Iconus

Terms and Conditions

Iconus´s User Agreement is formed by Terms of Service, Privacy Policy, Use Regulation and the terms of this Agreement.

Iconus Conditions of Service

These Terms of Service ("Conditions") govern access to the user, the use of the Services, email notifications, applications, buttons, widgets, ads, content, and any element recognized by Iconus placed at the disposal of the user ("Service"). The access and use of the Services are subject to your acceptance of and compliance with these Conditions. By accessing or using these Services, you agree to be bound by these Conditions. These Conditions of use generate legal rights and obligations. If you do not agree to comply with all these Conditions, you deny your access to and use of the Service.

1. Basic Conditions

You are responsible for the use of the Services, the Content posted via the Services and any other consequences resulting therefrom. The Content you submit or expose through the Services is public by default. If you have the need to share private content, you are responsible for the transmission and future distribution of the same. All public Content may be viewed, copied, forwarded, transmitted, and shared by other users and through services and third party websites.

You are responsible for your publications.

You will only be able to use these Services if you agree to a binding contract with Iconus and have the authorization to receive such Services according to the laws applicable to each entity, nation or agency. If you accept these Conditions and use the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so; otherwise, the account may be disabled and closed without any responsibility whatsoever for Iconus. You will only be able to make use of these Services in accordance with these Conditions and any applicable local, state, national, or international law, regulation, or regulation.

Iconus provides Services that are in constant change. The shape and nature of such Services may change from time to time without prior notice. In addition, Iconus may stop providing (permanently or temporarily) the Services (or any features within the Services) to you or to users in general, without prior notice. Iconus also reserves the right to set limits on use and storage at its sole understanding, at any time and without prior notice.

Services may include advertisements, which may be referred to the Content or information on the Services, queries made through the Services or other information. The type and extent of Iconus advertising on the Services are subject to change. In consideration of the fact that Iconus allows access to and use of the Services, you agree that Iconus, its external suppliers, and their partners may include advertising on the Services or in connection with the reproduction of the Content or information that you or others provide through our Services.

2. Objectionable Content

Objectionable content means any visual, textual or audio material that contains violence, sexual connotations, offenses and others that are sensitive, offensive and / or discriminatory.

Iconus aware the user that in any circumstance he would allow to share any kind of objectionable content, so Iconus reserves the right to cancel accounts in the following cases:

  1. The access to the service would be canceled if the user is determined to be a recurrent violator of the services and of the Terms and Conditions.
  2. Iconus reserves the right to decide if a Content violates the Terms and Conditions for violation of the rights of property or industrial property, offensive content for third parties, illegal content, content that contains illegal material, content that contravenes the law or Content that is harassing for others.

Iconus may, at any time, without prior notice and at its discretion remove content and / or cancel a user's account for posting material in violation of these Terms and Conditions.

Iconus maintains content filters so he can identify any kind of objectionable content, the users can also access to content markers so they can report to Iconus in case t that they found in this content.

Within a period of 24 hours, Iconus can eliminate the objectionable content if it is determined that it’s a type of content previously listed, by a marker for blocking users it could be blocked definitively without responsibility for Iconus.

3. Privacy Policy

Any information that you or other users provide to Iconus is subject to our privacy policy, which governs the collection and use of your information. You understand that, through the use of the Services, you consent to the collection and use (as indicated in the Privacy Policy) of this information — including the transfer to other countries for storage, processing, and use by Iconus. As part of the provision of the Services, we may send you certain communications (e.g., service announcements and administrative messages). These communications are considered part of the Services and your account, and you may not be able to choose not to receive them.

You can control most of the communications of Iconus´s Services — including the notifications on the activity related with you, its contents and its network, in addition to the Iconus updates. See your email and mobile notification settings for more information.

4. Passwords

You are responsible for protecting the password that you use to access the Services and for any other activity or action for which you need your password. We recommend that you use "safe" passwords (passwords that use a combination of uppercase and lowercase letters, numbers, and symbols) on your account. Iconus cannot be held responsible or liable for any loss or damage resulting from failure to comply with the above requirements.

5. Contents of the Services

The responsibility of all Content, published in a public or private manner, lies with the author of such Content. We cannot monitor or control the Content posted via the Services and we are not responsible for such Content. The use of or reliance on any Content or material reproduced through the Services or obtained through the Services is your sole responsibility.

We do not endorse, support, or guarantee that the Content or communications made through the Services are complete, truthful, accurate, or reliable, nor do we approve the views expressed through the Services. You understand that your use of the Services may expose you to Content that is offensive, harmful, inaccurate, or inappropriate, or in some cases, to improperly labeled or misleading messages. Iconus shall not be liable, under no circumstances and in any way whatsoever, for any Content, including, but not limited to, any errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Services or issued in other media.

6. User Rights

You are the owner of the rights over any Content that you submit, play, or disclose on or through, the Services of these. By sending, reproducing, or disclosure of Content on or through the Services, you grant Iconus a worldwide, non-exclusive, royalty-free (as well as the right to sub-license) license on the use, copying, reproduction, processing, adaptation, modification, publication, transmission, and distribution of such Content through any means or method of distribution, present or future.

This license allows you to give worldwide access to your icons in the Services and the rest of the users can do the same.

You agree that this license gives Iconus the right to provide, promote, and improve the Services and to make available to other companies, organizations, or individuals associated with Iconus, Content submitted through the Services for syndication, dissemination, distribution, or publication of such Content on other media and services, according to our terms and conditions for use.

Iconus has a set of changing standards that regulate the way in which members can interact with your Content. These standards have been developed in order to facilitate an open ecosystem with the rights of the user in mind. But what is yours, is yours. You own your own Content (and your photos are part of that Content).

Iconus and other companies, organizations, or individuals associated with Iconus may undertake such additional uses without compensating you in any way for the Content you submit, post, transmit, or make available through the Services.

Iconus can modify or adapt user Content of the user in order to transmit, display, or distribute it over the web, as well as in various media and/or make any necessary changes to adjust and adapt that Content to any requirement or limitation of networks, devices, services or media. The recognition that Iconus attaches to the authors for their Content does not respect or adhere to any copyright rule or law at the local, national or international level.

You are responsible for the use of the Services, for all Content that you provide, and any other consequences that this causes, including the use of your Content on the part of other users and third-party partners. You understand that your Content may be syndicated, transmitted, distributed, or published by our partners and that, if you do not possess the right to submit such Content for such use, the responsibility would be theirs. Under these Conditions, Iconus cannot be held responsible for any use of user Content by Iconus. You represent and warrant that you have all rights, power, and authority as necessary to grant the rights granted under this document for all Content that you submit.

7. User License to use the Services

Iconus provides a personal worldwide, royalty-free, non-transferable, non-exclusive license for the use of the software Iconus offers as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Services provided by Iconus as stipulated in these Conditions.

8. Rights of Iconus

All right, title, or interest in relation to the Services (except for the Content provided by users) are and shall remain the exclusive property of Iconus and its licensors. The Services are protected by copyright and trademark laws. These Conditions do not confer any right to use the name, trademarks, logos, domain names, and other distinctive characteristics of the Iconus brand. Any response, comments, or suggestions you provide with respect to Iconus or the Services is completely voluntary and Iconus is free to use such information, comments or suggestions as it deems appropriate without any obligation to the user.

9. Restrictions on the Content and Use of the Services

Review Iconus´s Rules (which are part of these Conditions) to better understand what is prohibited in the Service. We reserve the right at all times (but will not have the obligation) to remove or refuse to distribute any Content in the Services and to suspend or delete users or user names. We also reserve the right of access to any information, as well as read, preserve, and disclose such information, as we may deem necessary in order to

  1. Comply with any applicable law, regulation, legal process, or government request.
  2. Enforce all Conditions — including investigation of potential violations.
  3. Troubleshoot or prevent technical, fraud or security problems.
  4. Respond to support user requests.
  5. Protect the rights, property, or safety of Iconus, its users and the public.

Iconus does not disclose any personal information that could be used to identify third parties — except as provided in our Privacy Policy.

Iconus encourages and enables reuse of the Content of Iconus´s Services.

You are not authorized to perform any of the following actions when accessing or using the Services:

  1. To access, tamper with, or use non-public areas of the Services, any of Iconus´s computer systems or Iconus´s providers´s technical implementation systems.
  2. To browse, scan, or test the vulnerability of a system or network, or transfer or by-pass any security or authentication measures.
  3. To access, investigate, or attempt to access or investigate the Services through any method (automated or not) other than through the interfaces that Iconus has put in place and published (and only pursuant to any applicable terms and conditions), unless you have been specifically authorized to do so in an additional agreement with Iconus.
  4. To interfere with access (as well as to alter or try to alter it) by any user, server, or network.
10. Copyright Policy

Iconus respects the intellectual property of others, and expects that users of the Services do the same.

Iconus will respond to notices of alleged copyright infringement that comply with the current law and are provided in an appropriate manner. If you believe that your Content has been copied in a way that constitutes a violation of the Iconus´s copyright, Iconus will ask you to provide the following information:

  1. A physical or electronic signature of the owner of the copyrights or the person authorized to act on their behalf.
  2. Identification of the material that is subject to any allegedly-breached copyrights.
  3. Identification of the allegedly-breached material or which is allegedly subject to violation activity and must be removed or of which the access to should be prohibited, and any relevant information to allow the location of the material.
  4. The user's contact information — including address, phone number, and email address.
  5. The statement by the user who believes in good faith that the copyrights holder, its agent, or the law, has not authorized the use of the material according to the way in which it has been exposed.
  6. A statement confirming that the information in the notification is accurate, and under penalty of perjury, that the user is authorized to act on behalf of the holder of the copyright.

Iconus reserves the right to remove Content that allegedly violates these rights without prior notice, according to our exclusive understanding, and without liability to you. In certain circumstances, Iconus may also close the account of a user if it is determined that it has violated these provisions on more than one occasion.

11. Termination of these Conditions

The Conditions will continue to apply until termination thereof by you or Iconus in the following way:

You can terminate your legal agreement with Iconus at any time and for any reason by disabling your accounts and stop using the Services. You do not need to notify when you are finished using the Services. If you stop using the Services without disabling your accounts, Iconus may disable them due to prolonged inactivity in accordance with its policy of inactive accounts.

Iconus may suspend or cancel your accounts or stop providing all or part of the Services, at any time and for any reason, for the following reasons, among others: If Iconus believes

  1. That you have violated these Conditions or Iconus´s Rules.
  2. You create a risk or possible legal exposure for Iconus.
  3. That the provision of the Services by Iconus is no longer commercially viable for Iconus. Iconus shall make reasonable efforts to notify you via the email address associated with your account or the next time you try to access your account.

In such cases, all Conditions will be terminated — including, among others, your license to use the Services — except that the following sections will continue to apply: 4, 5, 7, 8, 10, 11, and 12.

No provision in this section shall affect Iconus´s rights to change, limit, or suspend the provision of the Services without prior notice, as provided for in Section 1.

12. Disclaimer and Limitation of Liability

Read this section carefully. It limits Iconus´s (and its parent, its subsidiaries, its affiliates, its related companies, officers, employees, agents, representatives, partners, and licensors — so-called "Iconus Entities") liability. Each subsection below applies only up to the maximum extent permitted under the applicable law. Some jurisdictions do not allow a disclaimer of implied warranties or the limitation of liability in contracts. Therefore, the contents of this section may not be applicable. No provision in this Section is intended to limit any rights available to you and that cannot be limited by law.

A. All Services are available "AS IS"

The access and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided "AS IS" and "AS AVAILABLE". Without prejudice of the foregoing, and to the maximum extent permitted by the applicable law, ALL ICONUS ENTITIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF COPYRIGHTS.

No Iconus Entities make representations or warranties and are exempt from any liability arising from the following:

  1. The completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content.
  2. Any damage to your computer system, loss of data, or any other damage arising from access to or the use of such Services or any Content
  3. The removal or failure of storage or transmission of any Content or other communication maintained by the Services.
  4. The fact that the Services will meet the requirements of the user or will be available, uninterrupted, secure, or error-free. No advice or information (whether oral or written), obtained from Iconus Entities or through the Services, will create any warranty not expressly stated herein.

B. Links

The Services may contain links to websites or third-party resources. You acknowledge and agree that the Iconus Entities are not responsible for the following.

  1. The availability or accuracy of such websites or resources.
  2. The Content, products, or services on these websites or resources, or which are available on such websites or resources. The links to these websites or resources do not imply endorsement by Iconus Entities to such sites or resources or the content, products, or services available on such sites or resources. You know and assume all liability and risk arising from the use of any of these websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE Iconus ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSS OF PROFITS OR PROFITS, WHETHER DIRECT OR INDIRECT, NOR FOR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, AS A RESULT OF:

  1. YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE.
  2. ANY CONTENT OR CONDUCT OF ANY THIRD PARTIES ON THE SERVICES, INCLUDING, AMONG OTHERS, ANY OFFENSIVE ACT OR ANY ACT OF DEFAMATION OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
  3. ANY CONTENT OBTAINED FROM THE SERVICES.
  4. UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION TO YOUR TRANSMISSIONS OR CONTENTS.
13. General Conditions

A. Assignment; Severability

Iconus´s inability to enforce any right or provision of these Conditions shall not be construed as a relinquishment of such right or provision. In the event that any provision of these Conditions is deemed invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Conditions shall remain in full force and effect.

B. Applicable Law and Competent Jurisdiction

These Conditions or any other action relating to them shall be governed by the laws in force in Mexico City, without regard to or applying the terms of conflict of laws of the state or country of residence of user. Any claims, legal proceedings, or litigation arising from or in connection with these Services will take place only in the courts of Mexico City, United Mexican States, and you consent to such jurisdiction and action in such courts and waive any objection as to the inconvenience of the forum.

C. Entire Agreement between the Parties

These Conditions, including Iconus´s Rules for Iconus Services and our Privacy Policy constitute the complete and exclusive agreement between Iconus and you in relation to the Services (excluding those services for which a separate agreement has been executed with Iconus which is considered to be an explicit addition to or replacement of these Conditions), and these conditions supersede and replace any prior agreements executed by you regarding Iconus and Services.

We may modify these Conditions from time to time. The most current versions will always be in Terms and Conditions of your account settings. In the event that modification is, according to our unique understanding, relevant, we will notify you by way of an update or an e-mail sent to the email address associated with your account. To continue accessing or using the Services after modification, you agree to be bound by the revised Conditions.