By using or accessing our website, or by downloading materials from our website, you agree to the following terms of use.
This Terms of Use Agreement (hereinafter, the “Agreement”) constitutes a legal agreement between Aranda Software Corp. (“Aranda” or “we”) and you as a user (hereinafter “you,” “your,” “User,” or “users”), which governs your use of this website (the “Website”).
This document (hereinafter, the “Agreement”) sets forth the terms and conditions that apply to the User’s access to and use of this website (the “Website”). Please read this Agreement carefully. By accessing, viewing, or using the Website, Users agree to comply with the terms and conditions set forth in this Agreement. If you do not agree to be bound by these terms and conditions, you must not access or use the Website. This Website is intended for residents of Colombia. Users residing or domiciled in another country who wish to access and use the Website do so at their own risk and responsibility; therefore, you must ensure that such access and/or use complies with the applicable laws in your country.
The Website and related services are offered to Users who have the legal capacity to enter into legally binding contracts under applicable law. Minors are not authorized to use the Website. If you are a minor, please do not use this website.
By accessing, viewing, using, or downloading materials from the Website, you agree to all the terms, conditions, and notices contained in or referenced in this Agreement, which are legally binding. We reserve the right to review, modify, or update the information on the Website, including this Agreement.
A current version of this Agreement, showing the effective date, will always be available at this location. Accordingly, we recommend that Users periodically review any changes made to the Agreement. We may also make improvements and/or changes to the products described on the Website, add new features, or close this Website at any time without prior notice. If you do not agree with the modified version of the Agreement, you must discontinue use of the Website. Your continued use of the Website constitutes your acceptance of this Agreement and any modifications it may undergo.
You must act with caution, discretion, and in good faith when using this Website. You are responsible for any material or information (hereinafter “Content”) that you submit to us through the Website (or via email). You agree, represent, and warrant that any Content you transmit to us via the Website (or by email) is authentic, accurate, not misleading, and provided in good faith, and that you have the right to transmit such Content. Certain content we collect from you through the Website is subject to our Privacy Policy, available at https://arandasoft.com/asc/privacy-policy/, which you must review prior to providing us with any of your Personal Data.
Aranda Software Corp. does not want you to send us (and you should not send us) any confidential or proprietary content through this Website, unless specifically requested in writing. Please note that any unsolicited content you send us will be considered non-confidential and non-proprietary.
By submitting Content that is not personally identifiable information through this Website, you grant Aranda Software (or warrant that the owner of such information and material expressly grants Aranda Software) a royalty-free, perpetual, irrevocable, and unrestricted right and license to (a) use, reproduce, display, modify, adapt, publish, translate, transmit, and distribute such Content or make it available to others in any other manner (in whole or in part and for any purpose or use), worldwide, and/or incorporate it into other works in any format, medium, or technology known at present or developed in the future; (b) exercise all copyright, trademark, publicity, privacy, and other proprietary rights with respect to such Content; and (c) use your name or pseudonym, place of origin, photographs, portraits, images, voice, likeness, or biographical information as news or information in any medium, for advertising or promotional purposes, whether in connection with your Content or not. You hereby also grant each user of the Website a non-exclusive license to access your Content through the Website, and to tag, rate, review, comment on, use, reproduce, distribute, display, and implement such Content in the manner permitted through the Website’s functionality and under this Agreement. You also agree that Aranda Software is free to use any ideas, concepts, know-how, or techniques you submit to us for any purpose or use. PLEASE REFRAIN FROM SENDING US ANY IDEAS, SUGGESTIONS, OR CONTENT THAT YOU WISH TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE ANY FORM OF COMPENSATION.
You must not upload, post, or make available through this Website any Content protected by copyright, trademark, or other proprietary rights of third parties without the express written authorization of the owner or holder of such rights. You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other damages resulting from such submission or posting.
By accessing and using the Website, the User agrees NOT to: (a) violate any applicable Colombian laws, regulations, and rules, as well as any other applicable legislation, such as laws against employment discrimination or laws promoting equal employment opportunities, where applicable; (b) infringe upon intellectual property and privacy rights, including, but not limited to, copyrights, database rights, trademarks, or the know-how of third parties; (c) download, upload, transmit, or store material that: • is illegal, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, hostile, obscene, or objectionable; • breaches the User’s contractual or confidentiality obligations; • impairs or interferes with the normal operation of the Website, such as by sending or transmitting viruses, worms, or Trojan horses, continuously sending repetitive material, or sending unusually large files; or • that is not permitted by Aranda, such as unauthorized advertising material, unsolicited promotional material, “junk mail,” “spam,” “chain letters,” pyramid scheme messages, franchise offers, distribution material, club membership solicitations, sales contracts, or any other unacceptable material; (d) infringe upon the personal rights and privacy of third parties by misusing the Content, such as by continuously harassing or bothering such persons by sending them unsolicited emails, or by collecting personal information; (e) circumvent, or attempt to circumvent, the Website’s security measures; (f) use any device, procedure, or mechanism, such as spiders and web crawlers, to locate, retrieve, search for, or access the Website or the Content without the prior written consent of ARANDA; (g) access or attempt to access the account or login of third parties or companies listed on the Website; (h) copy, modify, reproduce, delete, distribute, download, store, transmit,
sell, resell, publish, reverse-engineer, or create derivative works based on the Content, except with respect to material submitted by the User and owned by the User, or as permitted by applicable intellectual property laws; (i) submit or provide incorrect, false, or incomplete information regarding the User’s resume, biographical data, start date, or company profile; (j) impersonate another person or company; (k) use the Website in an unauthorized manner or for any criminal activity; (l) falsify the header information in an email; or (m) misrepresent information about yourself, your association with third parties, or your company.
You are not required to register with us to access this Website. However, certain sections and features of this Website are available only to registered visitors with a username and password (“Secure Users”). If you are a Secure User, you agree to maintain and accurately update any information you provide to us. If you fail to maintain such information, or if we have reasonable grounds to suspect such failure, we reserve the right to suspend or terminate your account and prevent your use of the Website. Furthermore, you agree to be responsible for all activities that occur on your account under your Secure User username and password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that no third parties access the Website in violation of this Agreement. You may only have one active Secure User account on this Website at any given time, and only you may use your designated account to access this Website. You also agree to promptly notify us of any unauthorized use of your username, password, or any other security breach of which you become aware, and that involves or relates to this Website, via email to info@arandasoft.com. Furthermore, you agree to log out of your Secure User account at the end of each session.
It is the User's sole responsibility to:
(a) keep such virtual account numbers and passwords confidential;
(b) update and check your password frequently; and
(c) immediately notify Aranda if you become aware of any unauthorized use of your account or any breach of the Website’s security measures.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
It is prohibited to violate or attempt to violate the security of this Website. Any such violation may result in criminal and/or civil penalties against the offender. We will investigate any alleged violation, and in the event of a suspected malicious violation, we will cooperate with the investigation conducted by law enforcement agencies.
The Website uses cookies, which are small data files that a web browser automatically stores on a user’s computer when the user visits a website. The cookie is sent from the server to the website visitor. Each time the same page is visited, the stored data is retrieved by the originating server. They are useful because they allow a website to recognize the user’s device. By accessing the Website, you are authorizing the use of these cookies, which will contribute to its proper functioning.
Cookies cannot transmit viruses and do not harm your computer. What cookies do we use?
a. Strictly necessary cookies:
These are cookies that are necessary for the website to function properly and cannot be deleted from our servers. They are generally activated in response to actions such as setting your privacy preferences, logging in, or filling out forms. You can configure your browser to block them or notify you when they are used, but some of the services available on the site may no longer work. These cookies do not store any personal information.
b. Remarketing and tracking cookies
On our website, we use tracking cookies provided by DoubleClick. We use them to improve our advertising and provide you with relevant content, refine campaign performance reports, and prevent ads you’ve already seen from being displayed. DoubleClick cookies contain your IP address but no other personal information. Sometimes the cookie contains an additional identifier that resembles a cookie ID. This identifier is used to detect a campaign to which a user was previously exposed; however, no other personal information is stored by DoubleClick in the cookie. The following information is collected: the browser and operating system you use, the bandwidth being used, the time of day the cookie is accepted, the website you are visiting when the cookie is accepted, as well as your IP address. Additionally, Google states that it never links information collected from cookies with data the company obtains through its other products and services. The collected IP addresses are anonymized after 9 months, and cookie data after 18 months. After that period, they are no longer used.
c. Analytical cookies:
We use technology provided by Google Analytics. We use cookies to collect information about visitor behavior on our site. This information is used to compile metrics that help us improve the site’s performance. These cookies automatically expire six months after your last visit. These cookies collect information anonymously. We do not use them to record personal information about our visitors. The following information is collected: the number of visitors to our website, how visitors arrived at our website, and which pages of our website they visited. By using this website, you agree to our installation of these analytical cookies on your computer or mobile device.
d. Social media plugins:
On our website, we use buttons that allow you to share our content on social media platforms such as Facebook, Twitter, LinkedIn, and YouTube. We rely on external scripts to provide this functionality. Please be aware that these platforms may collect information about your browsing habits, even if you do not click on any of the buttons on our website. Please note that the data transmitted is beyond our control. To learn about the purpose and scope of data collection, the terms of use for your data, and how to prevent its use, please visit the privacy policy of the respective social media provider.
How can you disable cookies?
For more information on enabling, disabling, and deleting cookies, please refer to the privacy policy of the browser installed on your computer (check the options in the browser’s Help menu or visit your browser provider’s website).
For more information about the use of cookies on mobile devices and how you can disable and delete them, please refer to the manufacturer’s instructions. If you wish to automatically block all Google Analytics cookies, please visit the following website: https://Tools.Google.com/dlpage/gaoptout
You can find more general information about cookies on the following website: www.allaboutcookies.org
Unless expressly authorized in writing in this Agreement or on the Website, you may not take any action that interferes with the Website or any other user’s use of it. To use the Website, you must comply with all laws, decrees, regulations, rules, and other legal provisions. Furthermore, we expect users of the Website to respect the
the rights and dignity of others. Your use of the Website is subject to your compliance with the rules of conduct set forth in this Agreement. You may NOT do (and you expressly agree not to do) any of the following, which violate this Agreement:
· Post, share, transmit, distribute, facilitate the distribution of, or otherwise make available, through this Website or otherwise, any material that is illegal, in violation of any regulations, harmful, harassing, defamatory, threatening, intimidating, fraudulent, malicious, vulgar, or objectionable for any other reason, including unsolicited or unauthorized advertising;
· Impersonate any individual or entity, including, but not limited to, any representative of Aranda Software; make false statements or otherwise misrepresent your affiliation with any individual or entity in connection with the Website; or state, either explicitly or implicitly, that we endorse any statements you make;
· Uploading to the Website any virus, worm, spyware, adware, or other malicious computer code, file, or program that is harmful or intrusive, or that is capable of or intended to damage or hijack the operation of, or control the use of, any hardware, software, or equipment;
· Use the Website to defame, slander, harass, stalk, threaten, or otherwise violate the legal rights of others, including but not limited to others’ privacy rights or publicity rights, or to harvest or collect personally identifiable information about users of the Website;
· Interfere with or disrupt the operation of the Website or others’ use of the Website in any way (including, but not limited to, hacking or masking any portion of the Website);
· Reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Website, or any use of or access to the Website, for any commercial purpose;
· Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Website;
· Remove any copyright notices, trademarks, or other proprietary rights notices associated with the Website or materials originating from the Website;
· Use the Website for any fraudulent or illegal purpose;
· Violate any applicable law or regulation; or
· Participate in or allow anyone else to participate in any of the aforementioned activities.
10.1 Copyright
The Content made available to users on this Website is protected by copyright, and, except as provided below, the use of any Content available on this Website is strictly prohibited. No Content on this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the written permission of the owner or rights holder, except in cases where you use Content that we expressly make available for you to download from the Website, provided that you (1) keep all copyright and other proprietary notices intact, (2) use such information in accordance with any license associated with such Content, (3) do not copy or publish such information on any computer network or disseminate it in any medium, (4) do not make any modifications to such information, and (5) do not make any additional representations or warranties regarding such information. You agree that you will not circumvent, disable, or otherwise interfere with the security features of this Website, or with features that prevent or restrict the use or copying of any of the Content.
Any unauthorized use of any of the Content available on this Website constitutes a violation of the copyright and other proprietary rights of Aranda Software, or the copyrights of other rights holders where indicated. Permissions for all other uses of the Content on this Site, including reproduction and distribution of multiple copies or use of the Content on any other website or computer network, or links to any page on this Website other than the “homepage” www.arandasoft.com, must be obtained by requesting them in advance from us or the applicable rights holder; otherwise, such use is prohibited. Requests for such authorizations from us must be submitted via email to info@arandasoft.com. All rights to designs, databases, and compilations, and other intellectual property rights associated with this Website, whether registered or unregistered in each case, and the corresponding rights.
All trademarks and other intellectual property rights are the property of Aranda Software. Unless otherwise expressly authorized in writing in advance by Aranda Software, you agree not to reproduce, modify, rent, lease, lend, sell, distribute, or create derivative works based (in whole or in part) on all or any part of this Website or its Content.
10.2 Trademarks
All rights to the trademarks, service marks, logos, trade names, product names, product packaging, and designs of Aranda Software or third parties—whether they appear in bold type or not, or are accompanied by the trademark symbol—belong exclusively to us or to their respective owners or holders and are protected by national and international trademark and copyright laws. You may not reproduce, download, or otherwise use such trademarks, service marks, logos, trade names, product names, product packaging, and designs without the prior express written consent of the owner or holder of such marks.10.3 Notice of Copyright Infringement
If you believe that any of the Content on this Website infringes any copyright that you hold, own, or control, you may submit a written notice to the Designated Copyright Agent (the “Designated Agent”) as set forth below.
Designated Agent: Aranda Software
Email: info@arandasoft.com
If you believe that your copyrighted work is available on the Website in violation of your copyright, you may send a written notice to our Designated Agent, which must include the following information:
1. Identify, in sufficient detail, the copyrighted or intellectual property-protected work that you claim is being infringed, so that we can identify the material and the alleged infringement. If your notice covers multiple copyrighted works, you may provide us with a representative list of those works.
2. Identify the URL or other specific location on the Website containing the allegedly infringing material, as described in subsection (a) above. You must provide us with sufficient information, within reason, to enable us to locate the material and the alleged infringement.
3. Provide the signature—electronic or physical—of the copyright owner or a person authorized to act on their behalf.
4. Include a statement from you stating that you have a good-faith belief that the disputed use has not been authorized by the copyright owner, its agent, or the law.
5. Include a statement by you declaring that the information in your notice is accurate and that you affirm, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
6. Please include your name, mailing address, phone number, and email address.
We have adopted a policy of terminating our business relationship, under certain circumstances and at our sole discretion, with website users deemed to be repeat offenders.
We may provide links on our Website, solely for the convenience of users, to websites of our affiliates or other entities. By using such websites, you will leave our Website. If you decide to visit any of the websites accessible through such links, you do so at your own risk and under your own responsibility to take all necessary precautions to protect yourself from viruses or other harmful elements. We make no representations or warranties, nor do we endorse or sponsor in any way, the websites accessible via the links, the information appearing on them, or any of the products or services described on such sites. Aranda Software cannot control or monitor the Linked Sites and, consequently, assumes no responsibility whatsoever regarding the accuracy, security, or reliability of the material, information, or content included on such Linked Sites. The links do not imply that Aranda Software is legally authorized to use any of the trademarks, trade names, logos, or copyright symbols that appear on or are accessed through the links; nor do they imply that the websites accessed through the links are authorized to use any of Aranda Software’s trademarks, trade names, logos, or copyright symbols.
The inclusion of Linked Sites on the Website does not imply any relationship or association between Aranda Software and the owner of the Linked Sites, nor does it imply Aranda Software’s endorsement or promotion of such Linked Sites. Aranda Software includes Linked Sites solely for the User’s convenience. The User is solely responsible for accessing the Linked Sites.
Users must exercise their own judgment, caution, and common sense when using Linked Sites, and to that end, we recommend that they review the terms of use and privacy policies governing those Linked Sites. Aranda Software reserves the right to remove from its Website all Linked Sites of which it has actual knowledge that they are infringing the rights of third parties and/or whose content violates applicable law, or if required to do so by a court order or administrative order.
Links to our website are not permitted without the express, prior, and written authorization of ARANDA. The User may not, either alone or in collaboration with others, expand, modify, replace, amend, or limit, in whole or in part, the information provided on our website or its functional applications. Furthermore, the User may not, either alone or in collaboration with others, create or install links from their own website or from third-party websites to this website (whether through hypertext links, deep-linking, framing, code, or any other means), in whole or in part, without the prior written consent of ARANDA.
YOU AGREE THAT THE USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING BUT NOT LIMITED TO THE USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISEMENTS, OR PROMOTIONS, PRODUCTS, OR OTHER MATERIALS FOUND ON OR ACCESSED THROUGH SUCH WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
11.1 Third-Party Content
Any information, statements, opinions, or content provided by third parties and made available to users on this Website are the responsibility of the respective authors and not of Aranda Software. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any opinion, advice, service, offer, statement, or other Content on the Website, except for those provided by an authorized representative of Aranda Software acting officially in that capacity. Under no circumstances shall Aranda Software be liable for any losses or damages resulting from reliance on any of the Content.
We maintain a presence on various social media websites, including facebook.com, linkedin.com, and twitter.com (collectively, “Social Media Pages”), in order to provide a place where people can learn more about Aranda Software and share their experiences with our products. All comments, images, and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions and views of Aranda Software. All visitors to our Social Media Pages must comply with the respective Terms of Use of those social media websites. We review some but not all posts on our Social Media Pages, and we remove any posts that we determine to be inappropriate or offensive.
We may terminate your use of this Website or any of its features at any time and for any reason without prior notice due to conduct that violates this Agreement. In the event of such termination, you must destroy all Content obtained from this Website and all copies of such Content. The provisions of this Agreement regarding website security, prohibited activities, copyright, trademarks, user-submitted information, disclaimers, limitations, and indemnification, and jurisdictional matters shall survive the termination of the business relationship or termination. You agree that if we terminate your use of this Website pursuant to this Agreement, you will not attempt to use this Website under any name, real or fictitious, and you further agree that if you violate this restriction after termination, you shall indemnify us and hold us harmless from any liability we may incur as a result.
ARANDA SOFTWARE makes no representations or warranties regarding the use, validity, accuracy, or reliability of the content available on this website or on any other website accessed through links to or from our site. Downloading or otherwise obtaining any content through this website is at your own risk. The content of this website is provided “as is” and “as available,” without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Aranda Software disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
ARANDA SOFTWARE and each of its affiliates, subsidiaries, divisions, parent companies, and related companies (collectively, the “Assignees”) shall not be liable for any damages of any kind arising out of or in connection with the use or inability to use this website, its content, or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delays in operation or transmission, or any computer virus or line failure. The Assignees shall also not be liable for any indirect, special, incidental, punitive, or exemplary damages, or consequential damages, even if they have been advised of the possibility of such damages. In some jurisdictions, it is not permitted to exclude or limit incidental or consequential damages, so the limitations listed above may not apply to you. The Assignees shall have no liability for any act, omission, or conduct on the part of any user or third party.
You agree to indemnify, defend, and hold harmless Aranda Software and its directors, officers, employees, agents, and contractors from any claims, damages, losses, costs (including, but not limited to, reasonable attorneys’ fees), or other expenses arising, directly or indirectly, from (i) your breach of any provision of this Agreement; (ii) your activities in connection with this Website; or (iii) unsolicited information you provide to Aranda Software through the Website.
If a court of competent jurisdiction finds that any part of this Agreement is unenforceable, that part shall be deemed unenforceable, and the remainder of the Agreement shall remain in full force and effect.
The User agrees to indemnify, defend, and hold harmless Aranda Software, its parent company, and its subsidiaries and affiliates, as well as the officers, managers, sales representatives, and employees of all such entities, against any third-party claims (such indemnification includes, among other things, attorneys’ fees and court costs) brought based on, or arising from, the User’s access to and use of the Website, the Information provided by the User, or the User’s breach of the terms and conditions of this Agreement.
THE USER ACKNOWLEDGES AND AGREES THAT:
(a) The user assumes all risks related to, or arising from, their use of, or access to, the website. The website is provided “as is” and “as available,” without any warranty;
(b) To the extent permitted by law, Aranda Software hereby expressly disclaims all warranties and liabilities, whether express or implied, statutory or otherwise, including, but not limited to: implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, and those customary in commercial practice or in negotiations within this industry;
(c) Although Aranda Software has anti-virus systems and implements security measures to protect the website and its content from all types of cyberattacks in order to reduce the level of risk, Aranda Software hereby expressly disclaims any warranty regarding: (i) that the website and its content will always be free of errors or viruses or will never suffer attacks by third parties; (ii) the uninterrupted and always secure operation of the website; (iii) the permanent availability of the site; (iv) whether or not the website meets the user’s needs; and (v) the reliability, accuracy, completeness, validity, or truthfulness of the information provided by the user.
The user agrees to assume all risks associated with, or arising from, the use of the website or the information provided by the user, including, but not limited to, the risks of financial loss, property damage, and expenses incurred in dealing with other users of the website (whether they are strangers, minors, foreigners, or persons acting under a false identity). The user also agrees to hold harmless Aranda Software, its parent company, and its subsidiaries and affiliates, as well as the officers, managers, sales representatives, and employees of all such entities, against any claims, lawsuits, or claims for damages (direct, indirect, and consequential) of any kind, whether known or unknown, that may be brought based on, or arising from, the use of the website, the information provided by the user, or transactions resulting from the user’s use of the website.
Subject to applicable law, the user acknowledges and agrees that under no circumstances shall Aranda Software, its parent company, its subsidiaries and affiliates, or their respective officers, sales representatives, employees, or suppliers, be liable for any direct, indirect, or consequential losses or damages (including, but not limited to, property damage and purely economic losses), nor for loss of profits, loss of customer base, loss of revenue or data, or interruption of use, regardless of the cause—whether breach of contract, tort (including negligence), or breach of warranty—even if Aranda Software had been advised of the possibility of such losses or damages. In the event that any jurisdiction prohibits the exclusion of certain warranties, the limitation of liability, or the disclaimer of liability with respect to certain damages, Aranda Software’s aggregate liability for damages shall not exceed USD$10.00 (ten United States dollars), if permitted by applicable law.
In any case, the foregoing limitation of liability shall not apply to consumers or to damages caused intentionally or through gross negligence.
The Website is controlled and operated by Aranda Software from our offices in Colombia. We make no representation that the materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, to the extent that such local laws are applicable. Access to the Website from jurisdictions where the Website’s content is illegal or prohibited is prohibited.
By visiting this Website, you agree that any dispute relating to the Website, this Agreement, or the Privacy Policy shall be governed by the laws of the Republic of Colombia. You also agree that any dispute arising in connection with the Website shall be resolved in the courts having jurisdiction in Colombia.
If you have any questions about this Agreement, or if you have any technical questions about how the Website works, please contact us by email at: info@arandasoft.com
These terms and conditions were last updated on August 19, 2020.