All World Register

All World Register

 

TERMS AND CONDITIONS OF USE

This document regulates the conditions of use for the web site www.allworldregister.com

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BECAUSE ANY USE OR ACCESS TO THE PAGES OF THE "WEB SITE" INDICATES THAT YOU EXPRESSLY ACCEPTS IT AND AGREE TO THE CLAUSES THAT FOLLOW.

1 - USE AND RESTRICTIONS

The utilization of www.allworldregister.com (hereinafter, the "web site"), implies the "user's" full acceptance, without restrictions, of these Terms and Conditions of Use (hereinafter, the "document"). Through the "web site", the "user" will access to and/or will use various services and contents (International Registration of Domains and Trademarks) placed at the disposal of the users by the members of our Company, All World Register and/or their subsidiaries and affiliates (hereinafter, "the company"), and/or third party suppliers of Services and Contents. "The company" shall have the discretional right to deny, restrict or condition the total or partial access to the "web site", as well as to modify the Services and Contents of "web site, at any time and without the need of prior notice.

2 - Definition and General Rules.

A. The "user": Is the "Titleholder" or its representative identified as such by accessing the "Web Site", and it is responsible of delivering all the information needed for the registration of his domains and trademarks. The "User" agrees to provide certain current, complete and accurate information about himself or its represented. Without this information the "Company" will not be able to provide the services requested It is understood that the "User," when it is a representative, is expressly authorized by the "Titleholder" to deliver this information in the "Web Site."

The "Company" will maintain its communications with the "User." It is understood that the "User," when it is a representative, is expressly authorized by the "Titleholder" to deliver this information in the "Web Site."

The "user" agrees to pay to the "web site" the "Fees" for our services. All fees payable hereunder are non-refundable.

B. "Fees": It's the amount of money that must be paid by the "user" for each service requested through our "web site".

C. The "Titleholder" is the final beneficiary of our services, who will be the owner of the trademark or domain registered through our "web site", a natural person or a legal person.

D. "Agent" is a professional, lawyer in the case of trademarks or any indicated professional in the case of the domains, who will represent the "user" and will provide answers to the users for the services paid.

E. "Power of Attorney", is the written and legalized authorization, depending of each country laws, delivered by the "user" to the "company" and the "agent" so they can act on behalf of the "Titleholder", before the different "trademark office's", law courts and "Registration Administrators" in order to register their domains and trademarks.

F. "Trademark Office", is the legal organization of each country that is in charge to receive the request of trademark registrations and to deliver the Trademark Certificates.

G. "Registration Administrators" is the legal organization of each country that is in charge to receive the request of domains registrations and to concede the domains names.

H. The "company" is responsible for rendering all the services dully requested and paid by the "user" on the "web site".

I. "Service Order Form" is the order form that must be completed by the "user" if he whished to request a service to the "company". The service order will be sent by the account manager designated for the attention of the "user".

J. All intellectual property rights regarding the Services and Contents and the distinctive signs, trademarks and domains of the "web site", as well as the rights to use and exploit the same, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of the " Company". These materials or any part of them may not be reprinted, published, distributed, relayed, or transferred in any way.

The "user" will not acquire any intellectual property right through the use of the Services and Contents of the "web site" and in no event will such use be considered as an authorization or license to use the Services and Contents with purposes other than those contemplated in these "document".

K. The search engine used in the "web site" and which is the property of the "company" as well as the system use for the service of trademark watching, trademark studies, in any event, can have mistakes or omissions depending on the country, local "trademark offices" or the "Registration Administrators" and the trademark examiners. In consequence, the results of the search will not guarantee the registration or final granting of a trademark or domain name.

I. The "user" releases any such responsibility on the "Company" or its "agents" waiving any claim for indemnification due to error or because the information is incomplete, or because of the recommendations and propositions that the "company" made according to this information.

M. The "company" will be only responsible of the services contracted by the "user".

N. The "user," by virtue of accessing the "Web Site," or of using its services, expressly waives any indemnification, claim or right that he may have against the "company" and its representatives.

O. 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 and accepts, ab initio, to waive any indemnification.

P. The "User" is responsible for the information delivered in any request form available in our "web site", or sent by email by one of our accounts managers.

Under no circumstance the "Company" and the "agents" or employees will be responsible for any legal damage because of delays, errors and omissions in the information submitted by the "user", what normally leads to the loss of the registration request and/or other rights, in case of the trademarks and domains names registration.

Q. The "user" understands and thus expressly accepts that the trademark or domain search offered in the "web 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, until the trademark or domain have been conceded.

R. Under no circumstance will the "Company," its "Agents" and/or employees be responsible for any damages that the "User" may incur for the use of the "Web Site" or for any link to the site, except when expressly provided to the contrary. The extent of this limitation of responsibility is applicable to any damage of any nature, including, but not limited to, the loss of data and programs, losses in results, losses or interruptions of businesses, and third party claims.

S. The "User" is responsible for the risk he may take using this "web site" and for the contents obtained in the "web site".

T. 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.

U. The "fees" and taxes published in the "web 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.

V. The "company" reserves the right to change the content of the "web 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 "web site".

W. All "user" 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 "document" 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.

X. The "company" does not guarantee the exactness of the "web 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 "web site's" content.

Y. The "web 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, which may be accessed directly or indirectly through the aforementioned links.

Z. The "user" guarantees that the information to be provided to the "web site" or by email to one of our account manager for the purpose of using the services offered in the "web 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.

aa. 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".

bb. 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.

The "Company" and the "agents" are obligated to render the requested service after: it has received from the "User" the information required in the respective "Requested order for Service", payment of the respective "fees", and the "Power of Attorney", in such cases where this is necessary.

cc. 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. The "user" accepts and declares that, if he does not contract certain services within the term required by the "company," it will be assumed ipso jure that he relinquishes his interest in pursuing the processing of the respective "Service Order", terminating the specific contract, without any refund of money whatsoever by the "company.

dd. The "company" will not return the "fees" paid for errors or omissions made by the "user," including, but not limited to, a breach in the terms of this "document" and the delivery of incorrect information when submitting any "Service Order," or the incorrect modification of necessary information for the processing thereof.

ff. All communications between the "user" and the "company" will be via e-mail or fax and to the addresses of the contracting parties.

gg. The "document" 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.

hh. The Privacy Policies of the "web site" are an integral part of this "document."

 

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