Terms and Conditions of Use

By using Blaving.com (“Site”), a service provided by Pmovil Argentina SA and/or subsidiary companies, licensees, assigns and/or duly authorized agents (“Company”), you agree to comply with and be bound by the following terms and conditions (“Terms”), wether or not you become a registered User.

The Site is an area of interactions intended for both Internet and mobile phone users. The Site has been designed as a network in order to facilitate communication between users. Numerous tools and features allow you to interact through image, sound, writing and other communication channels. You may, for example, express your opinions, share them with other users, post pictures, follow the opinions of others and access advertising services, including those of alerts and announcements.

The Terms describe the principles governing the provision of services by the Company as well as User’s rights and obligations. The Company reserves the right to modify, remove, add, amend, extend or otherwise change the Terms at any time. The continued use of the Site constitutes your acceptance to such changes. If you do not agree to these Terms you have no right to access and/or obtain information from or otherwise continue using the Site. Accordingly, you are responsible for reviewing these Terms every sixty (60) days so that you will be apprised of any changes.

You own and are entirely responsible for all content that you post on the Site. You assume all risk and responsibility for determining whether any content that you post is in the public domain. Therefore, you agree to indemnify and hold harmless the Company against any liability that the company may suffer with respect to your posts. The Company reserves the right, in its sole discretion and/or at the demand of other users, to delete or edit any content that would violate or infringe in any way upon the rights of others.

The user acknowledges and agrees to the following terms of use:

Content Policy

  1. Intellectual Property

Notwithstanding any other provision set forth in these Terms, you agree that the content included on this Site and the applications and/or technology that enable navigation and/or posting of contents are the exclusive property of the Company (“Company’s IP”).

You may not modify, copy, adapt, reproduce, republish, sabotage or in any way exploit the content of the Site. Accordingly, you may not link or frame any publicly accessible websites or WAP sites provided by third parties to this Site.

You agree to respect all IP derived from the aesthetics or functionality of the Site and owned by the Company such as trademarks, logos, graphics, applications, programs, software, etc.

The Company’s IP is provided for non-commercial, personal use only. You may not use any of the Company’s IP for any other purpose without the Company’s prior written consent.

By letting you create a User account, the Company further accepts to grant you a limited license to access and use the Site for non-commercial purposes. The Company respects the IP rights of content owners. The Company reserves the right, in its sole discretion, at any time and without prior notice to terminate the license granted herein. If you infringe upon the Company’s and/or any third-parties intellectual property rights, the Company, in addition to temporarily or permanently suspending your User account, may demand payment for the damages incurred as a result of the breach by the User.

You agree not to upload or distribute any content from the Site on other websites and/or WAPsites and/or networks with the exception of your User Content. You further agree not to incorporate any of the Site’s information in a user databases.

Subject to your strict compliance with these Terms, the Company grants you this license provided that you do not use any data mining technology to extract data and/or associate information or otherwise use any content of this Site for commercial purposes.

  1. COPYRIGHT

You own your user account as well as all the content and information posted under your account and password. Your are solely responsible for all the content you post including any audio, text, images or any other proprietary information ("IP Content") that you submit, post and display on the Site. You can unsubscribe at any time, which will also block any text and/or image that might have previously been posted. However, you acknowledge that the Company may retain archived copies of your User Content in order to ensure content stability and availability on the Site. In addition, the Company may cooperate with administrative and judicial authorities and, when required by law, provide access to such authorities to the User Content processed by you.

By posting User Content to any part of the Site, you grant the Company a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide right and license to use, reproduce, modify, adapt, publish, translate, distribute any IP Content that you post on or in connection with the Site. Pursuant to this license, the Company may use your IP Content worldwide to facilitate a simpler widespread distribution of content to other Users. You own no rights or entitlement to any compensation as the owner of the distributed IP Content. The license also authorizes the Company to store your IP Content in as many backups as it considers necessary in order to provide the users with the required stability.

Any IP Content that you post on the Site becomes available to and allows other Users to comment, view, copy, reproduce, store and/or otherwise use your IP Content for personal purposes.

You represent and warrant to the Company and the other Users, who also have the right to grant the above license to the Company, that you will only post IP Content under your account and password.

The Company does not claim any ownership rights in any User Content that you post. You acknowledge that if you intend to set a higher protection level to your User Content, you shall, prior to posting, make the necessary registrations and notify the Company as well as the other Users about the content’s protection level. Notwithstanding the foregoing, the mere posting on the Site will allow the use of content in terms of this Section. Any compensation that you may claim for the use of a specific content in an area other than this site is oblivious to the use of that content on this Site. In any event, you acknowledge that the Company is under no obligation to collaborate with you in your claim to be paid for the use of the content in other areas than this Site.



Security Policy

You agree to collaborate with the Company to maintain the security of the site. Therefore, you agree not to engage in any of the following:

The Company reserves the right is to remove any content that it believes, in its sole discretion, violates these provisions. The Company is also entitled to terminate your User Account and to refuse your registration for a new User Account if you previously violated the Terms. In the event in which you consider the Company’s decision to have insufficient grounds, you can request a review of the decision, but you expressly acknowledge that the final decision relies on the Company, who is authorized, even without cause, to remove contents and terminate Users Accounts.



Complaints

As a User, you agree to notify the Company of any violation of Terms made by another User. To this end, you shall provide the Company with the necessary information to quickly locate the content in violation of the Terms. You (the complainant) shall include your full name, address, telephone number and email as well as an affidavit of good faith explaining to the Company why you consider there was a violation of the rights of others. You shall also include all the information you have in order to protect the affected User’s IP rights.

Claims and complaints can be presented by email to contacto@blaving.com, by phone at No. 54911 4854 2088 or by writing to Company’s address.

Use of services

The use of the services offered on the Site is free. Notwithstanding the above, the Company reserves the right to set a fee for some activities and/or services and/or content that may be offered and/or posted through this Site. In addition, The Company is entitled, in its sole discretion, to classify the content posted by Users and/or activities and make it available to members who specifically paid for a subscription and/or access to such services and/or activities.



The service fees may be charges by the Company at any time without prior notice to Users. Once the access fee is assessed for certain content and/or activity, you must, through the payment options available, pay in full the amount determined in order to gain access.

Regarding the current use of Services, you acknowledge that the Company is not responsible for any other charges levied by any third party company for the use of such service, including any amount paid by you to internet providers, wireless providers and/or providers of other services directly or indirectly linked to the provision of services on this Site.

The Company allows companies and/or individuals to use the Site for commercial purposes. In principle, such use is free. However, you (private user or firm, physical person or legal entity), agree and acknowledge that the company reserves the right to charge, in its sole discretion, applicable service-fees. The Company shall notify you of such fee at least forty-eight hours prior to commercial use and/or prior it establishes a general principle stating that use of the Site for commercial purposes is now subject to a predetermined fee.

Privacy Policy

The company designed a privacy policy to ensure the protection of your personal information. By accepting these Terms you also accept our privacy policy which reading is mandatory.

Termination of account

You and the Company have the right to terminate your account, unilaterally, at any time. Should you decide to terminate your account, you understand and agree that the company may retain archived copies of all User Content you posted during the time of your registration for as long as deemed necessary by the Company in order to preserve the stability of the Site as well as to present any information that may be required by judicial or administrative authorities.


In the event that the Company, in its sole discretion, decides to terminate your account, you will be notified by email and/or when trying to access the Site.


In all cases, the provisions on privacy and personal information management, licensing and content will remain in force for ten (10) additional years counting from the date of termination of your account.



Disputes

Any dispute arising between you and the Company will be heard before the court specialized in commercial litigation of the City of Buenos Aires, expressly waiving any other jurisdiction which might apply to people, territory or matter.

Under no circumstances shall the Company be liable for a dispute between you and a third party regarding your User Content. You agree to indemnify and hold harmless the Company from all claims for liabilities, losses and expenses, including reasonable attorneys' fees arising from such dispute.

Disclaimer

THE COMPANY IS COMMITED TO MAINTAIN THE HIGHEST QUALITY STANDARDS, ENSURE A HIGH LEVEL OF INTEGRITY, SECURITY AND PERFORMANCE AS WELL AS ERROR-FREE FUNCTIONS. THE SERVICE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, ERROR FREE, OR THAT THE SERVER THAT MAKES IT AVAILABLE OR LINKED THIRD PARTIES’ SITES ARE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES. THE COMPANY SHALL NOT BE LIABLE FOR ANY AND ALL ACTS, CONTENT, INFORMATION OR DATA ACCESSIBLE THROUGH A THIRD PARTY. YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES OF ANY KIND ARISING FROM OR RELATED TO A DISPUTE WITH OTHER USERS OR THIRD PARTIES. YOU ESPRESSLY AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SITE, APPLICATIONS AND FEATURES IS AT YOUR SOLE COST AND RISK.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, AND/OR THE INFORMATION OR CONTENT POSTED ON THE SITE. THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU TO THE COMPANY IN THE PAST TWELVE (12) MONTHS FOR THE SERVICES IN QUESTION OR FOUR HUNDRED ARGENTINE PESOS (AR$ 400) TOTAL. IF, FOR ANY REASON, THE ABOVE LIMITATION OF LIABILTIE IS CONSIDERED VOID BY OPERATION OF LAW, THEN THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.


FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO COMPUTER SYSTEM, HANDHELD DEVICE, OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR TO UTILIZE ANY SERVICES PROVIDED ON THE SITE. THE COMPANY SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO ANY DATA ON YOUR PERSONAL COMPUTER, MOBILE DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED TO STORE INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL THE COMPANY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Other Provisions


By choosing to access the Site from any location other than Argentina, you agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.


Similarly, you consent, at the Company’s sole discretion, to have your personal data and posted information transferred and processed in Argentina and/or in the Federal Republic of Brazil.



These Terms constitute the entire agreement between you and the Company. If any provision of these Terms shall be deemed invalid, void or for any reason unenforceable, the validity and enforceability of any remaining provisions shall continue in full force and effect.

The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

You agree to be, at all times, in full compliance of these terms unless you receive specific written permission by the Company.


You must not assign or dispose of any of your rights under these Terms. For its part, the Company has the right to assign any or all of its rights it enjoys as well as those derived the from above Terms.

Nothing in these Terms shall prevent the Company form complying with applicable laws. The Company shall have no liability or responsibility for any omission by any User or third party.

Confidentiality Policy.



To place your data at Blaving.com (the ¨Site¨), a service rendered by Pmovil Argentina S.A. and/or its subsidiaries, licencees, asignees and/or duly authorized firms (the ¨Firms¨) the User accepts that his data (¨Personal Data¨), receive the treatment described in this Confidentiality Policy (the ¨CP¨). A Site User is considered the person who has access to the same, whether as registered user or not.



If the User does not agree with the CP he must abstain from using it and/or in any oher way, having access to the Site, either to record his personal data or to spread his information, including opinions, coments and/or observations to other Users.



The Firm reserves for itself the right to modify, suppress, add, amend, enlarge and/or alter in any way the CP, with the frequency he may deem necessary. The use of the Site after implementing the changes by any of the Users represents the acceptance of the modifications carried out; in case of disagreement, the user shall have to abstain from using from using or having access and/or in any other way use the Site. The User obliges itself to read the CP every sixty (60) days for the purpose to learn about any modification that may have been introduced.

COOKIES



The Site, for a better administration and optimization of its functions, makes use of cookies, which are small data files generated in a computer, with the purpose to obtain information derived from different items of the User’s personal data. The User expressly accepts that, in case a navigator cannot be configured so that it may inform and reject the installation of the cookies sent through the Site, it shall mean the acceptance to the installation referred to. The Firm declares and warrantees that the rejectment of cookies does not prevent the User from having access to the contents and also the desactivation of the same does not affect the good performance of the Site.



DATA PROTECTION



The User accepts that for the utilization of the Site he shall provide some information of a personal nature. The Firm warranties that such information shall be used for the purpose already set forth. For merely explanatory reasons, the information that may be required includes the name, the name of the user, the e mail address, sex, date of birth, occupation, city and country of residence, including that information related to tastes and personal preferences. The User acknowledges and accepts that not all the information requested is absolutely necessary to participate in the Site but only that part of the information which is specifically informed about.



The user accepts and acknowledges that, as a principle, the Firm does not share the information furnished by the User, and it is neither disclosed nor merchandised, unless an authorization of the User is obtained, which is considered granted in the event of: i) judicial and/or administrative order, ii) when necessary for the protection of the Site’s and/or other User’s integrity.

The Firm shall not be liable for the disclosure of personal data made by Users in parts of the Site of public access, and for the use that other Users may make of that information. Likewise, the Firm shall not be liable for any data, whether personal or not, that a User publishes in his Site, which may be inaccurate, libelous, slanderous and/or defamatory. In all events, the User undertakes to be true and faithful at the moment of furnishing data, to spread genuine information when completing the necessary forms to register in the Site. The User acknowledges that he shall be the sole and exclusive liable person for any untrue or inaccurate disclosure of data and/or any misrepresentation, either inaccurate or false. The User shall be liable (and consequently shall compensate) for the damages sustained by the Firm or third parties, as a consequence of the data furnished.



The use of the Site, either as a registered User or not, is a commitment of the User to act responsibly and treat the administrators of the Site and other Users respectfully, doing acts that are not criminal, censurable or contrary to moral.



Third parties´ Sites



The User acknowledges that, either in his own name or through the Firm may share certain personal data with third parties (web pages, online stores, sponsors, polls, advertisers, contractors, partners and commercial services, hereinafter referred to as “Related Sites”). The information furnished to Related Sites shall be protected by confidentiality policies or terms stating the liability of such Related Sites; by virtue of this, it is suggested that the User read meticulously confidential policies of Related Sites.