Xibbon, Inc. Mobile App Terms of Service
These Terms of Service govern your use of El Pintador, our website located at https://el-pintador.com, and any related services provided by Xibbon, Inc..
When you use El Pintador, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Xibbon, Inc..
If you access or download El Pintador from Apple App Store you agree to any Usage Rules set forth in the App Store Terms of Service.
We, Xibbon, Inc., reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 13 December 2022.
Limitations of Use
By using El Pintador and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer El Pintador or any materials and software contained within El Pintador or on our website;
- remove any copyright or other proprietary notations from El Pintador or any materials and software contained within El Pintador or on our website;
- transfer El Pintador or any of its associated materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use El Pintador or any of its associated services in a way that abuses or disrupts our networks or any other service Xibbon, Inc. provides;
- use El Pintador or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use El Pintador or its associated services in violation of any applicable laws or regulations;
- use El Pintador to send unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use El Pintador or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials in El Pintador and on our website are owned by or licensed to Xibbon, Inc.. You may download El Pintador, to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Xibbon, Inc. at any time.
You retain your intellectual property ownership rights over content you submit to us for publication within El Pintador and/or on its corresponding website. We will never claim ownership of your content, but we do require a license from you in order to use it.
The license you grant us can be terminated at any time by deleting your content. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to download and install updates to El Pintador on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting El Pintador from your device.
El Pintador and the materials in El Pintador and on our website are provided on an 'as is' basis. To the extent permitted by law, Xibbon, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Xibbon, Inc. or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use El Pintador, our website, or any other services provided by Xibbon, Inc. or the materials in El Pintador, even if Xibbon, Inc. or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing in El Pintador or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Xibbon, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in El Pintador or on our website, or otherwise relating to such materials or on any resources linked to El Pintador and our website.
Xibbon, Inc. has not reviewed all of the sites linked to El Pintador or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Xibbon, Inc. of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Notice regarding Apple
To the extent that you are using or accessing El Pintador on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Xibbon, Inc. only, not with Apple Inc. (Apple), and Apple is not responsible for El Pintador and any materials available in El Pintador.
Apple has no obligation to furnish you with any maintenance and support services with respect to El Pintador.
If El Pintador fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to El Pintador and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to El Pintador or your use of El Pintador, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using El Pintador, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your right to use El Pintador and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of United States. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.