TERMS AND CONDITIONS FOR THE USE OF THE PLATFORM CLICKEART AGENCY

We welcome you to the CLICKEART AGENCY community, below are the Terms and Conditions, under which the provision of our services and use of the platform, which must be accepted as well as the privacy policy, to continue with the CLICKEART AGENCY experience, so you understand and agree that:

1. MODIFICATION: The Terms and Conditions may be periodically updated, without prior notice.
2. PURPOSE CLICKEART AGENCY is a venture dedicated to the development of technological tools such as software, web platforms, dashboard and solutions tailored to the requirements of our customers, following the latest trends in design, marketing and functionality which includes but is not limited to:
   • Include certain communications, such as service announcements, administrative messages which may not be blocked because they are essential for the Platform and its proper functioning.
   • The development of the platform is “AS IS” and that CLICKEART AGENCY is not responsible for the delay, deletion, mis-delivery or failure to save any User communication, or its personalization criteria.
   • To inform about trainings, CLICKEART AGENCY activities and topics related to digital marketing, technology and development.
   • Interact with those who contact us through the platform.
   • Obtain statistical information of people who enter the platform and actively publish or comment on interactions on the CLICKEART AGENCY web platform.
   • Conduct a demographic study in order to establish the different age, profession and gender groups relevant to CLICKEART AGENCY’s activities.
   • Conduct satisfaction surveys on the services provided.
   • To know, store and process all the information provided by data subjects in one or more databases, in the format they deem most convenient.
   • Manage procedures (requests, complaints, claims and requests) and conduct satisfaction surveys to customers and business partners of CLICKEART AGENCY.
   • Respond to requests, complaints, claims and requests.
   • Collect information on frequent uses, interactions and publications that you make through the CLICKEART AGENCY platform.
   • Receive and analyze content, communications and information provided to us by others when using our products.
   • Send marketing messages to those who provide us with information through the platform and those who are interested in CLICKEART AGENCY.
   • Develop, test and improve our Products.
   • Provide solutions to problems of operation of products and functions within the platform CLICKEART AGENCY its services and products.
   • Include your information about your interests, actions and connections so that you can be easily contacted for inquiries of your interest.
   • To disclose the information contained in the platform to our partners, collaborators, suppliers on mission of activities associated with our corporate purpose.
   • To store the data until they are required to offer the products and services of CLICKEART AGENCY, or until the account is deleted, whichever occurs first.
   • Promote security among users of the CLICKEART AGENCY platform, along with the integrity and protection of all shared information.
   • To track accounts and activities, to prevent disruptive behavior, spam, and other negative experiences, to maintain healthy interaction among all of our platform users both on and off the CLICKEART AGENCY Products.
3. GENERAL PRACTICES REGARDING USE AND STORAGE
   • CLICKEART AGENCY has no responsibility for the deletion or failure to store any content posted on the Platform by third parties.
   • The maximum storage capacity of content on the platform for the User will be according to the space on the servers which makes use CLICKEART AGENCY and the number of registered users which vary daily, as well as the maximum duration of each of the accesses, therefore the User agrees that CLICKEART AGENCY has no responsibility or liability for the deletion or failure to store messages or other communications, or any other Content maintained or transmitted by the Service.
4. WHO CAN USE THE SERVICE?
   • Persons over 18 years of age.
   • Minors under 18 years of age with the permission of a parent or guardian, who will be responsible for the supervision and use of the platform by minors.
   • Companies, legal entities and organizations which upon acceptance of these Terms and Conditions, it is understood that such entity accepts this Agreement.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER
   • You are responsible for obtaining access to the Service, which may include third party charges (such as Internet access provider or communications provider charges).
   • You are responsible for the creation of your User and all information registered therein must be true.
   • You are responsible for the material you enter to the platform, whether in your profile, blogs, events or any other space to which you have been allowed access for the publication of photos, videos, writings, audios or images.
   • Is responsible for maintaining and updating at all times the registration data in order to keep them true, correct, current and complete.
   • You are responsible for notifying CLICKEART AGENCY immediately of any unauthorized use of your password or account or any other breach of security.
   • You are responsible for the content you originate, whether information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted; therefore, CLICKEART AGENCY is not responsible for any content that you upload, post, email, transmit or otherwise make available via the Service.
   • It is the responsibility of the User to validate the truthfulness, completeness or accuracy, of any type of information made by other users within the CLICKEART AGENCY platform.
   • Several browsers or browsers, allow you to store passwords that are requested on some sites. Since other people may have access to this information, it is not recommended to make use of this option.
   • The entry of information to means of payment on the platform is entirely the responsibility of the User, for this reason CLICKEART AGENCY will not have access to this information or store related data.
   • It is the responsibility of the User to ensure the veracity, quality and safety of any material, whether visual, audio or of any kind, and therefore CLICKEART AGENCY is not responsible for the User’s computer system or loss of data resulting from the download of any of these materials.
   • User’s correspondence or business dealings with advertisers found on or through the CLICKEART AGENCY platform, or participation in their promotions, including payment and delivery of related goods or services, and any other Terms and Conditions, warranties or representations associated with such dealings, are User’s sole responsibility, shall be solely between the User and such advertiser, and CLICKEART AGENCY shall not be responsible or liable for any loss or damage of any kind incurred as the result of such agreements, or resulting from the presence of such advertisers on the CLICKEART AGENCY platform.
   • It is the User’s responsibility in case he or any of his family group has epileptic condition to consult his doctor before using the platform, because due to certain pattern of lights or monitor backgrounds may cause in a small percentage of users certain conditions that may induce certain epileptic episodes not connected. m.It is the responsibility of the User in case of experiencing any of the following symptoms such as, dizziness, high blood pressure, eye or muscle pain, loss of consciousness, disorientation, involuntary movements or convulsions, while using the service, to suspend access to the service and consult a doctor.
6. USE OF HYPERLINKS OR LINKS This site may contain hyperlinks to other Web sites. Access and use of such sites is at the User’s own risk. The creation of a hyperlink (link) to third party Web sites does not imply that CLICKEART AGENCY endorses or recommends the content, information or any of the products or services offered on such sites. CLICKEART AGENCY assumes no responsibility for the use of these sites or their terms of use and privacy policies.
7. GENERAL RESTRICTIONS CLICKEART AGENCY is a platform through which Clickeart offers technological services, framed in the regulations and laws applicable for this purpose, for which the following restrictions on the use of the service are made:
   • Make use of the brand CLICKEART AGENCY in any form and by any means.
   • The use of any type of material made, published or reproduced on the CLICKEART AGENCY platform, with the intention of child exploitation, which is fully penalized according to Colombian law.
   • All those conducts that go against copyright and that are identified in the Colombian law.
   • Upload, post, email, transmit, or otherwise make available any Content that you do not have the right to transmit by law or under contractual or fiduciary relationship (such as inside, proprietary and confidential information acquired or delivered as part of employment relationships or under confidentiality agreements).
   • Upload or disseminate by any means provided by the CLICKEART AGENCY platform, material that contains software viruses, malware, computer worms, or any other computer code, files or programs designed to interrupt, destroy, copy, clone, steal or limit the operation of any software, hardware or telecommunications equipment.
   • Promote and carry out hate messages through the CLICKEART AGENCY platform and its facilitated tools.
   • Interfere with or disrupt the Service, servers, or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to CLICKEART AGENCY.
   • Stalk or otherwise harass any third party.
   • Make use of the CLICKEART AGENCY platform, or any of its associated services, for the promotion or realization of crimes punishable by law.
8. APPLICABLE LAW AND JURISDICTION These Terms and Conditions of Use are governed by Colombian Law. Any dispute arising from the use of this site shall be submitted to the jurisdiction of the competent courts and tribunals of the city of Bogotá D.C., Colombia. Recognizing the global nature of the Internet, the User agrees to obey all local rules regarding online conduct and acceptable content. Specifically, the User agrees to obey all applicable laws regarding the transmission of technical data exported from Colombia and the country where the User resides.
9. INDEMNITY The User agrees to indemnify and hold harmless CLICKEART AGENCY, its parent, subsidiaries, companies under common control, affiliates, authorities, agents, associates or other partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, initiated by third parties due to or arising out of the content that the User, view, submit, post, transmit, listen to or make available through the CLICKEART AGENCY platform, the use of the services associated with the CLICKEART AGENCY platform, your connection to the service, your violation of the Terms and Conditions, or your violation of the rights of a third party.
10. WARRANTIES The User expressly understands, accepts and agrees that:
    • The CLICKEART AGENCY platform and services are for general purposes and therefore will not be expressly tailored to the User’s needs.
    • The service and platform may have bugs, errors and interruptions, software errors.
    • The services offered by third parties must be validated directly by the User.
    • CLICKEART AGENCY does not guarantee any of the conditions of suppliers, or services offered by artists or other users.
    • CLICKEART AGENCY makes no warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    • CLICKEART AGENCY does not guarantee the quality, quality or safety of any material downloaded, installed or used by the User.
    • No oral or written communication information obtained by the User from CLICKEART AGENCY shall constitute any warranty, unless explicitly stated in the Terms and Conditions.
11. LIMITATION OF LIABILITY The User expressly understands, accepts and agrees that:
    • CLICKEART AGENCY shall not be liable for any direct or indirect, foreseen and unforeseen, intrinsic or extrinsic damages, interest or injury, including but not limited to:
      • Loss of profits.
      • Loss of goodwill, use, data or other loss of intangibles.
      • The impossibility of the User to make use of the CLICKEART AGENCY Platform and related services.
      • The cost of obtaining services, goods.
      • Unauthorized access to or alteration of your transmissions.
      • The statements or conduct of any other User or third party on the Platform CLICKEART AGENCY and related services.

12. PROCEDURE FOR MAKING CLAIMS. In CLICKEART AGENCY respect and promote respect for the rights of our stakeholders, and in the habit of creating timely responses to your PQRS we put at your disposal the mail contacto@clickeartagtency.com

    DEFINITIONS

    USER: Natural or legal person who enters the CLICKEART web platform to view, interact, register, sell, buy or interact in any way with the platform, associated services and social purpose of CLICKEART, and that through this act accepts the Terms and Conditions.

    CLICKEART AGENCY: Web-app platform for the management, communication and promotion of all services associated with Clickeart Agency according to the terms described herein.

    ALL TERMS AND CONDITIONS EXPRESSED HEREIN APPLY TO THE CLICKEART AGENCY COMPANIES, ITS CONTRACTING, CONTROLLING, CONTROLLED OR UNDER COMMON CONTROL COMPANIES. CLICKEART AGENCY reserves the right to modify the present Terms and Conditions at any time at its sole discretion and in accordance with the legal framework.

    Updated September 12, 2022