1. USER AGREEMENT
This Agreement (hereinafter the “User Agreement”) regulates the use of the services provided by AEROTOUR, SRL. , through the Internet portal or the pages or sites hosted, located or linked to it, which is located at the address www.aerotour.com (hereinafter “AEROTOUR, SRL.” or the “Portal”). Every time a person accesses the Portal or uses the services provided by AEROTOUR, SRL. detailed below, you become a user of AEROTOUR, SRL. (hereinafter, the “User”). The User when accessing AEROTOUR, SRL. or by using the services provided through the Portal, you tacitly and unconditionally accept to be bound by the terms and conditions contained in this User Agreement, therefore the scope of the same in the version of the User Agreement published online by AEROTOUR, SRL. which is kept updated at the same time that the User accesses AEROTOUR, SRL. . Therefore, the User is recommended that each time he uses the services of AEROTOUR, SRL. Read the User Agreement carefully, since AEROTOUR, SRL can update and / or modify it. at any time without direct personal notification to the User. In relation to the above, the User can at any time examine the updated version of the User Agreement only by clicking on the text of the User Agreement located at the bottom of the access page.
AEROTOUR, SRL. provides Users, directly or indirectly, access and / or use, as the case may be, of a series of resources, services and online content through the global information system or network known as “Internet” (World Wide Web or www), including, but not limited to: Information on products and services of electronic purchases through the intermediation services of the Portal (hereinafter the “Services”). AEROTOUR, SRL. reserves the right to unilaterally modify, add or eliminate, at any time and without prior notice, the Services, the presentation and configuration of AEROTOUR, SRL. and any of the Services, as well as the conditions required to access and / or use any of the Services. In the same way, the acquisition, purchase, sale or obtaining of any item through any of the Services is under the sole and exclusive risk of the Users.
3. ACCESS TO AEROTOUR, SRL. AND USE OF THE SERVICES
3.1 FREE SERVICE The provision of Services provided to Users by AEROTOUR, SRL. It is free of charge, except for certain Services that can only be used by paying a price and which AEROTOUR, SRL. will identify for the use of the User. AEROTOUR, SRL. only provides its Users with the ability to use the Services so the User is responsible for having the necessary equipment to establish the connection and access to the Internet through any telephone or other connection through known technology or by get to know each other. The user will be responsible at all times for the costs associated with such access. 3.2 PROPER USE OF AEROTOUR, SRL. The User agrees to use and access AEROTOUR, SRL. and to make use of the Services in accordance with the provisions of the laws, morals, good customs and public order applicable in the country in which it is located when accessing the Services with the provisions of this User Agreement, for which it is obliged to refrain from using AEROTOUR, SRL. and the Services or to carry out acts with fines or illicit effects, harmful to the rights and interests of third parties, contrary to the User Agreement or for seditious or clandestine purposes or that in any way may damage, disable, overburden or deteriorate AEROTOUR, SRL. and the Services or prevent their normal use by Users, in which case AEROTOUR, SRL. may, upon having knowledge of said use, suspend the User Services immediately after AEROTOUR, SRL. has obtained said knowledge, and the User will have five days to remedy said use or express to AEROTOUR, SRL. what suits his right. 3.3 CONTENT AEROTOUR, SRL. The User declares that he knows and is aware that all the information, data, text, software, sound, photographs, graphics, videos, messages or other materials contained in AEROTOUR, SRL. as well as the Portal itself and its “lay-out” page design (hereinafter the “Content”), whether published for the general public or transmitted privately, is the exclusive property of the owner of said Content and of the exclusive responsibility of the person who originated the Content and not of AEROTOUR, SRL. , except when expressly stated otherwise. Therefore, AEROTOUR, SRL. It is not responsible for the Content and the publication of the same nor does it represent in any way the opinion of AEROTOUR, SRL. . The User or the person who generates the Content, will be solely responsible for it, whether it has been entered, published, sent by email or in any other way transmitted through AEROTOUR, SRL. or the Services. By virtue of AEROTOUR, SRL. does not control the Content that is transmitted, stored or published through the Services, does not guarantee the accuracy, veracity, suitability, timeliness, integrity, usefulness or quality of the same. By using the Service, the User may be exposed to content that is offensive, indecent or unacceptable to himself or illegal under the applicable laws in the User’s residence or in the country in which the User is located when accessing the Services, for which AEROTOUR, SRL. , under no circumstances, will be liable to the User or to third parties for the Content, including, but not limited to errors of any kind or omissions in any Content, or losses, damages, penalties and / or fines of any kind in which incurred as a result of any Content posted, emailed or otherwise transmitted through the Portal. 3.4 PROPER USE OF THE SERVICES OF AEROTOUR, SRL. In the cases in which the User makes use of those Services that, by their nature, allow Users to enter Content in AEROTOUR, SRL. and make them accessible to other Users, such as, among others, e-mail services, or online purchases (also hereinafter “Online Services”) is obliged to use them in accordance with the laws that are applicable, moral , good customs, public order and the User Agreement. By way of example, but not limited to, the User undertakes and agrees not to use the Services to: (a) introduce, publish, send by email or otherwise transmit any Content that goes against applicable laws, morals, good customs, harm, threaten, abuse, attack, defame, slander, violate the privacy of third parties, generate racial and / or ethnic and / or religious hatred or that in any other way is contrary to what is established in this Agreement of the User, in which case AEROTOUR, SRL. may, upon having knowledge of said use, suspend the User Services immediately after AEROTOUR, SRL. has obtained said knowledge, and the User will have five days to remedy said use or express to AEROTOUR, SRL. what is convenient for you; (b) impersonate another person or entity, enter false, altered or distorted data causing error, confusion, misunderstanding or deception; (c) falsify headers or otherwise manipulated identifiers to conceal the origin of any Content transmitted through the Services; (d) enter, post, send emails or otherwise transmit any Content that is not entitled to transmit under any law or under any contractual or fiduciary relationship (such as privileged information, proprietary or confidential information known or disclosed as part of an employment relationship or under Confidentiality Agreements); (e) introduce, publish, copy, profit from and / or send emails or in any other way transmit any Content that infringes any copyright, patent, trademark, trade secret, reproduction rights or any other industrial property right and / or intellectual property of any third party and / or of AEROTOUR, SRL. ; (f) introduce, publish, send e-mails or in any other way transmit any publicity, promotional material, junk mail, chain letters, scam pyramids, or any other form of policing, except in those areas of AEROTOUR , SRL. that are expressly designated for that purpose (as they in their case, the purchasing sectors) (g) introduce, publish, send emails or in any other way transmit any material that contains computer program viruses or any other computer code , files or programs designed to interrupt, destroy or limit the functionality of any computer program for computer or hardware or telecommunications equipment; (h) interrupt the normal flow of dialogue, cause rapid scrolling of the screen at a speed at which other users of the Services are not able to type using the computer keyboard, or otherwise act in a way that adversely affects the ability of other users to interact in real time (real-time exchanges); (i) interfere with or disrupt the Services and / or servers or internal networks connected to the Services; (j) violate any applicable law in Costa Rica, the User’s place of residence, and / or the place where the User is located when accessing the Service, whether such municipal, provincial, local, state, federal or international law, including , but not limited to, regulations promulgated by any Stock Exchange in which specifically stock and / or similar transactions are carried out; as well as any regulation with the force of law, whether intentionally or unintentionally; (k) stalk or otherwise harass another person; (l) collect or store personal data about others; and, (m) any other activity that is contrary to good customs. (n) Enter the Personal Services of other personals and access their personal information, email account, etc. Even though AEROTOUR, SRL. does not carry out reviews or prior checks (pre-screen) of the Content, both AEROTOUR, SRL. As the persons designated for such purposes, they will have at their discretion the (right but not the obligation) to, at any time and without prior notification to Users, review, refuse, delete, modify, substitute and / or move any Content that is available through the Services and AEROTOUR, SRL. may suspend access or any service to the User for this reason. The same faculty and right will have AEROTOUR, SRL. to remove any Content that violates the User Agreement or that otherwise means or implies an objection and / or contradiction to it. AEROTOUR, SRL. declares and the User accepts that it is the sole responsibility of the Users to evaluate and run the risk associated with the use of any Content, including those related to the accuracy, completeness or usefulness of the Content; Therefore, the User manifestly and expressly acknowledges that the Content accessible through AEROTOUR, SRL cannot be trusted. . The User acknowledges and agrees that AEROTOUR, SRL. may maintain and keep in its files for itself the personal information, User Content and may also reveal the same if required by law and / or competent authority or by considering in good faith that such maintenance or disclosure is reasonably necessary to: (i) comply with legal processes, whether administrative or judicial; (ii) comply with the User Agreement; (iii) respond to claims involving any Content that impairs the rights of third parties; or (iv) protect the rights, property, or security of AEROTOUR, SRL. , its Users and the general public. The User acknowledges that for the provision of the Services, the technical processing and transmission thereof, including the Content, may involve (a) transmissions through various networks; and (b) changes to adapt and conform to technical requirements to connect to networks or devices. Regarding the use of specific Services contained in AEROTOUR, SRL. , the User must abide by what is agreed in this User Agreement. 3.3 PROPER USE OF THE CONTENT OF AEROTOUR, SRL. The User must refrain from obtaining and even attempting to obtain Content through AEROTOUR, SRL. or the Services by means or procedures other than those that, as the case may be, have been made available for this purpose or have been indicated for this purpose on the web pages of the Portal in which the Contents are located, or in general of the that are commonly used on the Internet for this purpose. The User undertakes to use the Content in a diligent, correct and lawful manner, so that otherwise AEROTOUR, SRL. may suspend the User Services immediately after AEROTOUR, SRL. has had knowledge of said use, and the User will have five days to remedy said use or express to AEROTOUR, SRL. what suits his right. Likewise, the User, in particular, undertakes to refrain from: (a) using the Content in a manner, for purposes or effects contrary to the applicable laws of Costa Rica, the User’s place of residence, and / or the place from where access to the Services, morals, good customs and / or public order; (b) reproduce, copy, distribute, allow public access through any form of public communication, transform or modify the content, without the prior authorization of the owner of the corresponding rights; (c) delete, evade or manipulate copyrights, trademarks, patents, “copyright” and other data identifying the rights of AEROTOUR, SRL. or of their owners incorporated into the content, as well as the technical protection devices, fingerprints or any information mechanisms that the content may contain; and (d) use the Content and, in particular, the information of any kind obtained through AEROTOUR, SRL. or the Services, to send advertising, communications for direct sales purposes or for any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing in any way such information. Any Content that is downloaded (“downloaded”) by the User through the Services, will be at their own discretion and risk, so they will be solely responsible for any damage to their computer, equipment or system, as well as for loss or affectation of data contained therein.
4. INTELLECTUAL PROPERTY RIGHTS
The User acknowledges that the Service and any software that is necessary to be used in connection with the Service, may contain foreign and confidential information that may be protected by intellectual property laws and other applicable laws. The User declares that he is aware of and agrees with the Content found in the advertising of the sponsors or advertisers and / or information presented to his attention through the Service or of sponsors or advertisers, its use may be protected and / or limited by copyrights, copyrights, trademarks, patents or other property rights and laws. Except expressly what is authorized and so is specifically indicated by AEROTOUR, SRL. , its sponsors or advertisers, Users agree not to modify, copy or reproduce, rent, loan, sell, distribute or create works of the Service and / or derivative works and / or based on the Service, in whole or in part. All the Content of the Services is protected by intellectual property rights. All rights reserved. Total or partial reproduction is prohibited “. or by Content of third-party content providers that are also protected by the international laws of intellectual property rights of AEROTOUR, SRL. , www.aerotour.com and each and every one of the names used in the Service and in general in AEROTOUR, SRL. that include the word AEROTOUR, SRL. In their name, they are registered trademarks owned by AEROTOUR, SRL. . Likewise, the AEROTOUR, SRL logo. is registered and owned by AEROTOUR, SRL. . The User agrees not to reproduce, duplicate, sell or exploit for commercial reasons, all and / or any portion of the Services or Content under any circumstances.
5. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
In the event that any User or a third party considers that any of the Contents that are found or are entered in AEROTOUR, SRL. and / or any of its Services, violate their intellectual property rights, they must send a notification to AEROTOUR, SRL. in which they indicate, at least: (a) the personal data (name, address, telephone number and email address of the claimant); (b) the autograph signature with the personal data of the owner of the intellectual property rights or of the person duly authorized to act in the name and on behalf of the owner of the intellectual property rights allegedly infringed and / or violated; (c) the precise and complete indication of the Content (s) protected by the intellectual property rights allegedly infringed, as well as its location in AEROTOUR, SRL. or any of the Services; (d) an express and clear statement that the introduction of the Content (s) indicated (s) has been made without the consent of the owner of the intellectual property rights allegedly infringed; (e) an express statement, clear and under the responsibility of the claim that the information provided in the notification is accurate and that the introduction of the Content (s) constitutes a violation of its intellectual property rights; (f) simple copy of the document that proves the ownership of the alleged infringed right. These notifications must be sent to “the Operations Management of AEROTOUR, SRL. ”To the e-mail [email protected] , and the steps to follow and the physical address to which the original documents should be delivered will be indicated.
If the User so wishes, he may enter into correspondence with or participate in promotions of the sponsors or advertisers that show their products and / or services on the Services. Any of said correspondence or promotions, including the delivery of and payment for the products and / or services, and any of the other terms, conditions, guarantees or statements associated with said correspondence or promotions, are understood as exclusive between the corresponding User and the advertiser and / or sponsor, for which AEROTOUR, SRL. will not be responsible for the veracity, functionality, content and quality of said products and / or services or the payment made to said person. Therefore, AEROTOUR, SRL. does not and will not assume any responsibility or obligation in this regard, nor can and will not be liable for any such correspondence or promotions nor will it be liable for any loss incurred as a result of such dealings or as a result of the presence of such sponsors or advertisers in the Service of AEROTOUR, SRL. does not offer any guarantee regarding its own and / or third party information.
7. LINKS TO THIRD PARTY SITES (LINKS)
In some cases, AEROTOUR, SRL. provides links (links) to other Internet sites and / or other third-party resources. By virtue of AEROTOUR, SRL. It has no control over said sites or their resources, the User acknowledges and accepts that AEROTOUR, SRL. It is not and will not be responsible for the availability of said external sites and unrelated to AEROTOUR, SRL. or access to them, or the resources they use, nor does it ensure that the site contains legitimate and / or legal information and does not accept or accept to be held responsible for the impossibility of accessing the system or any Content, advertisements, products or other materials from or available on such sites or resources. In the same way, AEROTOUR, SRL. will not be responsible for loss or damage caused or allegedly caused by or in connection with the use of security on said Content, products or services available through any of said sites or resources.
In all the cases mentioned below and / or those derived from batteries, the User agrees to be responsible and agrees to indemnify, maintain and remove AEROTOUR, SRL in peace and safety. , its directors, officers, employees, collaborators, suppliers, agents and / or shareholders, in and of any claim and / or demand, including reasonable fees of lawyers and costs and expenses of lawsuits, made by third parties due to or derived from: ( a) the Content that you deliver, publish, send by email or other AEROTOUR, SRL Services. or otherwise transmit through the Services; (b) for the use of the Service; (c) the connection to the Services; (d) any violation of the User Agreement or the Specific Agreements; or (e) any infringement and / or violation regarding any of the intellectual property rights or any other right of any person or entity.
Every User of the Service accepts and agrees that AEROTOUR, SRL. , at its sole discretion and without prior notification, may terminate or suspend the use of all or part of the Services for any cause or reason, for which they acknowledge that AEROTOUR, SRL. will not be liable to Users or to third parties for said termination or suspension.
10. POLICIES FOR THE USE OF THE SERVICES
Users accept and acknowledge that AEROTOUR, SRL. You can establish at any time and without prior notification to the Users practical and general and specific policies, as well as limitations concerning the Services, provided that they are published on the Portal, from which they are applicable to the Users.
11. VIOLATION OF THE USER AGREEMENT
AEROTOUR, SRL. requests all Users to report any violation of the User Agreement or Specific Agreements as soon as they become aware of it through any type of communication.
12. LIMIT OF LIABILITY
AEROTOUR, SRL. in no way can it guarantee that the Services: (a) meet the appropriate, required or expected requirements for or by each of the Users; (b) are not interrupted; (c) arrive on time; (d) arrive with a certain level of speed; (e) arrive without errors; (f) or that the results obtained by using them are accurate and / or reliable. AEROTOUR, SRL. does not guarantee that any error in the software of the Services will be or may be corrected in whole or in part, for which AEROTOUR, SRL. It will not be obliged to make any concession. AEROTOUR, SRL. will not be liable for direct, indirect, moral, special or consequential damages resulting from the use of the Service or the inability to use it. The price, quality, quantity, delivery times will be established on the site which may vary without prior notification, therefore, the conditions found at the precise moment the purchase is made will apply. Likewise, AEROTOUR, SRL. It is not responsible for the delivery on time due to force majeure or due to weather conditions, roads, etc. or for services provided by third parties, for which the user releases AEROTOUR, SRL. of any responsibility.
The User when accessing AEROTOUR, SRL. expressly and irrevocably accepts the fact that this User Agreement as well as the User’s relationship with AEROTOUR, SRL. It will be governed by and interpreted in accordance with the laws of Costa Rica. In case of controversy, the User and AEROTOUR, SRL. is ever expressly to the jurisdiction of Courts in Costa Rica, renouncing the Users as AEROTOUR, SRL.
The lack of AEROTOUR, SRL. Exercising or enforcing any right or provision of the User Agreement or the Specific Agreements will not constitute a waiver of said right or provision unless it is recognized and accepted in writing by AEROTOUR, SRL. .
15. VALIDITY AND INTERPRETATION
In the event that any of the provisions contained in the User Agreement or in any of the Specific Agreements is found invalid by a Court or Court of competent jurisdiction or is impossible to enforce, both parties agree to request the Court or the Court that endeavors to give effect to the intention (s) of the parties thus reflected in said provisions. However, the other provisions of this User Agreement will remain valid and full legal force.
Any claim or action resulting from or related to the User Agreement or the use of the Services, must be submitted within thirty days immediately following the date on which the fact from which the claim or legal action arises. has been verified, or you will lose that right forever. The User expresses its acceptance of the above, regardless of what is established or provided in any legislation that indicates otherwise.
The headings and sub-headings contained in this User Agreement exist for convenience only and have no legal or contractual effect.