Welcome to the Churromania® website, which encompasses online and mobile tools and applications, hereinafter (The Site). This Site, in a reference to the products, brand and services of the Churromania® brand and its related, owned by CHURROMANIA INTERNATIONAL HOLDING LLC and Corporación Churro Manía, C.A., and each of its related companies, affiliates or subsidiaries. It is important to us that you and other visitors have a special experience when using The Site, and are aware of your respective legal rights and obligations. For that reason, we have created these legally binding Terms and Conditions of Use, which govern your use of this Site. Please read these Terms carefully before using The Site, as they affect your legal rights and obligations, including, but not limited to, mandatory arbitration, the exclusion of class actions, and your waiver of the right to a jury trial. By using The Site, you agree to these Terms. If you do not agree to these Terms, please do not use The Site or the online services provided by it.

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TERMS AND CONDITIONS OF USE

 

1. USER TERMS

By using the CHURROMANIA® Website, you acknowledge and accept without limitation or qualification, these terms, conditions and notices (Terms and Conditions of Use), and our Privacy Policy.

CHURROMANIA® reserves the right to make any changes and/or modifications to the "Terms and Conditions of Use", at any time and at its sole discretion. The modified "Terms and Conditions of Use" will enter into force immediately after their publication and are accepted by the user, continuing with the regular use of The Site. It will be the responsibility of the user to periodically review any changes that CHURROMANIA® may make to the "Terms and Conditions of Use".

 

2. LEGAL CAPACITY

This is a Site for the general adult public. We will assume that you have the legal capacity (and, by using this Site, you guarantee it) to enter into the agreement set forth in these Terms (that is, that you are of sufficient age and mental capacity and are legally able to comply with the contract ).

 

3. THE INFORMATION YOU PROVIDE US MUST BE CORRECT

To access this Site or some of the resources it has to offer, you may be asked for registration information. A condition of using this Site is that all information you provide must be correct, current and complete. If at CHURROMANIA® we believe that the information is not correct, current or complete, we have the right to prevent you from entering the Site, any of its resources and to close or suspend your account.

You agree that all uses of the identifier created by you during a registration process or other similar process will be attributed to you and will bind you legally, and that we will rely, as well as our agents, affiliates and any other third party with whom we work to provide The Site, content, programs, profiles, or other services, in that it is a use you make of them even if someone else has used your identifier.

 

4. ONLINE PRIVACY POLICY

Your privacy is important to us. To better protect your privacy, we provide you with a notice explaining our online information practices and the choices you can make about how information is collected and used on this site.

 

5. LINK OR HYPERLINK TO THIRD PARTY WEBSITES

The CHURROMANIA® Website may contain links or hyperlinks to other websites. CHURROMANIA® does not control the Connected Websites. CHURROMANIA® is not responsible for the contents of the connected Websites, including without limitation any links contained in these Websites. CHURROMANIA® provides such links for convenience only, and the inclusion of any link does not imply endorsement by CHURROMANIA® of the Site, or any association with its operators.

 

6. RESTRICTIONS OF USE

The user of the CHURROMANIA® Site must assume that everything he sees or reads on this Website is protected by copyright, unless otherwise indicated, and may not be used except as provided in these "Terms and Conditions". of Use”.
 
The material on the Website and/or any mobile application owned, operated, licensed or controlled by the CHURROMANIA® Brands may not be copied, distributed, duplicated, modified, uploaded, incorporated, published or transmitted in any way without the prior consent of writing of the CHURROMANIA® Trademarks. You may only print, display, or download from The CHURROMANIA® Website for your personal, non-commercial use, provided you do not remove or change any copyright, trademark, or other proprietary notices. No intellectual property right is licensed or transferred to the user through its use, these rights only belong to CHURROMANIA®, which holds the registration titles.

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7. PROHIBITION OF ILLEGAL USE

As a condition of use of the CHURROMANIA® Website, the user guarantees to CHURROMANIA® that he will not use the Website for any purpose that is illegal or prohibited by these terms, conditions and notices. The user may not use The CHURROMANIA® Website in any way that could damage, disable, overburden, or impair The Website or interfere with the use and enjoyment of any part of The Website. The user may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the CHURROMANIA® Website.

If applicable, you may not allow anyone else to use your username or password to access the Website. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password.

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8. GENERAL PRESENTATIONS

All comments, suggestions, ideas, graphics, discussions, announcements, transmissions, bulletin boards or other information communicated to CHURROMANIA® will forever be the property of CHURROMANIA®. By posting, uploading, entering, providing or submitting any information, you acknowledge that you as a user and not CHURROMANIA® have full responsibility for the message, including its legality, reliability, suitability, originality and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all rights necessary for you to provide, post, upload, input or submit the Submissions. Anything you transmit or post becomes the property of CHURROMANIA® and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.

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CHURROMANIA® assumes no responsibility or liability arising from the content of such Submissions, nor for any error, defamation, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, pornographic, or profane material, or any material that could constitute or encourage conduct considered a criminal offense, give rise to civil liability, or otherwise violate any law. CHURROMANIA® will fully cooperate with any law enforcement authority or court order requesting or directing CHURROMANIA® to reveal the identity of anyone posting such information or materials.

 

9. BRAND COMMENTS

CHURROMANIA® welcomes your feedback on all areas of our business. If you would like to send us your feedback, and we hope you will, we simply ask that you send it to us using the form found on www.churromania.com. Any feedback you provide on this site will be considered non-confidential. The CHURROMANIA® brands will be free to use said information without restrictions.

 

10. JURISDICTION

Unless otherwise indicated, all materials on the Site are made available solely to provide information about the CHURROMANIA® brand. CHURROMANIA®, or its designee, controls and operates this site from its headquarters in the United States of America and Venezuela and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

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11. EXEMPTION OF LIABILITY

CHURROMANIA® will not be responsible for any damage or injury caused by the Site, including, but not limited to, any failure in performance, error, omission, interruption, defect, delay in the operation of the transmission, computer virus or failure of the line. To the maximum extent permitted by applicable law, in no event shall CHURROMANIA® nor its suppliers or third party content providers be liable for any direct, indirect, punitive, incidental, special, consequential or any damages including, without limitation, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of use, data or profits, unauthorized access and alteration of your transmissions and data, and other tangible and intangible losses arising out of or in any way connected with the use or performance of The Site, with the delay or inability to use The Site or related services, the provision or failure to provide services, or from any actions that we do or do not take as a result of email messages you send, or for any information, software, products, services and related graphics obtained through The Site, or arising from the use of The Site, whether based on contract , tort, negligence, strict liability or any other way, even when CHURROMANIA® brands or any of its suppliers have been informed of the possibility of damages Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

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The material, software, products and services on The Site, or available through The Site, may include technical inaccuracies or typographical errors. CHURROMANIA® is not responsible if the information available on the Site is not accurate, complete or current. The material contained in The Site is provided for general information only and should not be used as the sole basis for making important decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.

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The Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. CHURROMANIA® can make changes or improvements at any time.

CHURROMANIA® or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind.

Software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement of the intellectual property rights of its suppliers.

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CHURROMANIA® does not guarantee that your use of materials displayed on the Site will not infringe the rights of third parties. CHURROMANIA® does not guarantee that the functions contained in the material will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses or other harmful components. CHURROMANIA® does not warrant or make any representations regarding the use or the results of the use of the material in this site in terms of its correctness, accuracy, reliability or otherwise.

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The Website contains downloadable materials as well as links to external sites. CHURROMANIA® is not responsible for, and has no control over, the content of such downloadable materials or external sites. The inclusion of any link to these sites does not imply endorsement by CHURROMANIA® of the sites. You understand that CHURROMANIA® cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for download through this website will be free of infection or viruses, worms, or other code or defects. that manifest polluting or destructive properties.

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12. INDEMNIFICATION

The user agrees to indemnify, defend and hold harmless CHURROMANIA® and its affiliates, as well as their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any loss, liability, expenses, damages and costs, including reasonable attorneys legal fees and costs, arising out of or resulting from any violation of these Terms and Conditions of Use. If you cause a technical interruption of The Site or systems that transmit The Site to you or others, you agree to be responsible for any and all for losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from such interruption.

 

13. BINDING ARBITRATION OF ALL DISPUTES; EXCLUSION OF CLASS ACTIONS

U.S. residents, to the extent permitted by law, except for disputes relating to the intellectual property rights of CHURROMANIA® and certain legal claims that, according to law, cannot be submitted to arbitration , any dispute of any kind between you and CHURROMANIA® under these Terms must be resolved through binding arbitration in accordance with JAMS's comprehensive arbitration rules and procedures, on an individual and not a class basis.

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The arbitrator will be a retired judge of any federal or state court of (INDICATE CITY) with extensive experience in the Internet sector and must act in accordance with the substantive law of (INDICATE CITY) when resolving the dispute, except for this clause, which must construed as a "mutual agreement to arbitrate" under the Federal Arbitration Act ("FAA"). You and we agree that this provision is sufficient to meet the FAA's "written" requirement. The
 
hearing will be held in the county where the billing address you provided to CHURROMANIA® is located. For any claim requiring an amount of $10,000.00 or less, you may elect to have the hearing held in person, by telephone, or the arbitrator may resolve the dispute without a hearing. For those claims that the arbitrator deems inadmissible, CHURROMANIA® will pay JAMS's costs and the arbitrator's fees. CHURROMANIA® agrees not to require reimbursement of costs and fees incurred during the arbitration. YOUR ACCEPTANCE OF THESE TERMS CONSTITUTES YOUR AGREEMENT TO PURSUIT YOUR CLAIM ON AN INDIVIDUAL BASIS AND WAIVES YOUR ABILITY TO DO SO THROUGH A CLASS ACTION.

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For residents outside of the US: If a dispute, allegation, or claim (including non-contractual claims) arises related to The Site or the Terms of Service, you and we agree to send written notice to the other party, providing you with a reasonable description of the dispute under this clause and a possible resolution. Our notice will be sent to you using the most recent contact information you provided to us. If no such information exists or if this information is not current, we will have no obligation under this clause. You must email your notice to us at (insert email). During a period of sixty (60) days from the date of receipt of the notification from the other party, CHURROMANIA® and you will enter into a dialogue in order to try to resolve the dispute according to this clause, although neither you nor CHURROMANIA® are obliged to resolve said dispute in terms with which you or CHURROMANIA®, each in its discretion, do not feel comfortable. Nothing in this section shall prevent a party from pursuing its claim in court or from other proceedings.

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14. EXEMPTION OF LIABILITY

You agree to hold CHURROMANIA®, its officers, directors, employees, agents, distributors and affiliates harmless from any claims, demands, costs or expenses, including reasonable attorneys' fees, resulting from your breach of these Terms, including the provisions, previous declarations or guarantees, or the transmission of content to the CHURROMANIA® servers, or the use of your account.

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15. ABUSE OF THE SYSTEM

Without limitation, you agree not to send, create, or reply to bulk mailings (i.e., sending copies of the same message to many users or sending large or multiple files or messages to a single user with malicious intent) or spam ( that is, unsolicited email for commercial or other purposes), and not to engage in any other activity that may adversely affect the operation or use of this Site by another person. You may not reproduce, sell, resell or exploit the resources or access to the resources that are part of the content of The Site.

You may not reproduce, sell, resell or exploit the resources or access to the resources that are part of the content of The Site.

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16. MISCELLANEOUS

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America, without regard to principles of conflicts of law, and you hereby consent to the exclusive jurisdiction and venue of the courts in all disputes. That arise or are related to the use of the Site. Use of The Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no alliance, partnership, employment, or agency relationship exists between you and CHURROMANIA® as a result of these Terms and Conditions or your use of The Site. Compliance by CHURROMANIA® with these Terms and Conditions is subject to applicable laws and legal process, and nothing contained in these Terms and Conditions constitutes a derogation from CHURROMANIA®'s right to comply with government requests, The Site or information provided or collected by CHURROMANIA® in connection with such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable under applicable law, including, but not limited to, the disclaimers and limitations of liability set forth above, the invalid or unenforceable provision will be deemed superseded by a validity, Enforceable that best fits the intent of the original provision and the remainder of these Terms and Conditions will remain in effect. Unless otherwise specified herein or agreed to by the user, these terms and conditions constitute the entire agreement between the user and CHURROMANIA® with respect to the website. A paper version of these Terms and Conditions and any notices given in electronic form will be admissible in judicial or administrative proceedings based on or related to these Terms and Conditions to the same extent and subject to the same conditions as other commercial documents and records originally generated. and maintained in printed form. CHURROMANIA® products and services are available in many parts of the world. However, The Website may describe products and services that are not available worldwide.

 

17. RESERVATION OF RIGHTS
CHURROMANIA® reserves the right to modify or discontinue, temporarily or permanently, this Site in whole or in part, and/or software, functions and services of this Site, with or without prior notice, and/or to establish general guidelines and limitations on its use.

 

18. COPYRIGHT AND TRADEMARK INFORMATION

All trademarks used in this document are the property of CHURROMANIA® brands unless otherwise indicated. All other third-party trademarks used on the Website are the property of their respective owners used under license by CHURROMANIA®. All rights not expressly granted herein are reserved.

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All the contents of the Site are: Copyright 2016-2022 CHURROMANIA®