TERMS AND CONDITIONS OF USE OF THE WEBSITE

TERMS AND CONDITIONS OF USE OF THE WEBSITE

 

SCOPE.

 

VICUÑA Corp. and its affiliated companies (hereinafter referred to as "VICUÑA") has created, owns and operates this website (hereinafter referred to as the "Website"). The Website allows you (hereinafter referred to as the "User" or "Users" in the plural) to engage in a variety of activities, such as seeking information and/or research about VICUÑA, its activities, works and related services, sharing information with VICUÑA and/or third parties, posting comments, blogging, providing reviews, voting on potential features, and participating in conversations and activities related to VICUÑA's business. The Website also includes or will include information created and published by VICUÑA (hereinafter "VICUÑA Materials") and/or third parties ("Third Party Content" ), such as text, images, photographs, graphics, audio and video, data, code and software (together, VICUÑA Materials and Third Party Content are referred to as "Content").

 

ACCEPTANCE OF THE CONDITIONS.

 

Your access to and use of the VICUÑA Website is subject to and governed by these Terms and Conditions (hereinafter referred to as "T&C"), including any disclaimers, legal notices, agreements or additional or different terms and conditions that may apply to your use of or access to this Website or other VICUÑA websites, or Content. These T&Cs form a legally binding agreement between the User and VICUÑA. By clicking the "I Agree" button as part of a registration process, or by demonstrating your consent to these T&Cs through a process established by VICUÑA, you agree to abide by the terms of these T&Cs. If you do not agree to these T&Cs, you should not click the "I Accept" button (or equivalent) or attempt to access or use any VICUÑA, Content website.

 

VICUÑA reserves the right at any time to modify the T&Cs to reflect changes in VICUÑA's business, applicable law or for other reasons VICUÑA deems necessary. If the T&Cs change, VICUÑA will provide notice, which may include, but is not limited to, notice provided through the Website or other VICUÑA websites. If you do not agree with the changes made to the T&Cs, you are advised to discontinue use of the Website and the Content.

 

VICUÑA USER CONTENT/LICENSE.

 

All contents of the Website, including but not limited to text, designs, graphics, logos and downloadable documents, are the property of VICUÑA or authorized third parties, and are protected by current intellectual property legislation. The copying, reproduction, distribution, modification, republication or use of the content without the express authorization of VICUÑA is prohibited.

 

By posting, transmitting or uploading any content, including articles, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, comment, idea or posting in any forum, wiki or blog on the Website and/or any VICUÑA, the User grants VICUÑA a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, worldwide, fully royalty-free license to use the Third Party Content without restriction of any kind and without any payment or other consideration of any kind, or permission or notice, to you or any third party. This license includes, without limitation, the irrevocable right (subject to mandatory data protection requirements) to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the Third Party Content to others, to make, make, offer to sell, sell, lease or distribute any Third Party Content or product; and to practice any method, incorporating such Third Party Content (including the right to sublicense any of the foregoing).

 

By accepting these T&Cs, you represent and warrant to VICUÑA that you have the right, title and/or authority to grant such license to VICUÑA. VICUÑA may choose not to post or publish the Third Party Content you submit. If VICUÑA elects to post your Third Party Content, VICUÑA may, in its sole discretion, remove the Third Party Content posted for any reason and without notice, even if VICUÑA has previously indicated to you that VICUÑA may post the Third Party Content you have submitted.

 

You acknowledge and agree that the relationship between you and VICUÑA is not a confidential, fiduciary or special relationship. VICUÑA shall have the right, but not the obligation, to use your name, image, biography and other information about you that you have provided in connection with any use of the Third Party content you submit, and VICUÑA may continue to use this information after any termination of your account or your access to the Web site in order to identify the source of the Third Party content you previously submitted.

 

PERMITTED USE OF THE WEBSITE AND CONTENT.

 

The Web Site, VICUÑA Materials and Third Party Content may be downloaded, stored and displayed on your computer or other electronic device solely for viewing, listening to, reproducing and printing the Content; provided that: (a) VICUÑA Materials and Third Party Content may only be used for informational, non-commercial purposes and shall not be copied or posted on any computer network, or published, transmitted or distributed in any manner or medium.

 

You may not use the Website or other VICUÑA websites in any manner that could damage, disable, overburden, or impair any VICUÑA server, or the network(s) connected to any VICUÑA server, or interfere with any other party's use and enjoyment of the Website and/or any VICUÑA website. You may not attempt to gain unauthorized access to the Website or any VICUÑA website, other accounts, computer systems or networks connected to any VICUÑA server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and/or VICUÑA's websites.

 

You agree not to use the Website and VICUÑA's websites for, , the following cases:

 

-Post, upload, post, email, transmit or otherwise make available any Content (a) you do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable; (c) infringes any intellectual property right of any party, (d) includes unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spam, chain letters or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;

 

-Defame, harass, abuse, stalk, threaten or violate the legal rights of others, such as rights of privacy and publicity or business integrity;

 

-Simplying any person or entity, including, but not limited to, an officer of VICUÑA, an employee of VICUÑA or any other third party, or falsely stating or misrepresenting Your affiliation with a person or entity;

 

Falsifying e-mail headers or manipulating identifiers to hide the origin of any content transmitted through the Website and/or VICUÑA's websites;

 

-Download any file or Content, whether or not posted by another User that you know, or reasonably should know, must not be lawfully reproduced, displayed, performed or distributed in such manner;

 

-Interfering with or disrupting the servers or networks that support the Website and/or VICUÑA's websites, or disobeying the requirements, procedures, policies or regulations of the networks connected to the Website and/or VICUÑA's websites;

 

-Violate any applicable local, state, national or international laws and regulations;

 

-Collect, collect or store information or personal data of other Users.

 

 TERMINATION OF USE.

 

VICUÑA may, in its sole discretion, at any time discontinue providing or limit access to the Web Site and/or other VICUÑA websites, any area thereof, or any Content. You agree that VICUÑA may, in its sole discretion, at any time terminate or limit your access to or use of the Website and/or any of VICUÑA's websites or any Content. In the event that you seriously violate the T&Cs, VICUÑA may, in its sole discretion, suspend or terminate your account, remove your Content from the Website and deny you any and all current or future use of any other VICUÑA website without notice. VICUÑA shall not be liable to you or any third party for any such suspension or termination.

 

NO LIABILITY FOR THIRD PARTY CONTENT.

 

All Third Party Content, whether your own or not, posted by you on the Website, including a public or non-public forum, is at your own risk, and VICUÑA assumes no responsibility for the use or misuse of any information uploaded to the Website being the sole responsibility of the User.

 

INFORMATION, PRIVACY AND DATA PROTECTION.

 

By providing VICUÑA with personal data, you expressly agree that VICUÑA may collect, use, store and process your personal data in order to provide you with access to the Web Site, activities and related communications in which you agree to participate.

 

You understand and agree that VICUÑA collects, uses, stores and processes your personal information and usage data and may share such data with third party service providers for the purpose of improving or providing VICUÑA's websites subject to VICUÑA's Privacy Statement.

 

You agree to abide by the terms of VICUÑA's privacy statement, which can be found by clicking on the 'privacy' link at the bottom of the Web Site.

 

INTELLECTUAL PROPERTY RIGHTS.

 

As used herein, "Intellectual Property Rights" means the following rights: patents of any kind, design rights, utility models or other similar rights of invention, copyrights, trademarks, service marks, trade secrets or rights of confidentiality, web design, industrial designs, and any other intangible property rights, including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued or acquired.

 

All Intellectual Property Rights in the Website and/or the VICUÑA websites, and the Content, belong to VICUÑA or the person or entity that submitted it. Nothing in these T&Cs shall be deemed to grant you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from the Website and/or VICUÑA's websites, Content, for any reason whatsoever, unless expressly permitted by the T&Cs or by law.

 

LIABILITY FOR CONTENT AND LINKS.

 

VICUÑA may remove at any time without notice any Content posted on the Website and/or VICUÑA's websites at its sole discretion. The Website and/or VICUÑA's websites may contain links to external websites. VICUÑA shall not be responsible for the contents of any linked website, nor for any changes or updates to such websites. Further, VICUÑA shall not be directly or indirectly liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any software, content, goods or services available on or through any such linked website. VICUÑA does not control or review linked websites and information provided by third parties.

 

INDEMNIFICATION.

 

You as a User agree to indemnify and hold VICUÑA, its affiliates, subsidiaries, officers, agents, partners, employees and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to the Content and/or your misuse and/or improper use. The breach of these T&C, and/or any additional legal terms and/or VICUÑA's privacy statement, the unauthorized use of any Content and/or Intellectual Property Rights or its alleged violation of any other right of a third party, shall entitle VICUÑA to demand compensation from the User.

 

LIMITATION OF LIABILITY.

 

VICUÑA shall not be liable in any way for any Content posted on or linked from the Website , including, without limitation, any errors or omissions in the Content, or for any loss or damage of any kind incurred as a result of the use of any Content or other material accessed on or through the Website and made available by a third party.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VICUÑA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VICUÑA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OF OR INABILITY TO USE A VICUÑA WEBSITE, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS, MESSAGES OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE OR CONTENT. NOTWITHSTANDING THE FOREGOING, IN THESE TYC, THESE LIMITATIONS SHALL NOT APPLY IN THE CASE OF VICUÑA'S INTENT OR GROSS NEGLIGENCE AND IN THE CASE OF VICUÑA'S LEGAL LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.

 

WAIVER AND SEVERABILITY.

 

The failure of VICUÑA to exercise or enforce any right or provision of these TAC shall not constitute a waiver of such right or provision. To the extent that any provision of these TAC is determined to be invalid or unenforceable, such provision shall be modified in such manner as to render these TAC as modified legal and enforceable under applicable law and the remaining provisions of these TAC shall not be affected thereby.

 

IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE COUNTRY FROM WHICH YOU ARE ACCESSING THE WEB SITE.

 

JURISDICTION AND COMPETENCE.

 

For all purposes of these TAC, the User and VICUÑA agree to submit to the jurisdiction of the Ordinary Courts of the City of Buenos Aires, excluding any other jurisdiction that may correspond.

 

Last updated May 30, 2025.
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