Demarcas.com

Warning

Please read the following terms and conditions before accessing the Internet site identified with the URL// DEMARCAS.COM or its ccTLDs. By accessing the aforementioned site, you will implicitly be accepting the clauses that follow. Should you not be in agreement with them, you are requested to exit the site without using its services or content.

Definitions

a) For the purpose of this agreement, the "site" shall be understood as the web page and its services and content, which may be accessed at the following URL: http://www.demarcas.com or its corresponding ccTLDs.
b) The "company" shall be understood as Demarcas CV, a Dutch Limited Partnership, as well as any company related thereto, either directly or indirectly.
c) The "user" shall mean any person, individual or corporation, who may access the site, either to use its services or consult its content.

Conditions and Terms of Use

1) By entering the site, the user explicitly agrees to the Terms and Conditions that are listed below, which may be modified and/or revised by the company from time to time without any previous notice to the user. Such modifications shall be effective as of the time of their publication on the site.
2) By accessing the site, the user shall have the authorization to use the services and content of the site limited to the terms and conditions described herein, and shall not have any property right over them.

Property of the site and its intangibles

3) The site is the property of and is operated by the company. All the technology used for the functioning of the site is the property of or has been developed according to the specifications of the company. Therefore, its use without the due authorization of the company shall be deemed as a violation of its exclusive rights over same, whether it be as owner or authorized user of same.
4) The DEMARCAS Trademark and Design, as well as the Domain Names that include the word DEMARCAS, whether on a second or third level (gTLD and ccTLD), are intangibles property of the company and may therefore be used exclusively by the company. To this effect, any use of these intangibles on behalf of any third party must be expressly authorized in writing by the company. Otherwise, such use shall be considered a violation of the aforementioned legal rights of the company, which may choose to initiate the corresponding legal rights.
5) All the images, graphics and any other creative work contained in this site are the property of the company, which holds the moral and explotation rights that are inherent to the corresponding Copyrights. Likewise, the company is the owner of the whole content used in the site, as well as the codes used for the corresponding programming thereof (HTML, CGI, among others).
6) The user may not infer any right of license to any element contained in the site, such as trademarks, software, search engines, among others. And should the user wish to acquire any kind of license, other than the ones described herein,they must be negotiated directly and in writing with the company.

The search engine

7) The search engine used in the site and which is the property of the company has been developed using general principles of trademark similarity and principles of phonetics. In any event, these principles may vary depending on the country, local trademark offices and the subjective criteria of the particular trademark examiners. In consequence, the results of the search will not guarantee the registration or final granting of a trademark.
8) The user understands and thus expressly accepts that the trademark search offered in the site is merely referential and has no legal incidence whatsoever. Therefore, the results of the search may not be assumed by the user to take commercial decisions.
9) The company does not guarantee the total updating of the databases used for the trademark searches of the site. Under these conditions, the user expressly holds the company harmless of any responsibility that may be held against it based on this fact.
10) The user expressly accepts and understands that the term "REGISTER A TRADEMARK", as used in the site to allow the user to order one or more trademarks, means that the trademark application will begin the formalities to obtain the registration thereof, which, depending on its own development, may result in the granting or denial of the application on behalf of the corresponding Official Organism. Thus, the term "REGISTER A TRADEMARK" does not imply any result whatsoever that guarantees the granting or registration thereof, but only the initiation of the process of the trademark application, once the required payment has been made. Likewise, each country may require certain conditions and specific documentation, as may be established in the internal laws and policies.
11) The user expressly agrees that the company will not be responsible for the denial of any trademark application requested through the site as a result of a decision issued by the Official Organism in charge of trademark registrations in the country in which such a registration was applied for.

Limited scope of services

12) The company will only offer the user assistance in the area of trademark services that imply a mere administrative formality, whether by means of information, search engines, trademark application filing services. The company will not render services that imply the presence of an attorney. The company, on behalf of the user, or the user may contract such services directly, should they be required. Consequently, the user expressly agrees that the company will not have any professional responsibility whatsoever for the services that may arise from the formalities ordered through the site. Thus, the user expressly agrees that the company is not an Office that offers legal and/or professional services, and is therefore exempt of any responsibilities inherent thereto.
13) Only an attorney who is qualified in accordance with the requirements of the country in which a specific legal service is desired may give legal advice. The user agrees that the services and content of the site do not constitute a substitute for legal services or advice.

Force Majeure

14) The company shall not be considered to be in default of its services in the cases in which any delay in the fulfillment thereof are caused or are a consequence of force majeure events. That is, those that due to their nature are out of the control of the company, such as (and only to name a few): - Technical problems. - Dissemination of viruses on the net that causes service disruption. - Legal disputes with third parties that may cause disruption in the regular services of the company due to judicial orders. - Natural disasters (earthquakes, floods, etc.). - Civil revolts, coups, wars, national state of emergency.

Content policies and prices

15) The fees and taxes published in the site may be modified by the company at any time and without prior notice to the users. In any event, the fees and costs in force at the time the user submitted the trademark application order to the site will be acknowledged.
16) The company reserves the right to change the content of the site at any moment and without prior notice, as well as restricting access to certain services within the same. Likewise, at its own discretion, the company reserves the right to suspend its services to a particular user, in case it determines that the latter has violated the conditions of use of the site.
17) All users agree to indemnify and release the company, its employees, Directors and Officers of any kind of responsibility due to any violation of the terms contained in this agreement by the user, including but not limited to the legal expenses that may arise from any defense against a claim related to the violation of the terms herein.

Liability limitation

18) The company does not guarantee the exactness of the site. Said content is published as is, and any guarantee, either express or implicit, is limited. The company does not assume responsibility whatsoever for any errors, omissions, viruses or any other type of errors related to the site's content.
19) The site may contain links to third parties' Internet pages, over which the company has no control whatsoever, be it regarding their content, programming, security, integrity, among others. Likewise, the company does not sponsor or guarantee the services that may be offered by third parties, whether they are individuals or companies, that may be accessed directly or indirectly through the aforementioned links.
20) The company is only a facilitator of formalities before public administration (mainly national Trademark Offices). It is not, however, a representative of the user before third parties who allege that said formalities violate their rights. In this last case, either the company or the user himself will hire a qualified person for this purpose.
21) The administrative formalities referred to in the foregoing clause will be initiated by the company based on the information provided by the user, which will be processed by the company as it was provided. The company will not be responsible nor will it guarantee that said information does not infringe the rights of third parties.
22) As the provider of the required information in order to begin the trademark services offered by the site, the user will be solely responsible for the content and scope of such information, as well as of the possible damages such information may cause to third parties. To this effect, the user expressly agrees that the company, its directors and employees will be held harmlessof any damage that may occur as a result of said information.

Information provided by the user

23) The user guarantees that the information to be provided to the site for the purpose of using the services offered in the site is neither false, misleading, inexact nor does it infringe upon the rights of third parties, and in particular on the rights of intangibles of third parties. Should any of these be the case, the company reserves its legal rights for the damages that this kind of information may cause, be it to the company itself or to third parties.
24) In case the information provided by the user is false, inexact, misleading or infringes upon the rights of third parties, among others, the company reserves and the user accepts, the right to process or not such an order or, in case it was in fact processed, to cease its process at any moment and instance, whereby the latter must be expressly notified to the user.

Documentation to be provided by the user

25) Depending on the laws and internal policies of a particular country, it may be necessary to obtain certain documents, which must be signed or provided by the user, among others, and only to name a few: Power of Attorney; documents related to the individual/company applying for the trademark(s); documents related to the individual or person applying for the trademark; documents that prove the legal capacity of the person signing the trademark application, whether in his own name or in that of a company.
26) The documents referred to in the foregoing clause must be provided upon request and within the deadlines pointed out by the company. Otherwise, the trademark application could be declared as abandoned without the company being in any way responsible and the user agrees hereto expressly.
27) Within the terms and conditions described herein, a limited mandate to the company is implicitly established so that, in the name of the user,it may proceed with the administrative formalities concerning the filing and follow up of the trademark application and/or registration procedure. In any event, in certain cases, this mandate must be expressly recorded by the user in a signed document, whereby the user must grant it in conformity with the required formalities and deadlines.

Data privacy policy

28) In virtue of the nature of the services offered by the site, the data of the user must be kept by the company, allowing the rendering of the service itself, as well as the invoicing thereof. Among others and to name a few, the user must provide information about the trademark(s), product(s) and/or service(s) of interest, name and address of the Person, whether juridical or an individual, holder of the trademark(s), as well as the complete information regarding the user, who shall be the one to be billed for this service and who shall receive the correspondence related to the service requested.
29) The user is aware and expressly accepts that the information regarding the trademarks, services or products of interest and the information pertaining to the holder of the trademark will be made public as of the moment that same is filed before the national trademark Office.
30) The company shall keep all information confidential that is not of a public nature. For this purpose, all such information includes that which the general public would not have access to unless the company were to divulge it. This confidential information may be divulged in other cases: - In compliance with legal orders or provisions issued by jurisdictional organs. - In compliance with a requirement of a Public Office or regulatory entity of the state. - For the purpose of defending the company against allegations that it has violated the rights of third parties or to protect the interests and reputation of the company or third parties. For the purposes of identifying and correcting technical problems. - For the purpose of carrying out the terms and conditions described herein, among others.
31) The company will implement the necessary technical measures to comply with the provisions set forth in the foregoing clause and for that purpose has installed all the procedures within its reach to avoid the loss, misuse, alteration, unauthorized access and theft of the Personal Data provided by the user. In any case, the user accepts the fact that there is no unassailable measures to avoid the illicit appropriation of data on the Internet. The company will collaborate with the user to facilitate the proof of the illicit act by a third party should this be the case.
32) For the purpose of carrying out the follow-up of a particular user's group of trademarks being processed through the site, the company will provide said user with a password of his choice, which together with the login provided by the user, will allow him to access this service. The user will be responsible for the custody and safekeeping of the login or user number, as well as of the password.

Jurisdiction and applicable law

33) The terms and conditions described herein, as well as the relationship that could arise between the user and the company will be governed by the laws of the country of location of the company that has billed the user for the work object of the particular claim. Thus, there will not exist the possibility of principles of conflict of laws arising and the parties will exclusively accept the decisions of the courts located in said country, when deciding on any kind of dispute that may arise in relation to the application of this agreement. Notices.
34) Any and all notices regarding the scope of this agreement shall be sent electronically to the electronic mail address provided by the user or, should any be sent to the company, to terms@demarcas.com.

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