Terms and Conditions of Use
These Terms of Use were last updated on December 28, 2023.
1. Introduction
1.1. WELCOME TO AMARANTO ARQUITECTURA
AMARANTO ARQUITECTURA offers its Services (as described below) through its website (www.amarantoarquitectura.com) and other interactive properties, which AMARANTO ARQUITECTURA owns and operates, subject to the following Terms of Use.
The Site is an online community for creative professionals. On the Site, users can access or purchase courses available there, post photographs, images, and videos, share comments, opinions, and ideas, promote their work, and participate in contests and promotions (collectively, these Services, including any new features and applications, and the Site). The Services include, but are not limited to, any services or content that AMARANTO ARQUITECTURA makes available or performs for you, as well as the provision of any materials displayed, transmitted, or performed on the Site.
1.2. ACCEPTANCE OF TERMS OF USE
These Terms of Use are established by and between you and AMARANTO ARQUITECTURA. The following terms, together with any documents expressly incorporated by reference (collectively, the "Terms of Use"), will govern your access to and use of the Services, whether as a guest or a registered user.
Please read the Terms of Use carefully before you begin using the Services. By using the Services and accessing the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy (https://www.amarantoarquitectura.com/privacy-policy), incorporated herein by reference, and to comply with the contents of both documents. If you do not agree to these Terms of Use, or our Privacy Policy, please exit this page immediately without accessing or using the Services.
If you are using the Services on behalf of a business, that business also agrees to these Terms of Use.
1.3. CHANGES TO THE TERMS OF USE
We may periodically revise and update these Terms of Use at our sole discretion. If we change these Terms of Use, depending on the nature of the change, we will post the changes on this page and indicate at the top of the page the date these Terms of Use were last revised or notify you, either through the Services user interface, an email notification, or other reasonable means, and as required by applicable law. These changes will be effective no earlier than fourteen (14) days after posting, except for changes made due to new features of the Services or for legal reasons, which will be effective immediately. By continuing to use the Services after the revised Terms of Use are posted, you accept and agree to the changes. You are expected to periodically review this page to be aware of any changes, as you are bound by them.
2. ACCESS TO SERVICES AND ACCOUNT SECURITY
2.1. ACCESS TO SERVICES
AMARANTO ARQUITECTURA reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without prior notice. You agree that AMARANTO ARQUITECTURA will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. We will also not be liable if, for any reason, the Services, in whole or in part, are unavailable at any time or for any period. We may occasionally restrict access to some parts of the Services, or all of them, to users, including registered users.
We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided to you, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. The Services can be accessed from anywhere in the world, but this does not imply that all Services, or all features of the Services, are available in your country, or that User Contributions (as defined below) available through the Services are legal in your country. AMARANTO ARQUITECTURA may block access to certain Services (or particular features or content of the Services) in certain countries. You should ensure that your use of the Services is legal in your country of residence. The Services are not available in all languages.
The Services are available only to users aged 16 or older; if you are not yet of the required age of consent to use online services where you live, you may not use them, but we encourage you to invite a parent or legal guardian to open an account and assist you in accessing content that is appropriate for you. If you are not yet of the age of consent to use online services, you should not access the Services. If we discover that you have created an account that violates these rules, we will terminate that account.
2.2. REGISTRATION
To access the Site or some of the Services offered therein, we may ask you to provide certain registration details or other information. You agree to: (a) provide true, accurate, current, and complete information about yourself on the registration form and (b) maintain and promptly update this information to keep it true, accurate, current, and complete. If you provide any information that is not true, accurate, current, and complete, or if AMARANTO ARQUITECTURA has reasonable grounds to suspect that such information is not true, accurate, current, and complete, AMARANTO ARQUITECTURA has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree that all information you provide to register for the Services or through any other means, including, but not limited to, through the use of any interactive features, will be governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
2.3. ACCOUNT SECURITY
If you choose, or we provide you with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or any part of them using your username, password, or other security information. You must safeguard your login credentials; you are solely responsible for all activities that occur through your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should be particularly cautious when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. AMARANTO ARQUITECTURA is not liable for any actions or omissions on your part, including any damages of any kind incurred as a result of such actions or omissions.
3. USER CONDUCT
3.1. USE OF THE SERVICE
We offer the Site and the Service solely for your personal, non-commercial use. Unless expressly authorized in writing by AMARANTO ARQUITECTURA, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the Service, use of the Service, or access to the Service.
The Service may not be used or utilized as a means to store your photographs, images, videos, sounds, or any other content you upload; you must retain your own copies of all content posted on the Site. We are under no obligation to retain any content you have posted for any period of time beyond what is required by applicable law.
3.2. PROHIBITED USES
You hereby agree not to use the Services for any unlawful purpose or any purpose prohibited by these Terms of Use, or for any other purpose not reasonably anticipated by AMARANTO ARQUITECTURA. By way of example only, without limitation, you agree not to use the Services:
In a manner that violates any local, regional, national, or international law or regulation.
To (or attempt to) abuse, harm, harass, threaten, impersonate, or intimidate any person.
To intentionally send, receive, upload, post, download, use, or reuse any material or content that (i) contains unlawful, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any person or entity; (iv) violates the legal rights (including the rights of publicity and privacy) of any third party or contains any material that could create any civil or criminal liability under applicable law or regulation or otherwise conflict with these Terms of Use; (v) is likely to deceive any person; (vi) promotes any illegal activity, or advocates, promotes or encourages any unlawful act; (vii) irritates, annoys or causes needless anxiety, or is likely to anger, inconvenience, alarm or annoy any other person; (viii) impersonates any person or misrepresents your identity or affiliation with any person or organization; (ix) involves commercial activities or offers, such as contests, sweepstakes and other sales promotions, redemptions or advertising campaigns; (x) or give the impression that it emanates from AMARANTO ARQUITECTURA, or that the company or any other person or entity endorses it, if this is not the case.
To transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation, or to collect or harvest email addresses or other contact information from other users of the Services by electronic or other means for the purpose of sending unsolicited email or other communications.
To impersonate or attempt to impersonate AMARANTO ARQUITECTURA, an AMARANTO ARQUITECTURA employee, another user, or any other person or entity (including, but not limited to, using email addresses or screen names associated with any of the foregoing), or to misrepresent your affiliation with a person or entity.
To create multiple accounts for the purpose of manipulating (i.e., through "Like" voting) a user's projects, artificially inflating or altering "Like" votes, comments, etc., giving or receiving money or other compensation in exchange for "Like" votes, or participating in any other organized initiative that, in any way, artificially alters the results of the Services.
To engage in any other behavior that restricts or inhibits any person from using or enjoying the Services, or that, as we may determine, may harm AMARANTO ARQUITECTURA or users of the Services, or expose them to liability.
Furthermore, you agree not to:
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Bypass any measures we may take to prevent or restrict access to the Services.
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Use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party's use of the Site, including their ability to engage in real-time activities through the Site.
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Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
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Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
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Use any device, software, or routine that interferes with the proper working of the Services.
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Introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
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Obtain or attempt to obtain materials or information through any means not intentionally made available or provided for through the Service.
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Attempt to access without authorization, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any services, computers, or databases connected to the Services, or the private accounts of other users.
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Attack the Services via a denial-of-service attack or distributed denial-of-service attack.
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Attempt in any other way to interfere with the proper working of the Services.
AMARANTO ARQUITECTURA shall have the right to remove any content that violates the Terms of Use or is otherwise unacceptable.
If you suspect a violation of these Terms of Use (other than copyright infringement notices, as described below), please contact us at amaranto.arq@gmail.com.
4. DISPUTES BETWEEN USERS
You agree that you are solely responsible for your interactions with any other user in connection with the Service and that AMARANTO ARQUITECTURA shall have no liability in any such matter. AMARANTO ARQUITECTURA reserves the right, but has no obligation, to intervene in any manner in disputes between you and any other user of the Service.
5. INTELLECTUAL PROPERTY
5.1. AMARANTO ARQUITECTURA INTELLECTUAL PROPERTY RIGHTS
The Services and related features, functions, and content (including, but not limited to, information, text, displays, images, video, audio, design, selection, and arrangement) are the property of AMARANTO ARQUITECTURA, its licensors, or other providers of such materials, and are protected under Mexican and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website solely for your personal, non-commercial use. By accessing the Services or purchasing a course, we grant you a limited, non-exclusive, non-transferable license to access AMARANTO ARQUITECTURA content and view courses through the Services solely in streaming format for that purpose. Except for the limited license mentioned above, no right, title, or interest in or to the Services or any content thereon is transferred to you, and AMARANTO ARQUITECTURA reserves all rights not expressly granted. AMARANTO ARQUITECTURA may revoke this license at any time and in its sole discretion. You may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit any of the materials on our Services.
The AMARANTO ARQUITECTURA name and logo, as well as all related names, logos, product and service names, designs, and slogans, are trademarks of AMARANTO ARQUITECTURA, its affiliates, or licensors. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Service are trademarks of their respective owners.
You must not remove or alter any copyright, trademark, or other proprietary rights notices from any material on the Site.
Using the Site in any manner not expressly permitted by these Terms of Use will constitute a breach of these Terms of Use and may violate copyright, trademark, or other laws.
5.2. USER CONTRIBUTIONS
You retain all rights and ownership of your photographs, images, videos, sounds, or any other content or materials that you upload through the Services or share with other users or recipients. AMARANTO ARQUITECTURA does not claim any ownership rights in your User Contributions. However, by providing or uploading any User Contribution, you hereby grant AMARANTO ARQUITECTURA, its affiliated companies, and its service providers (and each of their respective licensors, successors, and assigns) a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, reproduce, upload, store, distribute (through multiple tiers of distribution and partnerships), modify, adapt, publicly perform, publicly display, publish, use, and fully exploit such User Contribution in any media, form, technology, or distribution method now known or hereafter developed, and for any purpose (commercial or otherwise). AMARANTO ARQUITECTURA will always give you appropriate credit when using your User Contributions. Additionally, by uploading your User Contributions, you grant other AMARANTO ARQUITECTURA users, visitors, and faculty the right to share such User Contributions through the social media platforms integrated with AMARANTO ARQUITECTURA (such as Instagram, Pinterest, Facebook, or Twitter). To terminate this license at any time, remove your User Contributions from the Services. To the extent reasonable, AMARANTO ARQUITECTURA will endeavor to remove such content from the Services if you choose to delete it, but you should be aware that caching or references to such content may not be immediately unavailable. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information relevant to the Service that you provide to AMARANTO ARQUITECTURA, its affiliates, and its service providers (and each of their and their respective licensors, successors, and assigns) and to other users, visitors, and faculty of AMARANTO ARQUITECTURA will be treated as non-confidential and that such parties shall be entitled to use and disseminate these Submissions without restriction in perpetuity for any purpose, commercial or otherwise, in any manner and media without acknowledgment or compensation to you.
You represent and warrant that: (i) you own or control all right, title, and interest in and to the User Contributions and have the right to grant the licenses granted above; and (ii) all of your User Contributions and all of your Submissions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for all User Contributions and all Submissions that you submit or contribute, and you, not AMARANTO ARQUITECTURA, are entirely responsible for such content, including its legality, reliability, accuracy, and appropriateness.
AMARANTO ARQUITECTURA is not responsible or liable to anyone for the content or accuracy of any User Contributions or Submissions posted by you or any other user of the Services (including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of such content). You acknowledge that AMARANTO ARQUITECTURA does not pre-screen content and that AMARANTO ARQUITECTURA and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content available via the Services. Without limiting the foregoing, AMARANTO ARQUITECTURA and its designees shall have the right to remove any content that violates these Terms of Use or that AMARANTO ARQUITECTURA deems, in its sole discretion, unacceptable for any reason.
We are under no obligation to retain any User Contributions you have posted for any period of time beyond what is required by applicable law.
You also understand and acknowledge that third parties may unlawfully copy, without your or our consent, your User Contributions posted on the Services despite our reasonable efforts to prevent such unlawful activities. You agree and understand that AMARANTO ARQUITECTURA shall not be liable to you for any unlawful copying of your User Contributions.
5.3. COPYRIGHT COMPLAINTS AND COUNTERNOTICES
AMARANTO ARQUITECTURA respects the intellectual property of others, and we ask our users to do the same. We have adopted the following policy regarding copyright infringement in connection with the Services in accordance with the Digital Millennium Copyright Act ("DMCA").
If you believe in good faith that the Site hosts content that infringes your copyright, please notify us by submitting a notice to our copyright agent at amaranto.arq@gmail.com. Your notice must include ALL of the following information:
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Identification of the copyrighted work(s) claimed to be infringing.
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Identification of the claimed infringing material, and information reasonably sufficient to permit us to locate the material (i.e., the URL).
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Contact information so we can contact you (address, telephone number, and email address).
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A statement by you that you have a good faith belief that neither the copyright owner, its agent, nor the law authorizes use of the material in the manner complained of.
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A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Before filing a notice of infringement, carefully consider whether your use of the copyrighted material in question is protected by the "fair use" doctrine, as you may be subject to costs and attorneys' fees if you file a takedown notice when, in fact, no infringing use exists. Please also ensure that you have not authorized the use in question (for example, if you have granted a creative professional who has prepared materials for your company the right to use those materials as examples of their prior work). If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. We also recommend that you consult publicly available reference materials, such as those on the United Mexican States copyright website (https://www.diputados.gob.mx/LeyesBiblio/pdf/LFDA.pdf).
AMARANTO ARQUITECTURA will respond promptly to valid DMCA requests. In all cases, you will hear from us within 14 days of the complaint being filed.
After removing access to the material, pursuant to a valid DMCA notice, AMARANTO ARQUITECTURA will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. AMARANTO ARQUITECTURA reserves the right, in its sole discretion, to immediately terminate the account of any member who repeatedly receives DMCA notifications.
If you believe that AMARANTO ARQUITECTURA has removed or disabled access to your content as a result of a notice of improper copyright infringement, please send our copyright agent (contact information provided above) a written counter-notice containing the following information:
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A description of the improperly removed work, along with your username and the location on the Site where the content appeared before it was removed or disabled.
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Contact information so we can reach you (address, phone number, and email address).
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A statement, signed by you under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
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A statement that you consent to the jurisdiction of the Southern District of New York and accept service of process from the person who notified you of the alleged infringement.
Before filing a counter-notice, carefully consider whether your use of the copyrighted material in question caused infringement, as you may be liable for costs and attorneys' fees if the court finds that your counter-notice misrepresents that the material was removed in error.
If you are unsure whether your use of the material in question constitutes infringement, please contact an attorney. We also recommend that you consult publicly available reference materials, such as those on the United Mexican States copyright website (https://www.diputados.gob.mx/LeyesBiblio/pdf/LFDA.pdf).
Upon receiving a valid counter-notice, AMARANTO ARQUITECTURA will forward it to the party who filed the original DMCA notification. That party (or the copyright owner they represent) will have ten (10) days to notify us that they have filed a legal action against the allegedly infringing material. If AMARANTO ARQUITECTURA does not receive this notification within ten (10) days, we may restore the material to the Services.
6. MONITORING AND ENFORCEMENT; TERMINATION
AMARANTO ARQUITECTURA has the right to:
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Remove any User Contribution or Submission for any or no reason, and in our sole discretion.
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Take any action with respect to any User Contribution that we deem necessary or appropriate, in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or may create liability for AMARANTO ARQUITECTURA.
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Disclose your identity or other information about you to any third party who claims that material you posted violates their rights, including their intellectual property rights or privacy rights.
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Take appropriate legal action, including but not limited to referring the matter to law enforcement, for any illegal or unauthorized use of the Services.
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Terminate or suspend your access to the Services, in whole or in part, for any or no reason, including, but not limited to, (i) any violation of these Terms of Use, (ii) non-payment of any amounts you owe, (iii) the submission of fraudulent chargeback requests, (iv) if we suspect that you are engaging in fraudulent or illegal activity, or (v) for any other reason, in our sole reasonable discretion.
You agree that any termination of your access to the Service under any provision of these Terms of Use may be effective without prior notice, and you acknowledge and agree that AMARANTO ARQUITECTURA may immediately deactivate or delete your account, as well as all related information and files within your account, or bar any further access to such files or the Service. You further agree that AMARANTO ARQUITECTURA will not be liable to you or any third party for any termination of your access to the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES OR AS A RESULT OF THEIR INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THOSE PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Service, nor can we ensure prompt removal of objectionable material once it has been posted. Accordingly, we assume no responsibility for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability to anyone for performance or nonperformance of the activities described in this section.
7. RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant that this information is accurate, complete, or useful. You should rely on this information strictly at your own risk. We disclaim any liability arising from any reliance placed on these materials by you, any other visitor to the Services, or anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers, licensors, syndicators, aggregators, or reporting services. AMARANTO ARQUITECTURA has not reviewed, and cannot review, all of the materials posted on the Services. All statements or opinions expressed in these materials, and all articles, responses to questions, and other content, other than the content provided by AMARANTO ARQUITECTURA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of AMARANTO ARQUITECTURA. We are not responsible, either to you or to any third party, for the content or accuracy of any materials provided by any third party.
8. LINKS FROM THE SERVICES
If we, or third parties, provide links to other third-party sites and resources, these links are provided solely as a convenience to you. Examples may include links contained in advertisements, including banner ads and sponsored links. We have no control over the contents of these sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Services, you do so entirely at your own risk and in accordance with the terms of use for those websites. AMARANTO ARQUITECTURA reserves the right to remove any links provided by third parties on the Services.
9. FEES
A fee is required to use the online courses and other Services (such as subscription plans) offered by AMARANTO ARQUITECTURA. You agree to pay the fees for the content you purchase and authorize AMARANTO ARQUITECTURA to charge you for the Services using the payment method you select. Fees will be charged whether or not you use the purchased Services. You are responsible for promptly paying all fees charged by AMARANTO ARQUITECTURA, as well as any applicable taxes. We reserve the right to disable or remove access to any content for which we have not received proper payment.
Fees may vary depending on your location and other factors.
The final fees we charge you will always be calculated in Mexican Pesos (MXN); therefore, these final fees may vary based on the prevailing currency exchange rates offered by our payment providers.
Occasionally, we run promotions and sales for our content, in which certain content is available at discounted prices for a period of time. The price applicable to the content will be the price at the time you purchased the content.
You will provide AMARANTO ARQUITECTURA with information about your credit card or other payment instrument. You represent and warrant that (a) this information is true, accurate, current, and complete, and that you are authorized to use this payment instrument, and (b) you will maintain and promptly update this information to keep it true, accurate, current, and complete. You agree that AMARANTO ARQUITECTURA may update your payment methods with the information our payment service providers provide to us, and you authorize us to continue charging the then-current fees to your updated payment method.
AMARANTO ARQUITECTURA reserves the right, at any time, to change any fees or begin charging for any previously free Service, at its sole discretion. Any changes, updates, or modifications will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to their implementation). Additional terms for our subscription plans are set forth in Section
10.
10. SUBSCRIPTION TERMS
This section addresses the additional terms that apply to your use of any subscription plan that AMARANTO ARQUITECTURA may offer with respect to our Services. By using a subscription plan, you agree to the additional terms in this section.
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Subscription Plan: During your subscription to a subscription plan, we grant you a limited, non-exclusive, non-transferable license to access and view the content included in that subscription plan through the Services. The subscription you purchase or renew determines the scope, features, terms, and price of your access to that subscription plan. You may not transfer, assign, or share your subscription with anyone else. Your subscription plan will be valid for the agreed-upon term and will automatically renew thereafter according to the subscription frequency (e.g., monthly or annually), unless you cancel your subscription by giving us advance notice at the end of the subscription plan term.
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Cancellation and Refunds: You may cancel your subscription plan at any time before the end of the current subscription period or free trial period. Cancellation will only take effect at the end of your current subscription period (or at the end of your free trial), and you will continue to have access to the Subscription Services until the end of your current subscription period. While your subscription will not be renewed, we will not refund any subscription fees you have previously paid to us. You will be able to enjoy our Services immediately after registering. You acknowledge that by registering for a subscription plan, you agree to the immediate provision of digital content and therefore lose your right to cancel the subscription plan.
11. GIFT CARDS
AMARANTO ARQUITECTURA or our partners may offer gift cards that can be used to purchase courses that are subject to the terms of your gift card. To redeem your gift card, you must have or create a valid AMARANTO ARQUITECTURA account. AMARANTO ARQUITECTURA gift cards may not be resold without the express written authorization of AMARANTO ARQUITECTURA. They are non-refundable and cannot be exchanged for cash or any cash equivalent, except as required by law. Gift cards offered by partners are subject to that partner's policy.
AMARANTO ARQUITECTURA is not responsible for lost or stolen gift cards, or for unauthorized use. AMARANTO ARQUITECTURA may refuse or cancel a gift card and request another form of payment if it suspects the gift card may have been stolen or used fraudulently. It may also take additional measures. Any use of gift cards that in any way states or implies that AMARANTO ARQUITECTURA has endorsed or sponsored a person, website, company, product, or service, or that it has any affiliation with AMARANTO ARQUITECTURA, is strictly prohibited without the prior written approval of AMARANTO ARQUITECTURA. Gift cards purchased from unauthorized resellers, vendors, or distributors will not be considered valid, and AMARANTO ARQUITECTURA will not be held responsible for them.
12. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee that files available for downloading from the Internet or the Services are free of viruses or other destructive code. You should implement sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output; you should also have a means external to our site to restore any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER SYSTEM, COMPUTER PROGRAMS, DATA, OR OTHER PROPERTY DUE TO YOUR USE OF THE SITE OR ANY SERVICES, OBTAINING ANY ITEMS THROUGH THE SERVICES, OR DOWNLOADING ANY MATERIAL POSTED ON THE SITE OR ANY WEBSITES LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANT OR REPRESENT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANT OR REPRESENT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, VIRUS-FREE, UNINTERRUPTED, THAT RELATED DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER FROM WHICH IT IS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Amaranto Arquitectura, its affiliated companies, or their licensors, service providers, employees, agents, officers, or directors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Site, any websites linked to it, any content on the Site or other websites, or any services or items obtained through the Site or such other websites, including but not limited to: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL FATIGUE, LOSS OF REVENUE, PROFITS, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS, USE, GOODWILL, OR DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. AMARANTO ARQUITECTURA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO AMARANTO ARQUITECTURA IN THE PAST SIX (6) MONTHS.
IN SOME JURISDICTIONS, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE OPTION IS TO DISCONTINUE USING IT.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless AMARANTO ARQUITECTURA, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, proceedings, judgments, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or in connection with your violation of these Terms of Use or your stated manner of use of the Service, including, but not limited to, your User Contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained through the Service.
15. TIME LIMITATION FOR BRINGING CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER ASSERTING ANY CAUSE OF ACTION; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM WILL BE PERMANENTLY BARRED.
16. WAIVER AND SEVERABILITY
No waiver by AMARANTO ARQUITECTURA of any condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such condition or a waiver of any other condition, and AMARANTO ARQUITECTURA's failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If a court or other tribunal of competent jurisdiction declares any provision of these Terms of Use to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the other provisions of the Terms of Use will continue in full force and effect.
17. NO THIRD-PARTY BENEFICIARIES AND ASSIGNMENT
You agree that, except as expressly provided otherwise in these Terms of Use, there shall be no third-party beneficiaries to this agreement. You may not assign these Terms of Use without AMARANTO ARQUITECTURA's prior written consent, but AMARANTO ARQUITECTURA may assign or transfer these Terms of Use, in whole or in part, without restriction.
18. ENTIRE AGREEMENT
The Terms of Use constitute the sole and entire agreement between you and AMARANTO ARQUITECTURA with respect to the Services and supersede all prior written and oral understandings, representations, warranties, and agreements related to the Services.
19. LANGUAGE
Any version of these Terms of Use in a language other than Spanish is provided for your convenience, and you understand and agree that the Spanish version will prevail in the event of any conflict.
20. YOUR COMMENTS AND QUESTIONS
You may send us any feedback, comments, requests for technical support, or any other communication related to the Services through our web form or by email at amaranto.arq@gmail.com.