Effective: October 1, 2022
WARNING: The Oninder website and the oninder software package, including but not limited to computer and mobile software (collectively, the ""app"") can be used or used to transmit sexually explicit material for people 18 years or more. If you are under 18, if said material offends it or if it is illegal to see such material in your jurisdiction, do not continue.
This document contains important terms and conditions that affect your legal rights and resources. The use of the app is the acceptance on its part of these terms and conditions. The terms ""you"", ""your"", ""yours"", ""yours"" and ""yours"" refer to all users, and/or any user of the app. The terms ""their"", ""their"", ""we"" , ""us"", ""ours"" and ""Oninder"" refer totally or partially to International Dreamlove S.A. owner and operator of websites, including ""www.oninder.com"", and its related subsidiaries and affiliates (hereinafter ""the company"" or ""Oninder""). Our software products, services and applications include oninder App. The ""terms and conditions"" will be called the ""agreement"", and expressly incorporates the privacy policy and the end user license agreement.
The agreement constitutes a legally binding contract between you and International Dreamlove S.A. Please read them carefully. When using the app, or any of our other products or services that are linked to these terms (the ""services""), you accept the agreement. If you do not want to accept this agreement, do not download or use the app, or uninstall and eliminate immediately The app of your computer or mobile device.
Arbitration warning and law choice. These terms contain an arbitration clause and a clause of election of law. Except for certain types of disputes mentioned in that arbitration clause, you and Oninder agree that disputes between us will be resolved through a mandatory binding arbitration established in the agreement, between you and oninder they renounce any right to participate in a collective demand or arbitration .
1. User behavior
a. Who can use the services
No one under 18 can download the app, create an account, or use services.
when using services, recognize that: I. It has the ability and desire to form a binding contract with the company.
1) It will comply with these terms and with all local, state, national and international laws and international regulations.
2) If you are using the services on behalf of a company or any other entity, it recognizes that it is authorized with full capacity to accept these terms on behalf of the company or entity.
3) When using the application and services, it also recognizes that it has reviewed and that it accepts the terms of the company's privacy policy and the end user license agreement.
b. RULES AND RIGHTS Yo. The company gives it a personal, non -negotiable, not exclusive and revocable right to access and use services. This license has the sole purpose of allowing you to use and enjoy services according to these terms and our policies.
II. You cannot copy, modify, distribute, sell or lease any part of our services, nor can you perform reverse engineering or try to extract the source code of that software, unless the laws prohibit these restrictions or have our written permission to do so.
c. Our rights Yo. Many of our services allow you to create, load, publish, send, receive and store content. It retains the property rights of that content. By using services, it gives us a license to use that content subject to our privacy policy. The amplitude of that license depends on the services you use and the configuration you have selected.
II. The services allow you to transmit text messages, images, audio, video, vibration patterns and other information (collectively, the ""content"") through the app. The content is stored on our servers for seven days, then automatically eliminated ; However, text messages sent by a user to a connected recipient are transmitted directly to the recipient and are not stored on our servers. The content of the videos transmitted by users through Oninder App is not collected by the company; However, the company can collect the name of the video, the duration of the video, the video format and the unique video code. All information will be deleted in 30 days. The information published in APP with private chat, including publications, is stored until it is deleted by the user, by the company at the request of the user, or by the company to its exclusive criteria for any reason or without it. Your privacy is very important to us and, if you have any questions about the storage or use of the information transmitted by you using any of the Oninder apps, you must communicate with Oninder directly by email: support@oninder.com
III. We respect your privacy and, as a policy, we do not review the content transmitted by our users, unless the law requires in certain circumstances. However, you are solely responsible for the content you create, upload, publish, send or store through service.
IV. The services can contain ads. You accept that we, our affiliates and our external partners can place advertising in the services. d. Content created by others • The content transmitted through the app is the exclusive responsibility of the person or organization that sent it. We do not assume responsibility for any content that others provide through services.
2. Privacy
a. Privacy Policy • By using the app, you accept and give your consent that its use of our services and our collection and processing of your data, including the information transmitted or stored by International Dreamlove S.A. and its sites or affiliates, is governed by Oninder's privacy policy. This policy is published here.
b. Respect for other people's rights • Accept not to misuse this site. You will not: you will commit or encourage a crime; It will transmit or distribute a virus, worm, or any other material that is malicious, technologically harmful, that violates trust or in any offensive or obscene way; will hack any aspects; will damage the data; will cause discomfort to other users; will violate the property rights of any other person; will send any unplayed advertising or promotional material (commonly called ""spam""); o It will try to affect the performance or functionality of any computer installation or access through this site. Failure to comply with this provision would constitute a crime and report any breach to the relevant authorities and reveal their identity.
• You cannot use services, or allow anyone else to use services, intentionally or not: 1. Viole or infringe the rights of advertising, privacy, copyright, registered trademark or other intellectual property right of another person; 2. Attack, ashamed, hay or intimidate others; 3. Difame 4. Send commercial content not requested or imported to other users. 5. These terms do not give any right to do anything as follows (or allow anyone else to do): 6. Use brands, logos, designs, photographs, videos or any other material used in our services; 7. Copy, file, download, upload, distribute, syndicate, disseminate, execute, display, make available or otherwise use any part of the services or content of the services, except as established in these terms. 8. Use of services, any tool provided by services or any content of services for commercial purposes without our consent. 9. You cannot use the service or content of the services of forms that are not authorized by these terms. Nor can anyone else help do it.
3. Copyright
Oninder respects the requirements of relevant author rights laws. We take reasonable measures to eliminate from our services any infringing material from which we have knowledge. If Oninder realizes that one of its users has repeatedly violated copyright, we will take the reasonable measures at our disposal to cancel the user's account.
We make it easy for you to report a suspected copyright violation. If you believe that something in the services violates the copyright of any work that is of your property or controls, communicate with us at support@oninder.com.
4. Security
We do everything possible to make our services a safe place for all users. But we cannot guarantee it. That's where you enter. By using services, accept that: I. It will not use the services for any purpose that is illegal or prohibited in these terms. II. You will not use any robot, spider, tracker, scraper or other automated medium or interface to access services or extract information from another user. III, will not use or develop any third -party application that interacts with the services or content or information of other users without our written consent. IV. It will not use the services in a way that can interfere, interrupt, affect negatively or inhibit other users to fully enjoy services, or that can damage, disable, overload or harm the operation of services. V. You will not use or try to use the account, the username or password of another user without your permission. SAW. You will not request the login credentials of another user. VII. You will not publish content containing or linked to graphic violence, threats, hate speeches or violence incitement. VIII. It will not load viruses or other malicious code or compromise the safety of services. IX. It will not try to avoid any of the content filtering techniques that we use, nor will it try to access areas or functions of the services that are not authorized to access. X. It will not probe, scan, or test the vulnerability of our services or any system or network, unless we previously authorize it. XI. It will not encourage or promote any activity that violates these terms. XII. Do not use our services in a way that distracts you from obeying traffic or safety laws.
5. Account security
You are responsible for any activity that occurs in your Oninder account. It is your responsibility to maintain the security of your account. When using the services, you accept this. If at any time he believes that someone else has obtained access to their account with or without their permission, immediately communicate with support@oninder.com
6. Data positions
You are responsible for any position in which you can incur for the use of our services, including data charges for sending and receiving messages. You can block users not to send you messages by eliminating friends, denying friendship requests or adding users to a list of blocked.
7. Amendment to the terms INTERNATIONAL DREAMLOVE S.A.
It maintains the right, to its absolute discretion, at any time and without prior notice, to modify, eliminate or modify the services, the app or these terms.
8. Compensation
You agree to defend, compensate and keep International Dreamlove S.A, its directors, employees and agents free of and against any responsibility for third -party claims, damage, losses and expenses, including, among others, the reasonable legal fees, which arise or are related in some way to their negligence; and breach or violation of this agreement.
9. Discharge of responsibility
The services are provided ""as is"" and ""according to availability"" and to the extent that the law permits without guarantees of any kind, whether express or implicit, including, but not limited to implicit guarantees of trade, suitability for a purpose for a purpose particular and not infraction. In addition, while Oninder uses its best efforts to provide a good user experience, we do not guarantee the following.
I. The services will be safe, free of errors. II. The services will always work without delays, interruptions or imperfections or (c) that any user content or information that you obtain through the services will be appropriate and precise. III. Oninder does not assume any responsibility for any content that you, another user or a third create, load, publish, send, receive, store, through our services. You understand and accept that you can be exposed to content that can be offensive, illegal, misleading or otherwise inappropriate, none of which Oninder will be responsible.
10. Limitation of responsibility
To the maximum extent allowed by law, Oninder and our directors, shareholders, employees, affiliates, licenses, agents and suppliers will not be responsible indirect, incidental, special, consequent, substitute or multiple damage, or any loss of benefits, income and whether incurring directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, which result from:
Your access or inability to access or use services
The behavior or content of other users or third parties in or through services
Unauthorized access, use or alteration of its content, even if Oninder has been warned of the possibility of such damages. In no case does the total responsibility of Oninder for any claim related to the services will exceed the amount paid for its oninder device, if any has been made in the last 90 days.
11. Applicable law and dispute resolution, renounces litigation procedures
Please read the following paragraphs carefully because they require that you and oninder accept to solve all disputes between us through arbitration.
a. Any dispute, controversy, difference or claim that arises from or relates to this agreement, including the existence, validity, interpretation, execution, breach or termination of the same or any dispute with respect to extra -contractual obligations that arise from or are related to it, They will be referred to and finally resolved by arbitration administered by the International Arbitration Center of Hong Kong (HKIAC) under the ordered arbitration rules of HKIAC in force when the arbitration notification is sent. The applicable law of this arbitration clause will be Hong Kong's law. The arbitration headquarters will be Hong Kong. The number of referees will be one. The arbitration procedures will be carried out in English.
b. Election of law and jurisdiction. By using the services and accepting the agreement, you accept that the law that governs the Agreement will be the Law of the Special Administrative Region of Hong Kong of the People's Republic of China, without taking into account the principles of conflict of laws.
c. Resignation of jury trial. If any dispute under the aforementioned arbitration clause is submitted, for example, to an US court. That, otherwise, it argues that the previous arbitration clause is not valid and that the case that is It presents it is admissible and the court has jurisdiction on the case, you and oninder renounce any constitutional and statutory right to have a jury trial if allowed by the law of that State.
d. Renunciation of collective or consolidated actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated individually and not collectively. Claims of more than one client or user cannot be jointly arbitrated or consolidated with those of any other customer or user. However, if this renunciation of collective or consolidated actions is considered invalid or inapplicable, neither you nor we have the right to arbitration; On the other hand, all claims and disputes will be resolved in court as established in this document.
and. Right to give up. Any right and limitation established in this arbitration agreement can be renounced by the party against which the claim is enforced. This resignation will not resign or affect any other part of this arbitration agreement.
12. Complete agreement
The previous terms of use constitute the complete agreement of the parties and replace each and every one of the previous and contemporary agreements between you and International Dreamlove S.A. Any resignation at any disposition of the terms of use will be effective only if it is in writing and signed by an officer of International Dreamlove S.A.
13. Predominant language
The Spanish and English version of this agreement will control in all aspects and will prevail in case of inconsistencies with the translated versions of the languages, if any.