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.
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.
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.
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.
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 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.
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.
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).
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 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.
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.
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.
“Affiliate” shall mean any entity which controls, which is controlled by, or which is under common control with a Party.
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.
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.
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.
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.
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.
Section headings are for reference only and have no legal effect.
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.
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.
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