TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) regulate the access and use, by the User (as defined below), of the website www.clyc.me (hereinafter, “The Website” or “Clyc.me”), as well as the contracting of products and services through it. The Website is owned by CLYC ME SPA, Chilean Society, hereinafter, the “Company”). Any person wishing to access and/or use the Website must abide by these Terms and Conditions, along with all other policies and principles that govern Clyc.me and that may be incorporated herein by reference. ANY PERSON THAT DOES NOT ACCEPT THESE TERMS AND CONDITIONS SHALL REFRAIN FROM USING THE WEB PAGE AND/OR ANY OTHER SERVICE OF THE COMPANY. The User must read, understand and accept all the conditions established in the Terms and Conditions and other documents incorporated to them by reference, prior to their registration as a User of Clyc.me.
1|Capacity: By means of the acceptance of these Terms and Conditions, the User declares: That he has read and understands what is stated in this instrument. That is a person with sufficient capacity to contract according to the legislation of their country, in order to give full validity, effectiveness and practical utility to each and every one of the stipulations of these Terms and Conditions. That assumes all the obligations set forth herein. The mere fact of navigation and/or use of the Website attributes to the person who makes it the condition of User thereof (hereinafter, “the” User “) and implies acceptance of these Terms and Conditions in each and every one of its parts. Consequently, the services of the Website, the persons who do not have the capacity to contract, the minors and/or those who have been suspended or disabled by the Company and/or CLYC ME SPA to use the Website may not use the services of the Website.
2|Modifications: The User must carefully and comprehensively read these Terms and Conditions each time he/she accesses the Website, since both can undergo modifications. The Company reserves the right to modify, at its sole discretion, the Terms and Conditions at any time, or to suspend, change or terminate the Service, which will be published on the Website. Any modification will be communicated with an advance of 5 (five) days after its entry into force. In case of not being in agreement with said modifications, the User must communicate via e-mail to firstname.lastname@example.org if he/she does not accept them; in that case the contractual link will be dissolved and will be disabled as User. Upon expiration of this term, the User will be deemed to accept the new Terms and Conditions, which will govern the contractual relationship from that moment. The Company reserves the right to make, at any time and without prior notice, any modification or update of its contents and services in general, as well as of all elements that integrate the design and configuration of the Website.
3|Conditions of Use: Access to the Website is free, except for the cost of the connection through the telecommunications network provided by the contracted access provider (ISP) by the User, which will be at your exclusive charge. As a general rule, access to the contents of the Website will not require the User’s registration. Notwithstanding this, the use of certain services will be conditioned to the previous registration of the User, who must complete all the fields of the registration form with valid data (hereinafter the “Registered User”). Anyone aspiring to become a Registered User must verify that the information they make available to Clyc.me in order to register on the Website is accurate, accurate and true (hereinafter the “Personal Data”); likewise, it will assume the commitment to update the Personal Data each time they are modified. The Company may use various means to identify Registered Users, but is not responsible for the accuracy of the Personal Data that its Registered Users make available to them. The Registered Users guarantee and respond, in any case, of the veracity, accuracy, validity and authenticity of the Personal Data made available to the Company.
4|Creator User and Collaborating User: The Registered User can register as a Creator User (hereinafter the “Creator User”), which is the one registered for the purpose of uploading, registering, entering and/or entering a project (hereinafter a “Project”), through the procedures, mechanisms and with full respect for the Particular Terms and Conditions for Creator Users (hereinafter the “Particular Terms and Conditions for Creator Users”), available in Terms and Conditions, that are applicable by the contractual relationship that each Creative User celebrates with Clyc.me, and that will be published on the website. Likewise, the Registered User may register as a Collaborating User (hereinafter the “Collaborating User”), which is the one registered to be enabled and have the possibility of making contributions (hereinafter the “Contributions”), following the means and/or collection Mechanisms that Clyc.me defines, to approved and published Projects, for which purpose it must accept the Particular Terms and Conditions for Collaborating Users (hereinafter the Particular Terms and Conditions for Collaborating Users available in Terms and Conditions). The Terms and Conditions will be applicable both to Users and Registered Users, however, the relationship with the latter will be governed in particular by the Particular Terms and Conditions that are applicable to them.
5|Obligation to keep Personal Data up-to-date: Personal Data entered by all Registered Users on the Website, must be accurate, current and true at all times. The Company reserves the right to request any voucher and/or any other additional data in order to corroborate the Personal Data, and to temporarily and/or permanently suspend those Registered Users whose data could not be confirmed. The withdrawal or disqualification of a Registered User will imply the withdrawal of all the projects that he has published, without generating any right to compensation or compensation.
6|Access to the personal account and obligation of confidentiality of the Security Code: To become a Registered User, the User will have access to a personal account (“Account”) by entering a personal email account, his/her name and surname and password of personal security chosen (“Security Code”). This Security Code is personal and non-transferable. The Registered User undertakes to keep his Security Code strictly confidential. The Registered User will be, in any case, responsible for any damage, prejudice, injury or detriment that the breach of this confidentiality obligation is generated by any cause. The Registered User will be responsible for all the operations carried out from his Account, since access to it is restricted to the entry and use of his Security Code, of exclusive knowledge of the User and whose confidentiality is his exclusive responsibility. The Registered User agrees to notify the Company, immediately and by suitable means, reliable, efficient and effective, any unauthorized use of your Account, as well as the entry by unauthorized third parties to it. The sale, assignment, transfer or transmission of the Account under any title, whether onerous or free of charge, is prohibited. The Company reserves the right to reject any application for registration or to cancel a previously accepted registration, when in its sole discretion it considers that it has not complied with all the guidelines established in the Terms and Conditions or in the Terms and Particular Conditions for Creator Users and/or for Collaborating Users, without being obliged to communicate or explain the reasons for their decision and without generating any right to compensation or compensation in favor of the Registered User reached by said decision.
7|General rules of use of the Website: The services offered on the Website are directed exclusively to people over 18 years old. The User and/or the Registered User, declares and guarantees that he is of legal age to formalize a binding contract, fully valid and effective, and that all the registration information he presents is accurate, truthful and up-to-date. The Company reserves the right to terminate the Account of those Registered Users, whose age of majority is doubtful. The User and/or the Registered User undertakes to use the Website and all its content and services in accordance with the provisions of law, morals and public order. Likewise, it is obliged to make an appropriate use of the services and/or contents of the Website and not to use them to carry out illicit or criminal activities, which violate the rights of third parties and/or that infringe the regulation on intellectual property, industrial property, or any other rules of the legal system that may be applicable and, in particular, the principle of good faith that requires to act loyally, correctly and honestly in the preliminary treatment, conclusion and execution of any contract. As a result of the foregoing, the User is obliged not to disseminate, transmit, introduce and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc. .) that are contrary to the law, morality or public order. By way of mere enunciation, and in no case limiting, restrictive or excluding, the User and/or the Registered User, commits to: (a) Not to introduce or disseminate content or propaganda of a racist, xenophobic or, in general, discriminatory, pornographic, apology of terrorism or that threaten, violate or may infringe or violate human rights. (b) Do not introduce or disseminate on the network data programs (viruses and/or harmful software) that may cause damage to the computer systems of Clyc.me, its suppliers, third parties or, in general, any user of the Internet network. (c) Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties. (d) Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising. (e) Not transmit unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramidal structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it through an express communication of the, communicated due and timely on the Website. (f) Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information. (g) Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the Company or to third parties. (h) Not to spread, transmit or make available to third parties any type of information, element or content that supposes a violation of the secrecy of the communications and the legislation of personal data and, in general, all the legal norms that regulate the protection and promotion of respect for privacy and privacy of individuals and their families. The User and/or the Registered User agrees to indemnify the Company against any possible claim, fine, penalty, penalty or compensation that may be obliged to bear as a result of a breach by the User of any of the rules above mentioned use, reserving, in addition, the Company the right to request compensation for damages that correspond. Likewise, the Company reserves the right to cancel the Account of those Registered Users that make inappropriate use of the Website or do not respect the observations and prohibitions provided by these Terms and Conditions, and the Particular Terms and Conditions that may be applicable in each case.
8|Company Responsibility: The Company, through the Website, only makes available to Users a virtual space that allows Creator Users to make their Projects available to Collaborating Users through the internet: (a) The Company does not assume no responsibility for the updating of the Website, especially regarding the content or information, nor does it guarantee that the published information contained in the Website is accurate or complete. Therefore, each User will be responsible for confirming that the information published on the Website is accurate and complete before making any decision related to any service or content described therein. (b) The User’s access to the Website does not imply any obligation for the Company to inform, control or act on the absence or presence of viruses, worms or any other harmful computer element. The Users can not impute any liability to the Company or demand compensation for any reason, for the damages resulting from technical difficulties or failures in the systems or on the Internet. (c) The Company does not guarantee access to and continuous and uninterrupted use of the Website. The Website may not be available due to technical difficulties or internet failures, or due to any other circumstance not attributable to the Company; in such cases, efforts will be made to restore it as quickly as possible without incurring any responsibility whatsoever. The Company will not be responsible for any error or omission contained in the Website. (d) It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs. (e) The Company is not responsible for any damages or losses of any kind caused to the User due to failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Website’s service during the provision thereof. or with prior character. (f) The Company is not responsible for the actions of the Creator Users who upload their Projects on the Website. The Company does not intervene in the characteristics stipulated for them, therefore they will not be responsible for the existence, quality, quantity, availability, status, integrity, legitimacy or delivery conditions of the Rewards offered, as well as the capacity to hire from the Creator Users or the veracity of the Personal Data entered by them. The User Creator knows and accepts to be the exclusive responsible for the Projects that it publishes and that there is no restriction and / or that it has the necessary authorizations for its publication. The User knows and accepts that when carrying out operations with other Users or third parties he does so at his own risk. In no case shall the Company be liable for lost profits, or for any other damage and / or damage suffered by the User, due to the Projects published through Clyc.me. Given that the Website is a means for the encounter between Creator Users and Collaborating Users, the Creator User will be responsible for all tax obligations and tax charges that correspond to their Project and the Rewards offered, without the Company being liable for any type of of responsibility for breaches in this regard. The Company reserves the right to cancel Promoted Projects through the Website without prior notice and for any reason, when in its sole discretion it considers that it has not complied with all the guidelines established in the Terms and Conditions or in the Particular Terms and Conditions for Creator Users and/or Collaborating Users that may be applicable in each case.
9|Contents and services linked through the Website: The access service to the Website may include technical link devices, directories and even search tools that allow the User to access other Internet sites and portals (hereinafter, “Linked Sites”). In these cases, the Company will only be responsible for the contents and services provided in the Linked Sites to the extent that they have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, he/she may communicate it to the Company, without this communication entailing the obligation of the Company to withdraw the corresponding link. In any case, the existence of Linked Sites must presuppose the formalization of agreements or association with those responsible or owners thereof, or the recommendation, promotion or identification of Clyc.me, with the demonstrations, content or services provided by such sites. The Company does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages produced.
10|Intellectual and industrial property: All the contents of the Web Page, understood by them, as merely enunciative and not restrictive, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes are the intellectual property of the Company or of third parties, without which any of the exploitation rights recognized by the current regulations regarding intellectual property over them may be understood to be assigned to the User. Likewise, the brands, trade names or distinctive signs are property of the Company or third parties, without it being understood that access to the Website attributes any right over them. The User Creator declares and guarantees that the projects he/she publishes on Clyc.me will be original, created by himself and that in no way will be copies or reproductions that violate intellectual property rights of third parties. The Company may cancel the Accounts of those Registered Users that infringe any intellectual property rights of third parties. The Company will eliminate the materials constituting any infringement in accordance with current intellectual and industrial property regulations if becomes aware of such circumstance. The Company will not own any property rights over the content of the projects published by the Creator Users on the Website. However, the Creator User grants the Company a free and non-exclusive license for the entire world territory and for the maximum legal period of protection, by virtue of which they may: publicly communicate, reproduce, distribute and transform the content of the project to be able to perform the service. Any interference, attempt or activity that violates or contravenes the laws on intellectual property rights and/or the prohibitions stipulated in this contract will make the responsible party liable for the pertinent legal actions, and the sanctions provided, as well as responsible to indemnify the damages caused.
11|Sanctions: Without prejudice to other measures, the Company may warn, temporarily suspend or permanently disable the account of a Registered User, initiate the actions that they deem pertinent and/or suspend the rendering of their services, if; (a) breach any law or any of the stipulations of the Terms and Conditions, other policies of Clyc.me and/or the Particular Terms and Conditions for Creator Users and/or Collaborating Users; (b) breaches its obligations as a Registered User; (c) the identity of the Registered User can not be verified or any information provided by the same is erroneous; or, (d) if it is incurred at the discretion of Clyc.me, in conduct of fraudulent acts. In the case of suspension or disqualification of a User Creator, all of its Projects will be removed from the Website.
12|Indemnity: The User shall indemnify and hold harmless the Company, its subsidiaries, controlled companies and/or controllers, managing directors, representatives and employees, for any claim or demand from other Users or third parties for their activities on the Website or by the breach of the Terms and Conditions, of the other policies that are understood to be incorporated into this instrument and/or the Particular Terms and Conditions for Creator Users and/or Collaborating Users, including attorneys’ fees and legal taxes.
13|Nullity and ineffectiveness of the clauses: If any clause included in the Terms and Conditions was declared totally or partially, null or ineffective in any of the jurisdictions in which the Company is present, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting the Terms and Conditions in everything else, considering such provision totally or partially not included or applicable in that jurisdiction.
14|Privacy of information: To use the Services offered by Clyc.me, Users wishing to become Registered Users, are obliged to provide certain personal data by giving their consent for the use of the website. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and physical and technological protection. For more information about the privacy of the Personal Data and cases in which the personal information will be revealed, you can consult our Privacy Policies.
15|Scope of services of Clyc.me: The Company, through the Website, will be responsible for giving visibility to the Projects that have previously been accepted, as well as to collect, channel and/or receive the economic contributions made by the Contributing Users for the achievement of those, allowing the entry of any amount, without maximum limit, and under any currency of legal course. The Company will communicate, in due time (that is, with a minimum advance notice of 5 days), if it accepts another means of payment, such as the use of cryptocurrencies, cryptocurrency or cryptoactives. The collection of the described service amounts to 13% (thirteen percent) for each deposit made by the Collaborating User to the Creator User. The Company will charge for its services each time a donation and/or contribution is made. Only in this case, that is, when the effective donation and/or contribution occurs, will the payment obligation to the Company, through a bank transfer to the Account Number defined by the Company, arise within 72 hours after the correct receipt of the donated and/or contributed amount. In case of using a financial intermediary, established by The Company, which will accrue the corresponding payment to The Company, having this service an indicative cost of 3.59% + VAT of the amount transferred, in this case the payment will be made prior to the receipt of the amount donated or contributed. The Company will decide and communicate as appropriate the procedure and means of payment that the Creator User will follow. The Users acknowledge and accept that the Company is not a party to any operation, nor does it have any control over the quality, security or legality of the published projects and the veracity or accuracy of their characteristics. The Company can not assure that a Creator User will complete the published project nor will it be able to verify the identity or Personal Data entered by the registered Users. The Company does not guarantee the veracity of third-party advertising that appears on the site and will not be responsible for correspondence and/or contracts entered into by the User with said third parties or with other Users. Regarding the term and amount collected: The Company reserves the right to define the term of collection of the Projects, to interrupt them, to extend them and to conclude them previously, as well as to determine the minimum and/or maximum amount to be collected.
16|Of the Reportability: The User Creator must report to the Company, through the enabled channels and on the frequency that the Company determines, the status of the financing Project, as well as the status of execution of the same and the destination of any donation and/or contribution received, whether or not they have arrived through Clyc.me. The Company reserves the power to terminate the collection if the agreed collection goal has been reached and/or any of the established norms have been breached.
17|Of the Donations: The User Creator is committed and obligated to comply with all the tax obligations that become obligatory for the reception of donations. Whether or not these are received through Clyc.me. That is, donations must be backed up by the corresponding Certificates, previously authorized by the Internal Revenue Service of Chile. Neither the Company nor the financial intermediary respond to this breach of this requirement, likewise, the Company reserves the right to cancel the accounts that do not comply with this requirement, without prior notice.
18|Permission to process personal data: The information granted by the Registered Users will be used in order to provide the requested service and perform billing. The data and information you provide is subject to your instructions and to applicable data protection and data privacy laws and regulations. If and to the extent that any such law or regulation, such as the EU General Data Protection Regulation (“GPDR”), applies, The Company will abide by those applicable laws and regulations in processing of personal data in the course of the commercial relationship. The Company may from time to time send you information which the Firm thinks might be of interest to you, If you do not wish to receive that information, please notify us by email at email@example.com. The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain confirmation about whether The Company and/or The Website is treating your personal data. Therefore, and following the legislation in force, every Registered User has the absolute right of Access, Rectification, Cancellation, Opposition, Limitation and Portability of their personal data. The Company shall make available to Users sufficient channels to exercise these rights.
19|Frequently asked questions (FAQS): The answers to frequently asked questions related to the participation of the Creator Users and/or the Collaborating Users constitute a generic description that only has general information purposes. The answers to the frequently asked questions do not refer to all possible legal, tax, exchange consequences related to the participation of the Creator Users and/or Collaborating Users in a Project. The answers to the frequently asked questions do not imply in any case legal or tax advice from Clyc.me and/or the Company. These Terms and Conditions as well as the Particular Terms and Conditions that are applicable as the case may be, will always prevail over the content of the information related to Frequently Asked Questions.
20|Disputes: Any difficulty or controversy that may arise regarding the application, interpretation, duration, validity or execution of these General Conditions, or any other reason will be submitted to mediation, in accordance with the Mediation Procedure Rules of the Arbitration and Mediation Center valid at the moment of requesting it. In the event that the mediation does not succeed, the difficulty or controversy will be resolved by arbitration in accordance with the Arbitration Rules of the same Center, which is in force at the time of request.