Terms of use
The following Terms and Conditions (“Terms”) apply to any user (“User”) of www.silvinamoschini.com, its associated websites, features, content, and materials (collectively referred as the “Website”), which are owned and operated by TransparentBusiness Inc. (“TB”). Both TB and User may hereinafter be referred to separately as a “Party” or collectively as the “Parties”. The User must read the Terms in full before using the Website. By using the Website, the User automatically agrees to be legally bound by the Terms, the Privacy Policy, and any other supplemental agreement that may apply (collectively, the “Agreement”). If the User does not agree to the Agreement, the User cannot the Website.
Changes to Terms
TB occasionally updates the Agreement, so the User must refer to the Agreement. TB reserves the right to modify the Agreement at any time without prior notice. Using the Website after the changes become effective means the User agrees to the new terms of the Agreement. If the User does not agree to the new terms, the User must stop using the Website.
Informational Purpose
The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between the User and TB, its Affiliates or María Silvina Moschini.
Term
This Agreement will remain in full effect as long as the User keeps using the Website. TB may immediately terminate the Agreement if the User breaches the Agreement. The representations, warranties, and covenants of the User contained in this Agreement will survive the termination of the Agreement.
Availability
The Website may be unavailable from time to time, may be offered on a limited basis, or may vary depending on the User’s region or device. If the User changes its location, the Website might be unavailable. The User agrees not to access the Website in jurisdictions where such access is illegal or to conceal or misrepresent its location or identity in order to access the Website. TB strives to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and TB is not liable for any disruption or loss the User may suffer as a result.
Errors, Inaccuracies, and Omissions
The Website may contain technical inaccuracies and typographical errors. TB and its Affiliates shall not assume responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. TB and its Affiliates reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Website, at any time without notice, including after confirmation of a transaction.
Website Management
TB reserves the right but does not have the obligation, in its sole discretion: (i) monitor the Website for violations of the Agreement; (ii) take appropriate legal action against anyone who violates the Agreement, including without limitation, reporting such User to law enforcement authorities; (iii) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any User’s contribution or any portion thereof that may violate the Agreement; (iv) remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to TB’s systems; (v) manage the Website in a manner designed to protect the rights and property of TB and others and to facilitate the proper functioning of the Website.
Privacy and Protection of Personal Information
The collection and use of the User’s information is subject to TB Group Privacy Policy (“Privacy Policy”). By using the Website, the User consents to all actions taken by TB and/or its Affiliates with respect to the User’s information in compliance with the Privacy Policy.
Intellectual Property
The Website, including graphics, user interface, audio clips, video clips, editorial content, templates and the scripts and software used to implement them, contains proprietary information and material that is owned by TB and/or its Affiliates and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright (“Intellectual Property”). Using the Website does not give the User ownership of any Intellectual Property rights to the User. The User may not use content from the Website unless it obtains permission from TB or its Affiliates. Except as expressly provided under the Agreement, TB and its Affiliates do not grant the User a license or any other rights of any type – such as the right to modify, rent, lease, loan, sell, distribute, or create derivative works based on Intellectual Property – under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by TB or its Affiliates or any related entity, including but not limited to any name, trade dress, logo or equivalents. If the User gives TB or its Affiliates any idea, proposal, suggestion, or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”), you give to the corresponding Affiliate of the TB Group, without charge, royalties or other obligation to the User, the right to make, have made, create derivative works, use, share and commercialize the Feedback in any way and for any purpose. The User will not give Feedback that is subject to a license that requires TB or its Affiliates to license its software, technologies, or documentation to any third party because TB or its Affiliates includes the Feedback in them.
DMCA Compliance
TB makes an important effort to remain compliant with all applicable regulation to online service and content providers. However, due to the amount and type of media, which is being always uploaded to the Website, it is impossible for TB to become aware whether a copyright infringement has occurred. Therefore, to remain compliant with applicable copyright laws, both, online and offline, TB has set out this section so that Users and third parties may easily present a claim in the event of a breach to their copyright. If the User believes that any content breaches its copyright or that of a third party the User represents, the User may send an email to the address specified in the section “Notices”, to contact TB’s designated agent for DMCA purposes. The email, which is officially a notification, must contain the following: (i) electronic signature or physical evidence of the true holder of the copyright of the alleged breaching material, or of the person which is representing and has the authority to make a representation on behalf of the holder of the copyright of the alleged breaching material; (ii) Describe and identify the material or materials which is being allegedly breached on the Website. In case of more than one breach, the User must submit a list specifying each of the breaching materials; (iii) Describe the exact location of the allegedly breaching material on the Website, by means or links (to URLs) or a direct link to such material or materials. The allegedly breaching material must be pinpointed for us to identify; (iv) Contact data, so that TB is able to contact the User. The information required includes, but may at time not be limited to name, address, telephone or mobile number and email address. The information the User sends shall be governed by the Privacy Policy; (v) A statement where the User, as the claimant of the alleged breach, represents in good faith and true belief that the User’s copyright or the copyright of the holder the User represents is being breached or that related rights are being infringed by material on the Website, and that such material is not licensed or authorized by the true holder of such rights, by such holder’s representative or agent, or by applicable law; (vi) A statement that the information disclosed in the User’s email is true, verifiable and accurate, and that, under penalty of perjury, the User has full authority to act on itself or in behalf of the holder of that copyright. The User must allow TB a reasonable amount of time for it to react to your email and make the required verification. The breaching party may present a counterclaim within the next fifteen (15) days of the notification of the alleged breach. In such case, the User will be notified of this situation, and this may open the possibility for the User to present an official legal claim at the appropriate venues determined by law. It is illegal to misrepresent ownership or copyright of any material. TB may engage in legal actions against individuals or entities which engage in such misrepresentation, without limiting TB’ rights to recover from any damages or costs it has endured as a result of such misrepresentation.
Use of the Website
By agreeing to the Agreement Terms, the User is agreeing that, when using the Website, it will follow these rules: (i) Do not use the website in any way that violates any applicable federal, state, local or international law or regulation; (ii) Do not engage in any activity that exploits, harms, or threatens to harm children; (iii) Do not send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security Numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit; (iv) Do not publicly display or use the Website to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity); (v) Do not engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Website to increase play count, or affect rankings, ratings, or comments) or libelous or defamatory; (vi) Do not circumvent any restrictions on access to or availability of the Website; (vii) Do not engage in activity that is harmful to the User, the Website or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others); (viii) Do not infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs); (ix) Do not engage in activity that violates the privacy or data protection rights of others; (x) Do not help others break these rules. If the User violates these above terms or any provision of this Agreement, TB and/or its Affiliates may, in their sole discretion, block the User’s access to the Website.
TB and/or its Affiliates may also block delivery of a communication (like email, file sharing or instant message) to or from the Website to enforce the Agreement or remove or refuse to publish the User’s Content or Content for any reason.
When investigating alleged violations of the Agreement, TB reserves the right to review User’s Content or Content to resolve the issue, and the User hereby authorizes such review. If TB reasonably suspects that the Website has been used for an unauthorized, illegal, or criminal purpose, the User gives TB express authorization to share information about the User with law enforcement.
Disclaimer of Warranties
TB, AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE WEBSITE. THE USER UNDERSTANDS THAT THE USE OF THE WEBSITE IS AT ITS OWN RISK AND THAT THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” NEITHER TB NOR ITS AFFILIATES GUARANTEE THE ACCURACY OR TIMELINESS OF THE WEBSITE. THE USER MAY HAVE CERTAIN RIGHTS UNDER ITS LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. THE USER ACKNOWLEDGES THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. TB AND ITS AFFILIATES DO NOT GUARANTEE THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR THEY GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM COMPUTER NETWORKS. TO THE EXTENT PERMITTED UNDER THE USER’S LOCAL LAW, TB AND ITS AFFILIATES EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
Limited Liability
If the User has any basis for recovering damages, to the extent permitted by the applicable law, the User agrees that its exclusive remedy is to recover from TB or any affiliates, directors, employees, agents, resellers, distributors, and vendors, direct damages. To the extent permitted by the applicable law, the User can’t recover any (i) consequential losses or damages; (ii) loss of actual or anticipated profits (whether direct or indirect); (iii) loss of actual or anticipated income (whether direct or indirect); (iv) loss of contract or business or other losses or damages arising from the User’s use of the Website in a non-personal capacity; (v) special, indirect, incidental or punitive losses or damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to the Agreement and the Website. TB and its Affiliates are not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond TB and its Affiliates’ reasonable control (such as labor disputes, acts of God, war or terrorist activity, pandemic, malicious damage, accidents or compliance with any applicable law or government order).
Social Media
The Website may include features that operate in conjunction with certain third-party social networking websites that the User may visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While the User’s use of the Social Network Features is governed by the Agreement, the User’s access and use of third-party social networking sites a is governed by the terms of service and other agreements posted on these sites. The User is responsible for ensuring that the use of those sites complies with any applicable terms of service or other agreements.
Third-Party Links
Third-party links on the Website may direct the User to third-party websites (“Third-Party Websites”) that are not affiliated with the TB Group. TB nor its Affiliates are responsible for examining or evaluating the content or accuracy of Third-Party Websites and do not warrant and will not have any liability or responsibility for any Third-Party Websites. TB and its Affiliates are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Websites. The User must review carefully the third-party’s policies and practices and make sure it understands them before it engages in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Websites or anything offered in them should be directed to the third-party.
Indemnification
The User agrees to defend, indemnify and hold harmless TB, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out or relating to: (i) User’s violation of the Agreement, (ii) User’s use of the Website; (iii) breach of any representation, warranty or covenant contained in the Agreement; and (iv) breach of any applicable law.
No Joint Liability
TB is the owner and operator of this Website. All representations, warranties, covenants, liabilities, and obligations regarding the Website under this Agreement are not joint, and only TB will be liable for any breach, default, liability, or other obligation regarding the Website. Maria Silvina Moschini will not be in any way liable or responsible to the User or any third-party for any loss or liability arising from, but not limited to, any act, default, omission, or misconduct related to or arising of the Website.
Notices
The User consents to receive electronically any communications related to the Agreement or the Website. TB or its Affiliates may communicate with the User by email or by posting notices on the Website. The User agrees that all agreements, notices, disclosures, and other communications that are provided to the User electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by the User shall be deemed delivered and effective when sent to the email address the User provided to TB. By creating a user account or otherwise providing TB with the User’s email address, postal address or phone number, The User is agreeing that TB, its Affiliates, or our agents may contact the User at that address or number in a manner consistent with our Privacy Policy. If the User wants to send a notice related to the Agreement or Website, please contact TB on the following link https://transparentbusiness.com/contact.html.
Advice of Counsel
Each Party acknowledges that, in executing this Agreement, it has had the opportunity to seek the advice of independent legal counsel and has read and understood all the terms and provisions of this Agreement. This Agreement may not be construed against any Party by reason of the drafting or preparation hereof.
Affiliates
“Affiliate” shall mean any entity which controls, which is controlled by, or which is under common control with a Party.
Amendments
This Agreement may only be modified or supplemented by an instrument executed in writing by an authorized representative of each party.
Assignment and Transfer
To the extent permitted by applicable law, TB may assign this Agreement or subcontract its obligations or sublicense its rights under the Agreement, in whole or in part, without the consent of the User. The User may not assign the Agreement or subcontract its obligations or sublicense its rights under the Agreement, in whole or in part, without the consent of TB.
Beneficiaries
The terms of this Agreement are solely for the benefit of the Parties. The terms of the Agreement are not for the benefit of any other person, except for each Party’s successors and assignees.
Claims Filing
Any claim related to the Agreement must be filed in the chosen Dispute Resolution Authority within one year of the date you could first file the claim unless your local law requires a longer time to file claims. If not filed within that time, then it is permanently barred.
Dispute Resolution
The Parties agree that if any dispute arises out of or in connection to this Agreement, the Parties shall first seek settlement of that dispute by mediation in accordance with the rules of the International Centre for Dispute Resolution under its Mediation Rules, which procedure is deemed to be incorporated by reference in this clause. If the dispute is not settled by mediation within 30 days of the appointment of the mediator, or such further period as the Parties shall agree in writing, the dispute shall be referred to and finally settled through binding arbitration by the International Centre for Dispute Resolution (the “Dispute Resolution Authority”) in accordance with its International Arbitration Rules. The number of appointed arbitrators shall be one in accordance with the said Rules of Arbitration. The seat, or legal place, of arbitration, shall be Reno, Nevada. The language to be used in the arbitral proceedings shall be in English.
Entire Agreement
This Terms and our Privacy Policy constitute the sole and entire Agreement between you and TB with respect to the Website and supersede all prior and contemporaneous understandings, terms of use, representations, and warranties, both written and oral, with respect to the Website.
Governing Law
This Agreement will be governed by and construed according to the laws of the State of Nevada, without regard for its conflicts of law principles that would require application of the laws of a different state.
Headings
Section headings are for reference only and have no legal effect.
Prevailing Language
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
Severability
All parts of this Agreement apply to the maximum extent permitted by relevant law. Should any provision of this Agreement be held by a court or arbitrator of competent jurisdiction to be enforceable only if modified, or if any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, such holding will not affect the other provisions of this Agreement. In such case, TB may replace the invalid provision with similar terms to the extent enforceable under the relevant law.
Waiver
The delay or failure of either Party to exercise any right under this Agreement will not constitute a waiver of such right unless such party has specifically waived such right in writing. Any such waiver of a right under this Agreement on one occasion will not constitute a waiver of any other right under this Agreement or of the same right on any other occasion.
LAST UPDATED: April 2021