimant is requesting a court order to prevent future infractions of the content in question, we will remove the claim, reinstall and rehabilitate the removed content.

x. In the event that the aforementioned information is completed, said user reaffirms his rights in the work in question, “THE OWNER” will send a copy of the counter notification, to the claimant informing that he will return the removed material or he will cease to disable the access in 10 working days.

xi. Once the shipment has been made, “THE OWNER” will restore the material removed and the disqualification to access it will cease after said 10 working days and in no more than 14 business days after receiving the counter notification, unless the designated agent receives notice of the person who sent the notice that has initiated a legal action to prevent the subscriber from continuing the infringing activity. And that said claim is related to the material in the system or network of “THE OWNER”.

xii. Whatever the result of the previous process and without prejudice to the blockade in the terms indicated, “THE OWNER” shall have no obligation to remove or modify content registered by another user unless it has been expressly required for it by a competent authority under of the corresponding resolution. “THE OWNER” will maintain neutrality at all times in relation to the parties to the conflict, who must initiate any administrative, judicial and / or extrajudicial proceedings in defense of their interests. Notwithstanding the foregoing, you will collaborate by providing documentation, certificates and other information about your records as a means of proof to any of the parties or to the competent authorities. The email of the ZENKS agent to receive notifications is: soporte@zenks.me

TERMINATION

The Service will end automatically when the subscription contract between the company related to you and you is terminated or if you do not comply with the terms of this agreement.

MODIFICATION OF TERMS

The owner shall have the right at any time to change or modify the terms and conditions applicable to the use by the User of ZENKS or any part of it or to impose new conditions, including, but not limited to, the incorporation of fees and charges for the same. use. Such changes, modifications, additions or deletions will take effect immediately after they are announced or notified, notification that can be carried out by different means, including, but not limited to, publication on the owner’s website or by mail conventional or electronic or by any other means that allows the User to receive the notification. Any use of ZENKS by the User subsequent to said notification will be considered as acceptance by the User of said changes, modifications or additions after 30 days.

LINKS TO THIRD PARTY SITES

The Owner has not reviewed all the sites linked to ZENKS and will not be responsible for the contents linked to it. The use of such linked sites is at the user’s risk.