Terms of Service
1. INTRODUCTION AND AGREEMENT TO THE TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and 7PKDOS.- 7pkdos Social, ("7pkdos", "we", "us" or "our" ), in connection with your access and use of the website https://7pkdos.com/, as well as any other media outlet, media channel, Mobile Website or mobile application related, linked or otherwise connected thereto ( collectively, the "Site"). The Site provides a platform operated by 7pkdos (the "Platform") where Creators may offer subscriptions to Subscribers to allow Subscribers to access the content and information posted by Creators on the Platform. The Platform facilitates interactions between Creators and Subscribers in connection with their subscriptions and facilitates payments from Subscribers to Creators, along with related 7pkdos services (collectively, the "Services"). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms of Use.
To use the Services, you must be at least 18 years of age or the age of majority in your country of residence and have the power to enter into a binding agreement with us by accepting these terms.
THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BETWEEN YOU AND 7PKDOS THROUGH BINDING ARBITRATION, AND A WAIVER OF THE RIGHT TO CONDUCT SUCH PROCEEDINGS IN CLASS, AS SET FORTH UNDER THE HEADING "DISPUTE RESOLUTION - BINDING ARBITRATION."
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. CHANGES IN THE TERMS
We reserve the right to make changes to these Terms of Service from time to time, in whole or in part, at our sole discretion, at any time without notice by posting an updated version of the Terms of Service on the Site and/or making updated Terms of Service available to you when you access the Services. When we do so, we will revise the “last updated” date at the beginning of the Terms of Service. When we make material changes to these Terms of Service, we will provide you with notice as appropriate under the circumstances, for example, by displaying a prominent notice on the Site and/or sending you an email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Therefore, be sure to read this notice carefully. If you do not wish to continue using the Service under the new version of the Terms of Service, you may cancel your account by contacting us at the contact information provided in these Terms of Service.
3. DEFINITIONS
When used in these Terms of Use, the terms set forth below have the following meanings:
“Subscriber” – a user who registers for an account with 7pkdos to use the Platform and access the page(s) of one or more Creators by subscribing to such pages.
"Creator" - a user who creates a profile to offer subscribers subscriptions to access content and other opportunities provided by the creator. Subscribers can subscribe to a Creator's page to receive access to content provided by the Creator and other benefits and opportunities.
"User": a subscriber, creator or any other person or entity using the site or services.
4. LIMITATIONS OF USE
The information provided on the Site and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within said jurisdiction or country. Accordingly, those persons who choose to access the Site and/or use the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site and our Services are intended for users who are at least 18 years old or the age of majority in their country of residence. Persons under 18 years of age are not permitted to use or register on the Site or use the Services.
5. USER ACCOUNT REGISTRATION
You may be required to register on the Site to access aspects of the Services, including to create and publish content to your page as a Creator, and subscribe to Creator pages as a Subscriber. At the time of registration, you provide us with your name and email address, and possibly other information requested at the time of registration. To subscribe to the Creator Pages, you will also be required to provide credit card or other information as required by our applicable Third Party Payment Processors (see below in the "Payment Processing; Limited Refunds" section below). Creators may be required to provide appropriate tax documentation either at the time of registration or before initiating payment processing.
You agree to keep your password confidential and will be responsible for all use of your account and password. You agree to provide us with accurate information at the time of registration and to keep your information on file with us accurate and up-to-date in the future.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if you use your account in violation of these Terms of Service or our other policies, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any part of it).
6. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate and complete, and will remain current at the time you use the Services; (2) you are at least 18 years of age or the age of majority in your country of residence; 3) you have the legal capacity to accept these Terms of Use and you agree to comply with these Terms of Use; (4) not access the Site or use the Services through automated or non-human means, whether through a bot, script or otherwise; and (5) you will not use the Site for any illegal or unauthorized purpose and your use of the Site or Services will not violate any applicable law or regulation.
7. CONDUCT CONTENT GUIDELINES AND USE OF THE PLATFORM
You may not access or use the Site for any purpose other than that for which we make the Site and Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
In order to facilitate a Platform environment that is as secure and consistent with our objectives and principles as possible, we apply our Platform Rules of Conduct to all activities of Users in their use of the Platform and in relation to the Site, even with respect. to the content published by the Creators and made available to Subscribers through the Platform. We make efforts to monitor activities and content on our Platform for compliance with these rules, but we cannot review all such activities and content, so we encourage Users to report any violations of these parameters by contacting us at hola@7pkdos. com. We strive to work collaboratively with Creators to resolve any issues with the content on their Creator page, but we reserve the right to terminate any Creator or Subscriber account for violation of our rules and guidelines, or for conduct or content we believe inappropriate, in our sole discretion.
By accepting these Terms of Use, all Users (including Creators, Subscribers, or both) promise not to:
Yo. create, upload, transmit, distribute, sell, promote or store any content (including, without limitation, any content or information posted on your 7pkdos page as a Creator) that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive privacy or publicity rights, harassing, threatening, abusive, inflammatory or otherwise objectionable;
ii. download or copy or remove from the Platform any content posted on the Platform by a Creator, or post such content anywhere outside of the Platform, unless you are the Creator who posted the content or have the express written permission of the Creator to do it;
iii. post any content on the Platform in violation of any applicable intellectual property rights or in a manner that falsely or misleadingly represents the identity of the owner(s) of such content;
iv. use any content posted by another User in a manner not authorized by the owner of such content;
v. impersonate another person or entity; falsely claim an affiliation with any person or entity; make false or misleading statements about the source, identity or content of information you post on our Platform;
saw. harass, abuse, threaten, defraud, or make false statements about any User;
vii. reverse engineer, decompile, disassemble or attempt to discover the source code used in connection with our Services, except and only to the extent that this activity may not be prohibited under the applicable law of your jurisdiction of residence;
viii. use the Platform to send spam to other Users of our Services, including unsolicited promotional materials or other solicitation material, mass mailings, petitions for signatures, and other similar activities;
ix. Interfere with or damage the operation of our Site or Services by any means, including uploading or disseminating viruses, adware, spyware, worms or other malicious code;
x. access any component of the Site or our Services by any robot, spider, scraper, crawler or other automated means for any purpose, or circumvent our measures used to prevent or restrict access to any component of the Site or our Services;
xi. disguise the origin of any information or content you transmit through the Services;
xii. Interfere with or disrupt the operation of our servers or networks, or use the Services in any manner that may interfere with, disrupt, or inhibit others.Users to use our Services in their entirety;
xiii. use or attempt to use another User's account in any way without that User's authorization;
xiv. access or use any aspect of the Platform and/or our Services that you are not authorized to access;
xv. collect, or attempt to collect, personal information (including, without limitation, names, emails, addresses, credit card information or other identifying information) about our Users or third parties, unless you have your consent to do so; either
xvi. use our Services for any unlawful purpose, or in violation of any local, state, national or international law or regulation, including, but not limited to, laws governing intellectual property and other proprietary rights, data protection and privacy.
8. SUBSCRIPTIONS; RATES
Start a subscription; Renovations
Subscribers can select the Creator's pages and subscribe by selecting and paying the corresponding fees. Subscriptions are provided weekly, monthly, triennially, semiannually or annually, and in any of the applicable periods begins on the date the Subscriber initiates it and ends on the following date, whether weekly, monthly, triennially, semiannually or annually, date calendar that corresponds to the date on which the subscription began (the "Renewal Date"). The Renewal Date and the corresponding date of each subsequent calendar period while the subscription is renewed are referred to as the "Renewal Dates." A subscriber's subscription to a Creator Page will automatically renew on each and every renewal date unless canceled prior to the applicable renewal date.
The fee for a subscription is reflected on the Creator's page at the time a Subscriber selects the corresponding subscription. If we are required to collect transaction tax from the Subscriber for a particular transaction, we will reflect the amount of transaction tax payable at the time the applicable subscription fee is charged.
As described in more detail in “Payment Processing; Limited Refunds” set forth below, we charge a private subscription fee when we process subscription payments.
Depending on your jurisdiction and your bank's policies, your bank may charge you a transaction fee for certain subscription payments; We do not control and have no responsibility for any charges that may be applicable to your subscription fees.
Cancellations
A subscriber may cancel a subscription at any time. You can do so within the “My subscriptions” section. The user must cancel at least 48 hours before the renewal date.
7pkdos may cancel a subscription if Subscriber's payment method fails, if Subscriber is blocked by the Creator, or if we terminate Subscriber's account with us as provided in these Terms of Use.
If you cancel a subscription before the last day of the current subscription period, you will still have access to the Creator page for the remaining period until the next Renewal Date for the applicable subscription, and you will not be billed for any monthly period after expiration. of the current subscription period. No refund will be available for the subscription fee applicable to the then-current subscription period.
Subscription access
The subscriber can see all their active subscriptions in the “My subscriptions” section. Subscribing to a Creator Page and paying the applicable subscription fee provides you with access to the content that the Creator makes available on their Creator Page through the Platform. 7pkdos does not guarantee that any Creator will create new content during any particular period, and as a Subscriber, you acknowledge that the Creator of a Page to which you subscribe may stop publishing new content during the term of your subscription, or may not publish any. , and you agree that 7pkdos is not responsible for ensuring that no Creator adds new content to their Page, and that you are not entitled to any refund in the event that a Creator fails to add new content to their Creator Page. However, we reserve the right to remove any Creator Pages at our discretion for violations of these Terms of Use or our other policies.
Subscription packages
Automatic renewal will not be available in subscription packages for payments made through Oxxo and SPEI, only subscriptions made with the Paypal payment method will be automatically renewed.
By subscribing to any creator through subscription packages, they are subject to changes to creator accounts such as account blocking or deletion without prior notice.
9. PAYMENT PROCESSING; REFUNDS LIMITED
Processing payment
You may make purchases in connection with your use of the Services, including to subscribe to Creator Pages as described above. In consideration for 7pkdos' services in facilitating the Platform, we charge a fee equal to 15% of the amount paid by the Subscriber for the subscription (the "7pkdos Subscription Fee") when we process the payment.
We use third-party payment processors ("Payment Processors") to facilitate payments for subscriptions made through the Services. Payment processing will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for Payment Processor errors. By making a purchase through the Services, you agree to pay us, through the Payment Processor, all charges established at the time of your purchase in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your payment provider. You agree to make payment using the selected payment method. We reserve the right to correct any errors or mistakes you make even if you have already requested or received payment.
Although we reserve the right to select different or additional payment processors at our discretion, our Payment Processors as of the date of these Terms of Service include Coinpayments and Paypal.
As a Subscriber, you agree to provide current, complete and accurate purchase and account information to the Payment Processor for all purchases you make in connection with the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, with the Payment Processor. Sales tax is added to the price of purchases as required by us. All sales are final and no refunds will be issued.
Accept subscriptions; No refunds
We reserve the right to refuse any subscription made through the Site in our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per user or per purchase. Except as expressly provided in these Terms of Use, our general policy is that all purchases made through the Services are final and no refunds are available. However, we will consider exceptions to this policy, at our sole discretion, when the circumstances warrant.
Payments to creators
Amounts paid by subscribers for subscriptions and suggestions to a creator page, after the application of the private subscription fee, will be created in the creator's account. Creators can view the amounts credited to their account and the corresponding 7pkdos subscription fees on their creator page (or, alternatively, 7pkdos may provide recurring summaries on a weekly basis). We typically process creator accounts and deliver credit payments to creators during the first 5 business days of the month, although processing for particular accounts may require additional time.
Creators must provide appropriate tax identification information in connection with setting up their Creator Page, and Creators are responsible for properly reporting all legally required information, including income and applicable withholdings, to the appropriate tax authorities. As a Creator, you acknowledge that 7pkdos has no responsibility to ensure your complete and accurate reporting or compliance with your applicable tax obligations, and you agree to indemnify and hold us harmless for any claims, expenses or other costs we incur as a result of your failure to adequately report all required information and/or pay all taxes related to these Terms of Use.
Creators with Mexican nationality are subject to the following tax withholdings:
- ISR: 1% on income
In the event that the creator is not registered with the SAT and does not register his RFC, the withholding percentages would be the following:
- ISR: 20% on income
Percentage for referrals
Users who invite other people (referrals) to join the platform and they register with the creator's guest code will be given a 5% reward for the first 50 transactions of their referral. These rewards start from the first purchase of your referral and you will be able to view your earnings and your referral link in Edit my profile>Referrals>Your referral link.
10. DELETION/CANCELLATION OF ACCOUNTS
You can delete your account with us at any time by contacting us at hello@7pkdos.com. where we will provide you with instructions, this process may take up to 30 days depending on the situation of your account. Our Privacy Policy describes in more detail the information we retain after deletion of your account.
We may suspend or permanently terminate your account at any time at our discretion, including, without limitation, for a violation of these Terms of Service. In the event that you are requested to cancel your account while you have a current subscription, the subscription button will be disabled so that the period of active subscriptions expire and when there is no longer any active subscription left it will become a user account.
You agree, by accepting these Terms of Use, that you are not a third-party beneficiary of any agreement between us and any other User, and you may not bring any claim against 7pkdos based on our suspension or termination of any other User's account.
11. THIRD PARTY ACCOUNTS
As part of the Site's functionality, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by: (1) providing your Third-Party Account information login through the Site; or (2) allow us to access your Third-Party Account, as permitted by the applicable terms and conditions governing your use of each Third-Party Account. You represent and warrant that you have the right to disclose your Third-Party Account login information and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions governing your use of the Third-Party Account. , and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Account, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") for that is available on and through the Site through your account and (2) we may send to and receive from your Third Party Account additional information to the extent you are notified when you link your account with the Third Party. Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be available on and to through the Site. You will have the ability to deactivate the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including, but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contact list stored on your mobile device or tablet solely for the purpose of identifying and informing you of those contacts who have also registered for use the Site. . You may deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such third-party account, except for the username and profile picture that are associated with your account.
12. FEEDBACK
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Services ("Feedback") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Comments for any lawful purpose, commercial or otherwise without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
13. THIRD PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent through the Site or Services) links to other websites ("Third Party Websites"), as well as articles, photographs, text, graphics, images, designs, music, sound, video , information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Content. of third parties posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in any Third Party Websites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate from the Site or relating to any third-party applications or other content you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on any third-party websites and you hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. INTELLECTUAL PROPERTY RIGHTS; YOUR LICENSE TO USE THE SERVICES
Intellectual property of 7pkdos
Unless otherwise indicated, the Site and Services are our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively , the "7pkdos Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned, controlled or licensed by us, and are protected by copyright laws. and trademarks and other intellectual property rights and unfair competition laws of the United States, international copyright laws and international conventions. The 7pkdos Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or Services and no Content or Proprietary Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold. . , licensed or otherwise exploited for any commercial purpose, without our express prior written permission.
If you are a Creator, we grant you a limited license to use the 7pkdos Marks and Content to use the Platform and promote your page on the Platform, in all cases in accordance with the other provisions of these Terms of Use.
If you are a Subscriber, provided you are eligible to use the Site and Services and subject to your compliance with these Terms of Service, by registering an account with us through the Site, we grant you a limited license to access and use the place. We reserve all rights not expressly granted to you in and to the Site, the 7pkdos Content and the Marks, and except as set forth above, you may not use, distribute, copy, perform, display or create derivative works from our Marks or 7pkdos. Content unless we give you our express written permission to do so.
Your intellectual property
Other than comments (as described above), you retain full ownership of all content you create, and we do not claim any ownership of your content as a result of you posting that content on our Platform. However, you agree that for all content you post on our Platform or provide to us through the Site, we will have a royalty-free, irrevocable, sublicensable, worldwide license to use, distribute, perform, reproduce, display and create derivative works thereof. content in order to provide the Service and promote your 7pkdos page. We will not make public use of its content outside the established parameters.
Rights of others
You agree and acknowledge that you may not post any content or information on the Platform that violates or infringes the intellectual property rights or other proprietary rights of any third party, including the creators of the content or information, if any person other than yourself. . By posting any content, information or content on the Platform, you represent and warrant that you have all necessary legal permissions to post such content or information, and that your use will be consistent with such permissions.
You further agree and acknowledge that you will not use any content or information posted on the Platform by any Creator in a manner not authorized by the Creator of the content or information, whether such use occurs on the Platform or elsewhere.
15. SITE MANAGEMENT; TRACKING TECHNOLOGY
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any content submitted to the Platform or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7pkdos may use technology (including, without limitation, digital watermarks or similar technology) to facilitate tracking of the use and source of content posted on our Platform for purposes including determining the specific users to whom the content was available. on the Platform when the content has been published outside of our Platform. While we cannot assume responsibility for enforcing the Creator's intellectual property rights and have no obligation to affirmatively evaluate or monitor such use, we will respond and, where necessary, produce information upon receipt of valid legal process, including subpoenas that validly require the production of information relevant to users associated with content used in violation of the Creator's rights.
16. PRIVACY POLICY; USER DATA
We care about data privacy and security. By using the Site or Services, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please note that the Site and Services are hosted in the United States. If you access the Site or Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Services, as well as data relating to your use of the Services, and will process such data in accordance with our Privacy Policy. Although we perform regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Creators agree to be responsible for keeping all subscriber data they receive secure and confidential, as set forth in our Creator Data Processing Agreement.
17. COPYRIGHT ISSUES
We respect copyright laws and expect all Users of our Services to do so as well. We will take reasonable steps to remove the infringing material from the Site and our Platform.
We also take seriously any violation of the copyright and other intellectual property rights of Creators in the content they post on the Platform, and require Users to agree, under these Terms of Use, that they will not use the content published by our creators in an unauthorized way. However, we cannot monitor the use of Creator Content outside of our Platform, and 7pkdos is not responsible for preventing copyright violations or other misuse by other Users or third parties of Creator Content that occurs outside of our Platform.
18. EXPORT CONTROL
Products available through the Services may be subject to US export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions are maintained by the Treasury Department's Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. By making any purchase through the Services, you warrant that (1) you are not located in any country to which the United States has embargoed goods or applied economic sanctions; and (2) is not a denied party as specified in applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you will not sell, export, re-export, transfer, divert or otherwise dispose of any products, software or technology (including products derived from or based on such technology) received from 7pkdos pursuant to these Terms of service to any destination, entity or person prohibited by applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from competent government authorities as required by such laws and regulations.
19. TERM AND TERMINATION
These Terms of Use will remain in full force and effect while you use the Site and until terminated by 7pkdos or you. After such termination, you may no longer use the Site or Services for any purpose unless you agree to be bound by the Terms of Service at the time of such use. These Terms of Use will continue to govern your use of the Services even if you no longer have an account with us. Notwithstanding the foregoing, you acknowledge and agree that the perpetual licenses granted by you in relation to content submitted to the Platform, including Feedback, are irrevocable and will therefore continue after expiration or termination of any of the Agreements. for any circustance. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANYONE PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If you or 7pkdos terminate these Terms of Service with respect to you, or if we suspend your access to the Site and Services, you agree that we will have no liability to you and will not refund any amounts already paid, to the fullest extent permitted by applicable law. All sections that, whether expressly or by their nature, survive termination of these Terms of Service will survive termination.
20. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the content of the Site or the functionality of the Services at any time or for any reason at our sole discretion without notice. However, we are under no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. Except as expressly provided in a written agreement executed by us, we will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site or Services.
We cannot guarantee that the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue or modify the Site or Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or Services or to supply any corrections, updates, or releases in connection therewith.
21. DISPUTE RESOLUTION – BINDING ARBITRATION AND CLASS ACTION WAIVER
In order to resolve disputes between you and 7pkdos in the most expeditious and cost-effective manner, you and 7pkdos agree that any and all disputes arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator rather than a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement with you to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether claims arise during or after termination of these Terms of Use. You understand and agree that, by agreeing to these Terms of Use, you and 7pkdos are each waiving the right to a trial by jury or to participate in a class action.
Without prejudice to the immediately preceding paragraph, you and 7pkdos agree that nothing herein shall be deemed to waive, exclude or otherwise limit our right to (i) bring an individual action in small claims court, (ii) pursue actions of enforcement through applicable federal laws. , state or local agencies where such remedies are available, (iii) seek injunctive relief in a court of law, or (iv) file a lawsuit in a court of law to address claims of intellectual property infringement that are not excluded by these Terms of use. Furthermore, this arbitration agreement will not modify your agreement and recognition that you may not bring any claim against 7pkdos based on our suspension or termination of any other User's account.
A party intending to seek arbitration must first send written notice of the dispute to the other party by certified mail or nationally recognized overnight courier (signature required), or, in the event we do not have a current physical address on file for you, via email ("Notice"). 7pkdos's address for the Notice is: email: [legal@7pkdos.com]. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) establish the specific relief requested. The parties agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days of receipt of the Notice, you or 7pkdos may begin an arbitration proceeding.
All arbitration hearings will be held at an agreed upon location in the State of Jalisco, Mexico, provided that if the claim is for $10,000mxn or less, you may choose whether the arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, through a non-appearance-based telephone hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceeding and upon request of either party within 14 days of the arbitrator's ruling on the merits.
YOU AND 7PKDOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless you and 7pkdos agree otherwise, you agree that you will not ask the arbitrator or court to consolidate more than one person's claims, or to preside over any form of a representative or class proceeding.
22. DISCLAIMER
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE OR IN ANY SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND 7PKDOS, THE SITE AND THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE PARTICULAR INFRINGEMENT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE, AND WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY (1) ERRORS. OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY INFORMATION PERSONAL DATA STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHERS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE NOT A PARTY OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES.
23. LIMITATIONS OF LIABILITY
In no case, 7pkdos or our directors, officials, employees, agents, subsidiaries, affiliates or contractors will be responsible to you or any third party for any direct, indirect, consequent, exemplary, incidental, special or loss, inclusive, inclusive, loss of income, loss, loss, loss OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE MONTH (12 MONTHS) PERIOD BEFORE THE APPLICABLE CAUSE OF ACTION ARISES.
THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
24. INDEMNIFICATION
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' rights. 'fees and expenses arising from: (1) your use of the Services; (2) your breach of these Terms of Use; (3) any breach or inaccuracy of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including, without limitation, intellectual property rights; and/or (5) any overt harmful act by you toward any other user of the Site or the Services with which you connected through the Site. Without limiting the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which we are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. APPLICABLE LAW
These terms will be governed by the laws of the state of Jalisco, without regard to choice or conflicts of law principles. Furthermore, you and 7pkdos agree to the jurisdiction of the courts of the state of Jalisco, to resolve any dispute, claim or controversy that relates to or arises in connection with these Terms of Use (and any non-contractual disputes / claims related to or arising in connection with them), subject in all applicable cases to the requirements of the Dispute Resolution provisions set forth in Section 21.
26. ASSIGNMENT
7pkdos may assign any of its rights and/or obligations under these Terms of Service, in whole or in part. You may not assign these Terms of Service, in whole or in part, or transfer or sublicense your rights under these Terms of Service to any third party, except with the written consent of 7pkdos.
27. COMPLETE AGREEMENT
Other than as set forth in this section or as explicitly agreed to in writing between you and 7pkdos, these Terms of Service, all provisions incorporated by reference herein, and any policies or operating rules posted by us on the Site, constitute the entire terms and agreed conditions. between you and 7pkdos and supersedes any prior agreements relating to the subject matter of these Terms of Service, whether written or oral.
However, please note that certain aspects of your use of the Services may be governed by additional agreements. When you are presented with an offer for such aspects of your use of the Services, you will be presented with any related additional agreements and will have the opportunity to accept additional terms. To the extent there is an irreconcilable conflict between the additional terms and these Terms of Service, the additional terms will control.
28. SEVERABILITY, WAIVER AND INTERPRETATION
Unless otherwise provided in these Terms of Service, if any provision of these Terms of Service shall be deemed invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any way affect or invalidate or unenforce the All other provisions of these Terms of Service and the enforcement of that provision will be enforced to the extent permitted by law.
Any failure by 7pkdos or any third party beneficiary to enforce these Terms of Service or any provision hereof shall not waive our or the applicable third party beneficiary's right to do so.
As used in these Terms of Service, the words “include” and “including” and variations thereof shall be deemed followed by the words “without limitation.”
29. COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES
You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non¬electronic records, or to payments or the granting of credits by any other party. half. than electronic media.
30. CONTACT US
To resolve a complaint regarding the Site or Services, or to request further information regarding use of the Site or Services, please contact us at:
hello@7pkdos.com
Last updated August 1, 2023
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and 7PKDOS.- 7pkdos Social, ("7pkdos", "we", "us" or "our" ), in connection with your access and use of the website https://7pkdos.com/, as well as any other media outlet, media channel, Mobile Website or mobile application related, linked or otherwise connected thereto ( collectively, the "Site"). The Site provides a platform operated by 7pkdos (the "Platform") where Creators may offer subscriptions to Subscribers to allow Subscribers to access the content and information posted by Creators on the Platform. The Platform facilitates interactions between Creators and Subscribers in connection with their subscriptions and facilitates payments from Subscribers to Creators, along with related 7pkdos services (collectively, the "Services"). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms of Use.
To use the Services, you must be at least 18 years of age or the age of majority in your country of residence and have the power to enter into a binding agreement with us by accepting these terms.
THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BETWEEN YOU AND 7PKDOS THROUGH BINDING ARBITRATION, AND A WAIVER OF THE RIGHT TO CONDUCT SUCH PROCEEDINGS IN CLASS, AS SET FORTH UNDER THE HEADING "DISPUTE RESOLUTION - BINDING ARBITRATION."
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. CHANGES IN THE TERMS
We reserve the right to make changes to these Terms of Service from time to time, in whole or in part, at our sole discretion, at any time without notice by posting an updated version of the Terms of Service on the Site and/or making updated Terms of Service available to you when you access the Services. When we do so, we will revise the “last updated” date at the beginning of the Terms of Service. When we make material changes to these Terms of Service, we will provide you with notice as appropriate under the circumstances, for example, by displaying a prominent notice on the Site and/or sending you an email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Therefore, be sure to read this notice carefully. If you do not wish to continue using the Service under the new version of the Terms of Service, you may cancel your account by contacting us at the contact information provided in these Terms of Service.
3. DEFINITIONS
When used in these Terms of Use, the terms set forth below have the following meanings:
“Subscriber” – a user who registers for an account with 7pkdos to use the Platform and access the page(s) of one or more Creators by subscribing to such pages.
"Creator" - a user who creates a profile to offer subscribers subscriptions to access content and other opportunities provided by the creator. Subscribers can subscribe to a Creator's page to receive access to content provided by the Creator and other benefits and opportunities.
"User": a subscriber, creator or any other person or entity using the site or services.
4. LIMITATIONS OF USE
The information provided on the Site and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within said jurisdiction or country. Accordingly, those persons who choose to access the Site and/or use the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site and our Services are intended for users who are at least 18 years old or the age of majority in their country of residence. Persons under 18 years of age are not permitted to use or register on the Site or use the Services.
5. USER ACCOUNT REGISTRATION
You may be required to register on the Site to access aspects of the Services, including to create and publish content to your page as a Creator, and subscribe to Creator pages as a Subscriber. At the time of registration, you provide us with your name and email address, and possibly other information requested at the time of registration. To subscribe to the Creator Pages, you will also be required to provide credit card or other information as required by our applicable Third Party Payment Processors (see below in the "Payment Processing; Limited Refunds" section below). Creators may be required to provide appropriate tax documentation either at the time of registration or before initiating payment processing.
You agree to keep your password confidential and will be responsible for all use of your account and password. You agree to provide us with accurate information at the time of registration and to keep your information on file with us accurate and up-to-date in the future.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if you use your account in violation of these Terms of Service or our other policies, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any part of it).
6. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate and complete, and will remain current at the time you use the Services; (2) you are at least 18 years of age or the age of majority in your country of residence; 3) you have the legal capacity to accept these Terms of Use and you agree to comply with these Terms of Use; (4) not access the Site or use the Services through automated or non-human means, whether through a bot, script or otherwise; and (5) you will not use the Site for any illegal or unauthorized purpose and your use of the Site or Services will not violate any applicable law or regulation.
7. CONDUCT CONTENT GUIDELINES AND USE OF THE PLATFORM
You may not access or use the Site for any purpose other than that for which we make the Site and Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
In order to facilitate a Platform environment that is as secure and consistent with our objectives and principles as possible, we apply our Platform Rules of Conduct to all activities of Users in their use of the Platform and in relation to the Site, even with respect. to the content published by the Creators and made available to Subscribers through the Platform. We make efforts to monitor activities and content on our Platform for compliance with these rules, but we cannot review all such activities and content, so we encourage Users to report any violations of these parameters by contacting us at hola@7pkdos. com. We strive to work collaboratively with Creators to resolve any issues with the content on their Creator page, but we reserve the right to terminate any Creator or Subscriber account for violation of our rules and guidelines, or for conduct or content we believe inappropriate, in our sole discretion.
By accepting these Terms of Use, all Users (including Creators, Subscribers, or both) promise not to:
Yo. create, upload, transmit, distribute, sell, promote or store any content (including, without limitation, any content or information posted on your 7pkdos page as a Creator) that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive privacy or publicity rights, harassing, threatening, abusive, inflammatory or otherwise objectionable;
ii. download or copy or remove from the Platform any content posted on the Platform by a Creator, or post such content anywhere outside of the Platform, unless you are the Creator who posted the content or have the express written permission of the Creator to do it;
iii. post any content on the Platform in violation of any applicable intellectual property rights or in a manner that falsely or misleadingly represents the identity of the owner(s) of such content;
iv. use any content posted by another User in a manner not authorized by the owner of such content;
v. impersonate another person or entity; falsely claim an affiliation with any person or entity; make false or misleading statements about the source, identity or content of information you post on our Platform;
saw. harass, abuse, threaten, defraud, or make false statements about any User;
vii. reverse engineer, decompile, disassemble or attempt to discover the source code used in connection with our Services, except and only to the extent that this activity may not be prohibited under the applicable law of your jurisdiction of residence;
viii. use the Platform to send spam to other Users of our Services, including unsolicited promotional materials or other solicitation material, mass mailings, petitions for signatures, and other similar activities;
ix. Interfere with or damage the operation of our Site or Services by any means, including uploading or disseminating viruses, adware, spyware, worms or other malicious code;
x. access any component of the Site or our Services by any robot, spider, scraper, crawler or other automated means for any purpose, or circumvent our measures used to prevent or restrict access to any component of the Site or our Services;
xi. disguise the origin of any information or content you transmit through the Services;
xii. Interfere with or disrupt the operation of our servers or networks, or use the Services in any manner that may interfere with, disrupt, or inhibit others.Users to use our Services in their entirety;
xiii. use or attempt to use another User's account in any way without that User's authorization;
xiv. access or use any aspect of the Platform and/or our Services that you are not authorized to access;
xv. collect, or attempt to collect, personal information (including, without limitation, names, emails, addresses, credit card information or other identifying information) about our Users or third parties, unless you have your consent to do so; either
xvi. use our Services for any unlawful purpose, or in violation of any local, state, national or international law or regulation, including, but not limited to, laws governing intellectual property and other proprietary rights, data protection and privacy.
8. SUBSCRIPTIONS; RATES
Start a subscription; Renovations
Subscribers can select the Creator's pages and subscribe by selecting and paying the corresponding fees. Subscriptions are provided weekly, monthly, triennially, semiannually or annually, and in any of the applicable periods begins on the date the Subscriber initiates it and ends on the following date, whether weekly, monthly, triennially, semiannually or annually, date calendar that corresponds to the date on which the subscription began (the "Renewal Date"). The Renewal Date and the corresponding date of each subsequent calendar period while the subscription is renewed are referred to as the "Renewal Dates." A subscriber's subscription to a Creator Page will automatically renew on each and every renewal date unless canceled prior to the applicable renewal date.
The fee for a subscription is reflected on the Creator's page at the time a Subscriber selects the corresponding subscription. If we are required to collect transaction tax from the Subscriber for a particular transaction, we will reflect the amount of transaction tax payable at the time the applicable subscription fee is charged.
As described in more detail in “Payment Processing; Limited Refunds” set forth below, we charge a private subscription fee when we process subscription payments.
Depending on your jurisdiction and your bank's policies, your bank may charge you a transaction fee for certain subscription payments; We do not control and have no responsibility for any charges that may be applicable to your subscription fees.
Cancellations
A subscriber may cancel a subscription at any time. You can do so within the “My subscriptions” section. The user must cancel at least 48 hours before the renewal date.
7pkdos may cancel a subscription if Subscriber's payment method fails, if Subscriber is blocked by the Creator, or if we terminate Subscriber's account with us as provided in these Terms of Use.
If you cancel a subscription before the last day of the current subscription period, you will still have access to the Creator page for the remaining period until the next Renewal Date for the applicable subscription, and you will not be billed for any monthly period after expiration. of the current subscription period. No refund will be available for the subscription fee applicable to the then-current subscription period.
Subscription access
The subscriber can see all their active subscriptions in the “My subscriptions” section. Subscribing to a Creator Page and paying the applicable subscription fee provides you with access to the content that the Creator makes available on their Creator Page through the Platform. 7pkdos does not guarantee that any Creator will create new content during any particular period, and as a Subscriber, you acknowledge that the Creator of a Page to which you subscribe may stop publishing new content during the term of your subscription, or may not publish any. , and you agree that 7pkdos is not responsible for ensuring that no Creator adds new content to their Page, and that you are not entitled to any refund in the event that a Creator fails to add new content to their Creator Page. However, we reserve the right to remove any Creator Pages at our discretion for violations of these Terms of Use or our other policies.
Subscription packages
Automatic renewal will not be available in subscription packages for payments made through Oxxo and SPEI, only subscriptions made with the Paypal payment method will be automatically renewed.
By subscribing to any creator through subscription packages, they are subject to changes to creator accounts such as account blocking or deletion without prior notice.
9. PAYMENT PROCESSING; REFUNDS LIMITED
Processing payment
You may make purchases in connection with your use of the Services, including to subscribe to Creator Pages as described above. In consideration for 7pkdos' services in facilitating the Platform, we charge a fee equal to 15% of the amount paid by the Subscriber for the subscription (the "7pkdos Subscription Fee") when we process the payment.
We use third-party payment processors ("Payment Processors") to facilitate payments for subscriptions made through the Services. Payment processing will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for Payment Processor errors. By making a purchase through the Services, you agree to pay us, through the Payment Processor, all charges established at the time of your purchase in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your payment provider. You agree to make payment using the selected payment method. We reserve the right to correct any errors or mistakes you make even if you have already requested or received payment.
Although we reserve the right to select different or additional payment processors at our discretion, our Payment Processors as of the date of these Terms of Service include Coinpayments and Paypal.
As a Subscriber, you agree to provide current, complete and accurate purchase and account information to the Payment Processor for all purchases you make in connection with the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, with the Payment Processor. Sales tax is added to the price of purchases as required by us. All sales are final and no refunds will be issued.
Accept subscriptions; No refunds
We reserve the right to refuse any subscription made through the Site in our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per user or per purchase. Except as expressly provided in these Terms of Use, our general policy is that all purchases made through the Services are final and no refunds are available. However, we will consider exceptions to this policy, at our sole discretion, when the circumstances warrant.
Payments to creators
Amounts paid by subscribers for subscriptions and suggestions to a creator page, after the application of the private subscription fee, will be created in the creator's account. Creators can view the amounts credited to their account and the corresponding 7pkdos subscription fees on their creator page (or, alternatively, 7pkdos may provide recurring summaries on a weekly basis). We typically process creator accounts and deliver credit payments to creators during the first 5 business days of the month, although processing for particular accounts may require additional time.
Creators must provide appropriate tax identification information in connection with setting up their Creator Page, and Creators are responsible for properly reporting all legally required information, including income and applicable withholdings, to the appropriate tax authorities. As a Creator, you acknowledge that 7pkdos has no responsibility to ensure your complete and accurate reporting or compliance with your applicable tax obligations, and you agree to indemnify and hold us harmless for any claims, expenses or other costs we incur as a result of your failure to adequately report all required information and/or pay all taxes related to these Terms of Use.
Creators with Mexican nationality are subject to the following tax withholdings:
- ISR: 1% on income
In the event that the creator is not registered with the SAT and does not register his RFC, the withholding percentages would be the following:
- ISR: 20% on income
Percentage for referrals
Users who invite other people (referrals) to join the platform and they register with the creator's guest code will be given a 5% reward for the first 50 transactions of their referral. These rewards start from the first purchase of your referral and you will be able to view your earnings and your referral link in Edit my profile>Referrals>Your referral link.
10. DELETION/CANCELLATION OF ACCOUNTS
You can delete your account with us at any time by contacting us at hello@7pkdos.com. where we will provide you with instructions, this process may take up to 30 days depending on the situation of your account. Our Privacy Policy describes in more detail the information we retain after deletion of your account.
We may suspend or permanently terminate your account at any time at our discretion, including, without limitation, for a violation of these Terms of Service. In the event that you are requested to cancel your account while you have a current subscription, the subscription button will be disabled so that the period of active subscriptions expire and when there is no longer any active subscription left it will become a user account.
You agree, by accepting these Terms of Use, that you are not a third-party beneficiary of any agreement between us and any other User, and you may not bring any claim against 7pkdos based on our suspension or termination of any other User's account.
11. THIRD PARTY ACCOUNTS
As part of the Site's functionality, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by: (1) providing your Third-Party Account information login through the Site; or (2) allow us to access your Third-Party Account, as permitted by the applicable terms and conditions governing your use of each Third-Party Account. You represent and warrant that you have the right to disclose your Third-Party Account login information and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions governing your use of the Third-Party Account. , and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Account, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") for that is available on and through the Site through your account and (2) we may send to and receive from your Third Party Account additional information to the extent you are notified when you link your account with the Third Party. Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be available on and to through the Site. You will have the ability to deactivate the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including, but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contact list stored on your mobile device or tablet solely for the purpose of identifying and informing you of those contacts who have also registered for use the Site. . You may deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such third-party account, except for the username and profile picture that are associated with your account.
12. FEEDBACK
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Services ("Feedback") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Comments for any lawful purpose, commercial or otherwise without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
13. THIRD PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent through the Site or Services) links to other websites ("Third Party Websites"), as well as articles, photographs, text, graphics, images, designs, music, sound, video , information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Content. of third parties posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in any Third Party Websites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate from the Site or relating to any third-party applications or other content you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on any third-party websites and you hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. INTELLECTUAL PROPERTY RIGHTS; YOUR LICENSE TO USE THE SERVICES
Intellectual property of 7pkdos
Unless otherwise indicated, the Site and Services are our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively , the "7pkdos Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned, controlled or licensed by us, and are protected by copyright laws. and trademarks and other intellectual property rights and unfair competition laws of the United States, international copyright laws and international conventions. The 7pkdos Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or Services and no Content or Proprietary Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold. . , licensed or otherwise exploited for any commercial purpose, without our express prior written permission.
If you are a Creator, we grant you a limited license to use the 7pkdos Marks and Content to use the Platform and promote your page on the Platform, in all cases in accordance with the other provisions of these Terms of Use.
If you are a Subscriber, provided you are eligible to use the Site and Services and subject to your compliance with these Terms of Service, by registering an account with us through the Site, we grant you a limited license to access and use the place. We reserve all rights not expressly granted to you in and to the Site, the 7pkdos Content and the Marks, and except as set forth above, you may not use, distribute, copy, perform, display or create derivative works from our Marks or 7pkdos. Content unless we give you our express written permission to do so.
Your intellectual property
Other than comments (as described above), you retain full ownership of all content you create, and we do not claim any ownership of your content as a result of you posting that content on our Platform. However, you agree that for all content you post on our Platform or provide to us through the Site, we will have a royalty-free, irrevocable, sublicensable, worldwide license to use, distribute, perform, reproduce, display and create derivative works thereof. content in order to provide the Service and promote your 7pkdos page. We will not make public use of its content outside the established parameters.
Rights of others
You agree and acknowledge that you may not post any content or information on the Platform that violates or infringes the intellectual property rights or other proprietary rights of any third party, including the creators of the content or information, if any person other than yourself. . By posting any content, information or content on the Platform, you represent and warrant that you have all necessary legal permissions to post such content or information, and that your use will be consistent with such permissions.
You further agree and acknowledge that you will not use any content or information posted on the Platform by any Creator in a manner not authorized by the Creator of the content or information, whether such use occurs on the Platform or elsewhere.
15. SITE MANAGEMENT; TRACKING TECHNOLOGY
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any content submitted to the Platform or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7pkdos may use technology (including, without limitation, digital watermarks or similar technology) to facilitate tracking of the use and source of content posted on our Platform for purposes including determining the specific users to whom the content was available. on the Platform when the content has been published outside of our Platform. While we cannot assume responsibility for enforcing the Creator's intellectual property rights and have no obligation to affirmatively evaluate or monitor such use, we will respond and, where necessary, produce information upon receipt of valid legal process, including subpoenas that validly require the production of information relevant to users associated with content used in violation of the Creator's rights.
16. PRIVACY POLICY; USER DATA
We care about data privacy and security. By using the Site or Services, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please note that the Site and Services are hosted in the United States. If you access the Site or Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Services, as well as data relating to your use of the Services, and will process such data in accordance with our Privacy Policy. Although we perform regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Creators agree to be responsible for keeping all subscriber data they receive secure and confidential, as set forth in our Creator Data Processing Agreement.
17. COPYRIGHT ISSUES
We respect copyright laws and expect all Users of our Services to do so as well. We will take reasonable steps to remove the infringing material from the Site and our Platform.
We also take seriously any violation of the copyright and other intellectual property rights of Creators in the content they post on the Platform, and require Users to agree, under these Terms of Use, that they will not use the content published by our creators in an unauthorized way. However, we cannot monitor the use of Creator Content outside of our Platform, and 7pkdos is not responsible for preventing copyright violations or other misuse by other Users or third parties of Creator Content that occurs outside of our Platform.
18. EXPORT CONTROL
Products available through the Services may be subject to US export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions are maintained by the Treasury Department's Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. By making any purchase through the Services, you warrant that (1) you are not located in any country to which the United States has embargoed goods or applied economic sanctions; and (2) is not a denied party as specified in applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you will not sell, export, re-export, transfer, divert or otherwise dispose of any products, software or technology (including products derived from or based on such technology) received from 7pkdos pursuant to these Terms of service to any destination, entity or person prohibited by applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from competent government authorities as required by such laws and regulations.
19. TERM AND TERMINATION
These Terms of Use will remain in full force and effect while you use the Site and until terminated by 7pkdos or you. After such termination, you may no longer use the Site or Services for any purpose unless you agree to be bound by the Terms of Service at the time of such use. These Terms of Use will continue to govern your use of the Services even if you no longer have an account with us. Notwithstanding the foregoing, you acknowledge and agree that the perpetual licenses granted by you in relation to content submitted to the Platform, including Feedback, are irrevocable and will therefore continue after expiration or termination of any of the Agreements. for any circustance. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANYONE PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If you or 7pkdos terminate these Terms of Service with respect to you, or if we suspend your access to the Site and Services, you agree that we will have no liability to you and will not refund any amounts already paid, to the fullest extent permitted by applicable law. All sections that, whether expressly or by their nature, survive termination of these Terms of Service will survive termination.
20. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the content of the Site or the functionality of the Services at any time or for any reason at our sole discretion without notice. However, we are under no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. Except as expressly provided in a written agreement executed by us, we will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site or Services.
We cannot guarantee that the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue or modify the Site or Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or Services or to supply any corrections, updates, or releases in connection therewith.
21. DISPUTE RESOLUTION – BINDING ARBITRATION AND CLASS ACTION WAIVER
In order to resolve disputes between you and 7pkdos in the most expeditious and cost-effective manner, you and 7pkdos agree that any and all disputes arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator rather than a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement with you to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether claims arise during or after termination of these Terms of Use. You understand and agree that, by agreeing to these Terms of Use, you and 7pkdos are each waiving the right to a trial by jury or to participate in a class action.
Without prejudice to the immediately preceding paragraph, you and 7pkdos agree that nothing herein shall be deemed to waive, exclude or otherwise limit our right to (i) bring an individual action in small claims court, (ii) pursue actions of enforcement through applicable federal laws. , state or local agencies where such remedies are available, (iii) seek injunctive relief in a court of law, or (iv) file a lawsuit in a court of law to address claims of intellectual property infringement that are not excluded by these Terms of use. Furthermore, this arbitration agreement will not modify your agreement and recognition that you may not bring any claim against 7pkdos based on our suspension or termination of any other User's account.
A party intending to seek arbitration must first send written notice of the dispute to the other party by certified mail or nationally recognized overnight courier (signature required), or, in the event we do not have a current physical address on file for you, via email ("Notice"). 7pkdos's address for the Notice is: email: [legal@7pkdos.com]. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) establish the specific relief requested. The parties agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days of receipt of the Notice, you or 7pkdos may begin an arbitration proceeding.
All arbitration hearings will be held at an agreed upon location in the State of Jalisco, Mexico, provided that if the claim is for $10,000mxn or less, you may choose whether the arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, through a non-appearance-based telephone hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceeding and upon request of either party within 14 days of the arbitrator's ruling on the merits.
YOU AND 7PKDOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless you and 7pkdos agree otherwise, you agree that you will not ask the arbitrator or court to consolidate more than one person's claims, or to preside over any form of a representative or class proceeding.
22. DISCLAIMER
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE OR IN ANY SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND 7PKDOS, THE SITE AND THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE PARTICULAR INFRINGEMENT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE, AND WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY (1) ERRORS. OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY INFORMATION PERSONAL DATA STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHERS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE NOT A PARTY OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES.
23. LIMITATIONS OF LIABILITY
In no case, 7pkdos or our directors, officials, employees, agents, subsidiaries, affiliates or contractors will be responsible to you or any third party for any direct, indirect, consequent, exemplary, incidental, special or loss, inclusive, inclusive, loss of income, loss, loss, loss OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE MONTH (12 MONTHS) PERIOD BEFORE THE APPLICABLE CAUSE OF ACTION ARISES.
THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
24. INDEMNIFICATION
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' rights. 'fees and expenses arising from: (1) your use of the Services; (2) your breach of these Terms of Use; (3) any breach or inaccuracy of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including, without limitation, intellectual property rights; and/or (5) any overt harmful act by you toward any other user of the Site or the Services with which you connected through the Site. Without limiting the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which we are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. APPLICABLE LAW
These terms will be governed by the laws of the state of Jalisco, without regard to choice or conflicts of law principles. Furthermore, you and 7pkdos agree to the jurisdiction of the courts of the state of Jalisco, to resolve any dispute, claim or controversy that relates to or arises in connection with these Terms of Use (and any non-contractual disputes / claims related to or arising in connection with them), subject in all applicable cases to the requirements of the Dispute Resolution provisions set forth in Section 21.
26. ASSIGNMENT
7pkdos may assign any of its rights and/or obligations under these Terms of Service, in whole or in part. You may not assign these Terms of Service, in whole or in part, or transfer or sublicense your rights under these Terms of Service to any third party, except with the written consent of 7pkdos.
27. COMPLETE AGREEMENT
Other than as set forth in this section or as explicitly agreed to in writing between you and 7pkdos, these Terms of Service, all provisions incorporated by reference herein, and any policies or operating rules posted by us on the Site, constitute the entire terms and agreed conditions. between you and 7pkdos and supersedes any prior agreements relating to the subject matter of these Terms of Service, whether written or oral.
However, please note that certain aspects of your use of the Services may be governed by additional agreements. When you are presented with an offer for such aspects of your use of the Services, you will be presented with any related additional agreements and will have the opportunity to accept additional terms. To the extent there is an irreconcilable conflict between the additional terms and these Terms of Service, the additional terms will control.
28. SEVERABILITY, WAIVER AND INTERPRETATION
Unless otherwise provided in these Terms of Service, if any provision of these Terms of Service shall be deemed invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any way affect or invalidate or unenforce the All other provisions of these Terms of Service and the enforcement of that provision will be enforced to the extent permitted by law.
Any failure by 7pkdos or any third party beneficiary to enforce these Terms of Service or any provision hereof shall not waive our or the applicable third party beneficiary's right to do so.
As used in these Terms of Service, the words “include” and “including” and variations thereof shall be deemed followed by the words “without limitation.”
29. COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES
You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non¬electronic records, or to payments or the granting of credits by any other party. half. than electronic media.
30. CONTACT US
To resolve a complaint regarding the Site or Services, or to request further information regarding use of the Site or Services, please contact us at:
hello@7pkdos.com
Last updated August 1, 2023
