Terms and Conditions of Use

Dear user,

Please read the following Terms and Conditions of Use carefully. By simply using or accessing any of the pages that make up the website https://metallum99.com/ (the «Site»), you will be deemed to have accepted and agreed to be bound by the terms and conditions described herein.

If you do not agree with these Terms and Conditions of Use, you must refrain from using the Site.

1. Use and restrictions

Use of the Site constitutes the user’s full and unconditional acceptance of these Terms and Conditions of Use. Through the Site, the user may access and/or use various services and content (hereinafter, the «Services and Content») made available to users by METALLUM99. METALLUM99 shall have the right, at its sole discretion, to deny, restrict or condition the user’s access to the Site, in whole or in part, as well as to modify and update the Services and Content of the Site at any time and without prior notice.

It is strictly prohibited to use the Site for activities that involve violating or infringing the laws of the Republic of Ecuador or of the place where the services provided through the Site are used.

It is strictly prohibited to carry out «hacking» activities through the Site, understood as any act or series of acts carried out through or by means of the Internet involving the unauthorized deletion, appropriation, interference, damage or partial or total extraction of information, money or property belonging to third parties registered on the Internet for any purpose, including, without limitation, causing harm or obtaining an economic benefit for the person carrying out the act or for third parties.

It is strictly prohibited to develop mechanisms intended in any way to defraud METALLUM99. Likewise, it is strictly prohibited to use the Site as a means to defraud third parties.

The user acknowledges that not all Services and Content are available in all geographic areas.

METALLUM99 does not guarantee the availability or continuity of the operation of the Site or the Services and Content, nor the usefulness of the Site or the Services and Content in relation to any specific activity. METALLUM99 shall not be liable for any damage or loss of any nature that may be caused by the lack of availability or continuity of operation of the Site and/or the Services and Content.

2. Intellectual property

The intellectual property rights relating to the Services and Content and the distinctive signs and domains of the Site, as well as the rights of use and exploitation thereof, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of METALLUM99 and are protected by the applicable legislation of the Republic of Ecuador, including the Constitution of the Republic of Ecuador, Decision 486 of the Andean Community, the Commercial Code, the Organic Code of the Social Economy of Knowledge, Creativity and Innovation, and the Electronic Commerce, Electronic Signatures and Data Messages Law. The user does not acquire any intellectual property right merely by using the Services and Content, and at no time shall such use be considered an authorization or license to use the Services and Content for purposes other than those contemplated in these Terms and Conditions of Use.

3. Third-party intellectual property

The user agrees that the provisions set forth in section 2 above regarding ownership of the rights relating to the Site https://metallum99.com/ also apply to the rights of third parties with respect to the Services and Content of pages linked from the Site.

4. Permitted uses

Use of the Services and Content of the Site is the exclusive responsibility of the user, who must in all cases use them in accordance with the functionalities permitted by the Site and the uses authorized in these Terms and Conditions of Use. The user therefore agrees to use them in a manner that does not violate Internet rules of use and coexistence, the laws of the Republic of Ecuador and the applicable legislation in the country where the user accesses them, good customs, human dignity or the rights of third parties. The Site is intended for the user’s personal use, and the user may not commercially exploit the Services and Content in any manner.

5. Quality of services and content

METALLUM99, its directors, managers, officers, executives, employees, agents, contractors or other related natural or legal persons shall not assume liability for any damage and/or loss resulting from inaccuracies, typographical errors, or changes or improvements periodically made to the Services and Content, or from use of the website https://metallum99.com/, within the framework of the applicable Ecuadorian legislation.

METALLUM99 shall not be liable for damages that the user or users may suffer as a consequence of using the Site, except for those arising from willful misconduct or inexcusable fault on the part of METALLUM99, as applicable.

METALLUM99 is not responsible for, and does not endorse, information appearing on the Site that is not directly authored by METALLUM99.

METALLUM99 is not responsible for viruses that may be present on the Site and/or in messages sent through it and is therefore released from any liability for damage that such viruses may cause to the user or users.

METALLUM99 is not responsible for «hacking» activities that users may carry out to the detriment of another user’s account.

6. Confidentiality

METALLUM99 agrees to keep confidential any information received from the user that is of a confidential nature in accordance with the applicable laws of the Republic of Ecuador. METALLUM99 also undertakes to handle personal data that comes to its knowledge appropriately and to maintain due confidentiality in accordance with the Organic Law on Personal Data Protection.

METALLUM99 assumes no obligation to keep confidential any other information provided by the user, whether upon registering on the Site or at any later time, including information provided by the user through newsletters, bulletin boards or online chats, as well as information obtained by METALLUM99 through the Cookies described in section 8.

7. Use of non-confidential information

It is understood that information provided by users through our website https://metallum99.com/, including any data, suggestion or information sent through this medium, will be considered non-confidential. By submitting it, the user grants METALLUM99 an irrevocable and unrestricted license to use, copy, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments of any nature.

8. Cookies

The user who accesses the Site agrees to receive cookies transmitted by METALLUM99’s servers. A «Cookie» means a data file stored on the user’s computer hard drive when the user accesses the Site. Cookies may contain information such as identification provided by the user or information used to track the pages visited by the user. A Cookie cannot read data or information from the user’s hard drive or read Cookies created by other Sites or pages.

9. Secret keys and confidential numbers

At all times, the user is solely and ultimately responsible for keeping confidential card numbers, account numbers, secret keys and confidential numbers used to access the Services and Content of the Site, as well as third-party pages. Transactions carried out on the Site using the user’s card numbers, accounts, secret keys or confidential numbers constitute the user’s express will, which shall be deemed known by METALLUM99 when the user receives the corresponding acknowledgment of receipt.

10. Amendments

METALLUM99 shall have the right to modify these Terms and Conditions of Use at any time. Accordingly, the user must carefully read the Terms and Conditions of Use each time the user intends to use the Site. Certain Services and Content offered to users on and/or through the Site are subject to their own particular conditions that replace, supplement and/or modify these Terms and Conditions of Use (hereinafter, the «Particular Conditions»). Accordingly, the user must also carefully read the corresponding Particular Conditions before accessing any of the Services and Content.

11. Applicable law and jurisdiction

For the interpretation, compliance and enforcement of these terms and conditions, the parties agree that the laws in force in the Republic of Ecuador shall apply, expressly waiving any other venue or jurisdiction that may correspond to them by reason of their present or future domiciles and submitting to the jurisdiction and authority of the judicial bodies of the Republic of Ecuador.