Last updated: Month 05, 2024

Capicua’s Terms of Use

Introduction

Larnick SRL (“Company”) operates the weacapicua.com websites (“Websites”), and these Terms of Use (“ToU”) govern their use. In these ToUs, “we” or “our" refer to Capicua, and “you” and “your” refer to any individual, company, or legal entity accessing or using the Websites. Please read these Terms of Use carefully before using the Website. If you decline these ToUs, do not use the Website.

Acceptance

Your use of the Websites or the Services constitutes your acceptance of this agreement. Also, it indicates your willingness to be bound by these Terms and Conditions.

Modification

The Company reserves the right to change, modify, or alter portions of these terms at its sole discretion and can apply without further notice. Any modification or alteration shall be effective upon uploading it to the Website, so we recommend checking these Terms periodically for changes. Your continuous use of the Websites constitutes your agreement to all terms, conditions, and notices.

Privacy

The personal information you provide through this Website shall be used according to Capicua's Privacy Policy. These ToU are subject to the Privacy Notice posted on this Website.

Content

The Website presents information including, but not limited to, design, graphics, text, sounds, articles, reviews, and codes (collectively, “Content”). All of this is the Company’s property, whether owned or licensed. The Content is also protected by United States and international copyright and intellectual property rights and laws.

All rights to Content not expressly granted in these ToUs belong to their respective intellectual property rights owners. You must not reproduce, distribute, republish, download, perform, display, post, transmit, exploit, or create derivative works. Except as expressly declared in these ToU, you may not use any Content in any form or by any means. To achieve usage, you need prior written authorization from the Company or intellectual property rights owners.

Websites can include third-party materials only posted by license, grant, or any agreement. Content on the Websites is meant to give general information, and Capicua does not make any representations regarding its accuracy or completeness. Similarly, we do not assume liability for any loss from reliance upon any Content. Any statement non-factual only constitutes opinions, subject to changes without notice.

Personal Use

The Company allows you to view and download Content for personal, non-commercial use as long as you maintain all copyright and proprietary notices in the original Content. You can not modify or adapt Content in any way or use it for any public or commercial purposes. 

All trademarks, trade names, and logos on the Website are the sole property of Capicua. (Collectively called “Marks”). These can’t be copied, imitated, or used, whole or in parts, without Capicua and its licensors' prior written authorization. Page headers, custom graphics, and scripts are Capicua’s Marks and shall not be used without prior written authorization. Capicua will enforce its intellectual property rights to the fullest extent of the law.

Trademarks

The Company and third-party trade and service marks may be defined through the use of the SM, TM, or ® symbols. You’re not authorized to use any name, logo, or tagline posted on the Website unless they’re included in authorized printouts of Content. Whether or not designated by symbols, you can’t use them without the express prior written permission of the Company.

Services

You can register for contact, purchase products, pay for goods and services, and establish relationships (Collectively called “Services.”) The Company reserves the right to change or discontinue any aspect of the Services at any time, such as the nature of Services, databases, hours of availability, and software needed. Notwithstanding anything herein, Capicua reserves the right to restrict access to Services in its sole discretion.

Third-Party Links

All Content on the Websites is owned by Capicua and protected by worldwide copyright laws and treaty provisions. You can only use printouts of Content for personal, non-commercial use while ensuring the printouts retain all copyright, trademark, and proprietary notices. 

The use of Content on any other website or networked environments for any purpose is expressly prohibited without prior written permission. This includes republication, redistribution, or framing of the Content within another site. Please contact info@wearecapicua.com for any licensing inquiries.

Advertisement

We can incorporate advertising, features, and services third parties provide (“Third-Party Content"). Third-party Content, provided or not by Capicua, does not imply endorsement or approval of its contents, policies, or services. Therefore, we’re not responsible for its quality, availability, completeness, or compliance with any law, rule, or regulation.

The Company is not recommending its products or services by providing access to Third-Party Content. In line with applicable services or other agreements, we can remove Third-Party Content from the Websites with a written request by its owner or licensor. Consult all Terms of Use and Privacy Policy applicable to Third-Party Content before using it.

DMCA Take-Down Procedure

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides resources for owners who believe material online infringes U.S. copyright law. If you believe your work has been posted on the Website, please provide the Company’s copyright agent with this information:

1. Electronic or physical signature of the copyright owner or the person authorized to act on their behalf.
2. Description of the copyrighted work that you claim has been infringed.
3. Details of the location on the Website of the material you claim is infringing copyright.
4. Your address, telephone number, and e-mail address.
5. A statement you wrote that you believe the material is not authorized by the owner, its agent, or laws.
6. A declaration, under penalty of perjury, that the above information is accurate and you own or control copyrights.

Any notification that fails to comply with DMCA's requirements shall not be considered sufficient notice. Besides, it won't confer upon the Company real knowledge of copyright materials. You can reach the Company’s copyright agent for claims of copyright infringement as follows:

Name: Larnick SRL
Address: José Ellauri 1010, 7th Floor. 11300 - Montevideo, Uruguay.
Email: info@wearecapicua.com 

The Company suggests consulting your legal advisor before filing a notice with our copyright agent. You must note that there can be penalties for false claims under the DMCA.

In certain circumstances, the Company will provide or host materials by third parties, such as YouTube videos. These third parties have their own DMCA Take-Down Procedures and may be able to address your concerns, including removing your material from their servers.

General

Your use of the Website is at your sole risk. The Company does not guarantee that the Website or its servers are free of viruses or other harmful components, yet to the fullest extent permitted by law, the Company disclaims all warranties. These include but are not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Company makes no warranty that:

A. Website will meet your requirements
B. The Website's server will be uninterrupted, timely, secure, error-free, or free from harmful components.
C. Results from using the website will be accurate, useful, or reliable.
D. Quality of services, information, or other material purchased or obtained through the website will meet your expectations.
E. Any defects or errors in the website will be corrected.

No information from the Company, whether oral or written, will create warranties unless they're explicit in these terms of use. Furthermore, Capicua is not responsible for any third-party content on the Website or associated equipment or programming. The Company is not liable for third-party content being inaccurate, offensive, threatening, or objectionable.

Liability

Neither Capicua nor its affiliates are liable for any damages related to the use of this Website. Furthermore, the Company has no responsibility for any other sites you access through a link from the Websites.
This also applies to any incorrect or inaccurate information on these Websites.

This comprehensive limitation of liability applies to all damages concerning direct, indirect, special, incidental, or consequential damages (including loss of business, profits, or data). Whether on breach of contract warranty or tort and even if Capicua were advised of the possibility of damages. You expressly waive all claims against Capicua that may arise from using this site.

If the Company is found liable for losses or damages connected with limitations above, its liability will not exceed, in no event, USD 100. Some jurisdictions do not allow limitation of liability, so the ones above may not apply to you.

Dispute

These ToUs are governed by and construed per the laws of Uruguay and the State of Montevideo, not giving effect to potential conflicts of law principles. Capicua does not guarantee that the Content on this Website is available in all national locations or languages. You agree that any legal action arising from using the Website shall be brought exclusively in courts residing in Montevideo. Also, you consent and submit to the jurisdiction of such courts for any action relating to this Website, ToU, and extra-territorial services.

Contact

If you have any questions about our ToU, please contact us at info@wearecapicua.com or:
Larnick SRL. José Ellauri 1010, 7th Floor, 11300, Montevideo, Uruguay.

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1133 Broadway, New York City, NY 10010
Business Hours
Mon to Fri, 9 AM - 5 PM