Last updated: 26 November, 2024
Skyforge Digital AG operates the website accessible at https://www.lospollos.com, including all pages within this website (“Website”), or products and services (“Service” or “Services”). These Terms of Use (“These Terms”) govern your use of the Website and are a legal agreement between you (“you”, “your” or “user”) and Skyforge Digital AG, with its registered address at Chamerstrasse 176, 6300 Zug, Switzerland and its registration number CHE-481.990.668 (“Company”, “we”,“us”, or “our”).
1. Acceptance Of Terms
By accessing or using this Website you accept and agree to These Terms and Privacy Policy, Cookie Policy, and any other Company’s terms as may be specified on the Website. These Terms will be applied fully and affect your use of this Website. Please read These Terms carefully before accessing, using or obtaining any materials, information, products or services. If you do not agree to These Terms, please do not use this Website.
The Website and any products or services available on or via the Website are intended solely for individuals who achieved the age of majority in their location. If you have not yet achieved the age of majority in your location or are accessing this Website from any country where this material is prohibited, please exit now as you do not have proper authorization, and your continued use of the Website will be in violation of These Terms.
If you are entering into These Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to These Terms, in which case the term “you” or “your” shall refer to such entity and its affiliates. If you don’t have such authority, or if you do not agree with These Terms, you must not accept These Terms and may not use the Website.
2. Your Use of The Website
Unless otherwise specified by us or outlined in the Advertiser Terms and Conditions and/or Affiliate Terms and Conditions, this Website and its content are provided exclusively for personal, non-commercial use. Except as provided by us, you may download, copy, and print specific portions of the content or other downloadable materials available on this Website for personal, non-commercial purposes, provided you retain all copyright and proprietary notices contained in the original materials.
Unless expressly permitted, you are prohibited from reproducing, copying, publishing, transmitting, distributing, displaying, modifying, creating derivative works from, selling, or exploiting any part of the content, this Website, or any associated software in any manner, whether in whole or in part. Unauthorized use of the Website or its content, including reproduction, modification, distribution, or public display, is strictly forbidden.
3. Prohibited Actions
As a condition of using this Website, you agree not to use it for any purpose that is unlawful, prohibited by These Terms, violates any applicable laws or regulations, or is otherwise inconsistent with the intended purpose of the Website as determined by the Company.
You agree to comply with the following restrictions on use of the Website:
- do not rent, lease, sell, resell, loan, assign, sublicense, license, copy, distribute, commercially exploit, or transfer rights to use the Website or its content, unless otherwise specified by us;
- do not use or access the Website in a manner that: (a) violates any applicable laws;
(b) infringes the rights of any third party; (c) purports to subject the Company to any obligations not expressly stated in These Terms; or (d) is for any purpose not specifically permitted in These Terms;
- do not decompile, reverse assemble, reverse engineer, or attempt to discover the source code of any portion of the Website or the Company’s Intellectual Property;
- do not access or use the Website to (a) build a competitive product or service; (b) create a product using ideas, features, functions, or graphics from the Website; or (c) copy, modify, or create derivative works based on the Website or the Company’s Intellectual Property;
- do not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure. Do not attack the Website via a denial-of-service or distributed denial-of-service attack;
- do not interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on it. Do not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material;
- do not bypass any measures the Company uses to prevent or restrict access to the Website. Do not attempt to gain unauthorized access to the Website, the server on which it is stored, or any server, computer, or database connected to the Website;
- do not delete, fail to reproduce, or modify any patent, copyright, trademark, or other proprietary rights notices, legends, or labels displayed on the Website.
Without limiting the above, you agree to comply with These Terms, the Privacy Policy, and any other terms and policies available on the Website, as they may be updated at the Company’s sole discretion. Additionally, you may not use the Website to:
(a) send spam or any duplicative or unsolicited messages in violation of applicable laws;
(b) transmit or store any content that is infringing, obscene, threatening, libelous, or otherwise unlawful or tortious, including content that is harmful to children or violates the privacy rights of third parties.
4. Your Passwords and Unauthorized Use of Your Account
Certain products or services offered on or through our Website may require you to register an account with us. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You are responsible for controlling access to any computers, mobile devices, gateways, or other endpoints where you store your password.
If you learn of any unauthorized use of your password or account, please notify us immediately. To protect your privacy, we recommend logging out of the Website after each visit when you are using a public or shared computer, mobile device, or other endpoint.
You may not use anyone else’s login, password or account at any time without the express permission and consent of the holder of that account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. Content on the Website
Unless otherwise specified, all materials on this Website, including but not limited to images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips, and other written or visual content (collectively, the "Contents"), are protected by intellectual property rights such as copyrights and trademarks, owned by or licensed to the Company or its affiliates. These materials are protected under European, U.S., and international copyright laws. The compilation (i.e., the collection, arrangement, and assembly) of all content on this Website is the exclusive property of the Company and is likewise protected by copyright laws.
Permission to use the Contents is granted under the following conditions: (1) the copyright notice must appear on all copies; (2) the use of the information is for informational, non-commercial, or personal purposes only, unless otherwise specified by us or outlined in the Advertiser Terms and Conditions and/or Affiliate Terms and Conditions; (3) the information must not be modified in any way; and (4) no graphics from this Website may be used separately from the accompanying text.
You agree not to circumvent, disable, or otherwise interfere with the security features of the Website or any features that prevent or restrict the use or copying of the Content, or that enforce limitations on the Website’s use or the Content within it.
We retain the right to modify the Contents of this Website at any time, though we are under no obligation to update any information presented on the Website.
You may submit images, sounds, videos, or other communications ("Your Content") to the Website. You acknowledge that we do not guarantee the confidentiality of Your Content, whether or not it is published. You are solely responsible for Your Content and any consequences arising from its submission or publication. By submitting Your Content, you affirm that you own or have obtained all necessary licenses, rights, consents, and permissions to use and sublicense (if applicable) Your Content, and you grant us the right to use all associated intellectual property, including patents, trademarks, trade secrets, copyrights, or other proprietary rights, as required for its inclusion and use under These Terms. Additionally, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, create derivative works, display, perform, and otherwise exploit Your Content. You remain solely responsible for the content you submit and agree to indemnify the Company and its affiliates for any claims arising from or related to Your Content.
6. Intellectual Property
The Company (or its licensors) retains ownership of all Intellectual Property rights associated with its business, technology, proprietary materials, and information, including but not limited to the Website and its products or services, which includes all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, data, images, text, graphics, illustrations, materials, source codes, structure, sequence, organization, know-how, modifications, updates, upgrades, enhancements, documentation, and manuals, as well as any derivatives of these items, the Company’s name, logos, trademarks (registered or not), design marks, slogans, and related product or service identifiers (“Intellectual Property”).
Unless expressly permitted by These Terms, you are not allowed to download, reproduce, view, distribute, copy, print, republish, display, post, transmit, or modify any material found on the Website without prior written permission from the Company. The Company grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the Website solely for your personal, non-commercial purposes, except as provided by us, in compliance with These Terms. The Company reserves the right to revoke these permissions at any time, and they will automatically terminate if you violate any provisions of These Terms. Any use of the Website’s content or materials outside the scope explicitly permitted by These Terms is strictly prohibited.
The Company is not responsible for any copyright, trademark, trade dress, or other intellectual property infringements arising from content posted, transmitted, or advertised on the Website by third-party providers.
7. Third-Party Materials and Links
The Website may feature, include, or provide access to content, data, information, applications, or materials from third parties ("Third-Party Materials") or contain links to external websites operated by third parties. By using the Website, you acknowledge and agree that the Company is not responsible for evaluating or ensuring the content, accuracy, completeness, timeliness, legality, copyright compliance, quality, decency, or any other aspect of such Third-Party Materials or linked websites. The Company does not endorse or make any warranties regarding Third-Party Materials, nor does it assume any liability or responsibility for any third-party services, content, materials, products, or websites.
Third-Party Materials and links to external websites are provided solely for your convenience and do not constitute the Company’s endorsement, sponsorship, or recommendation of the third-party information, products, or services.
The Company does not guarantee that such Third-Party Materials or services are suitable or available for use in any specific location. If you choose to access Third-Party Materials or services, you do so at your own discretion and are solely responsible for complying with any applicable laws, including local regulations.
8. Privacy And Cookie Policy
The Company takes reasonable steps to protect the information provided via the Website from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Our Privacy Policy explains in detail what information about you we collect and how we use the information about you that we collect. By accessing and using the Website you agree to be bound by that policy.
However, no Internet or email transmission is ever fully secure or error-free. Therefore, you should take special care in deciding what information you send to us via the Website or email. Please keep this in mind when disclosing any information via the Internet.
Our Website uses cookies to enhance your browsing experience, analyze site traffic, and provide personalized content. By using our Website, you agree to our use of cookies. For more information about the cookies we use and how to manage them, please refer to our Cookie Policy.
9. Disclaimer
THIS WEBSITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. YOUR USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY OUTCOMES RESULTING FROM SUCH USE. WITHOUT LIMITING THE FOREGOING, THE COMPANY PROVIDES NO GUARANTEES OR WARRANTIES THAT THE WEBSITE OR SERVICES WILL BE OF SATISFACTORY QUALITY, SUITABLE FOR YOUR NEEDS OR ANY SPECIFIC PURPOSE, FREE OF ERRORS, RELIABLE, SECURE, OR EFFECTIVE.
YOU ACKNOWLEDGE THAT THE COMPANY MAY, AT ITS DISCRETION, SUSPEND THE SERVICES FOR EXTENDED PERIODS OR TERMINATE THEM ENTIRELY AT ANY TIME, WITHOUT PRIOR NOTICE.
THE COMPANY IS NOT LIABLE FOR ANY STATEMENTS MADE, WHETHER ORAL OR WRITTEN BEFORE YOU AGREED TO THESE TERMS UNLESS SUCH STATEMENTS ARE PROVEN TO HAVE BEEN MADE FRAUDULENTLY.
NO ASSURANCES ARE MADE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION AVAILABLE ON THE WEBSITE. ANY DATA OR INFORMATION PROVIDED ON THE WEBSITE IS INTENDED SOLELY FOR CONVENIENCE AS AN INTERPRETATIVE AID AND MAY BE SUBJECTIVE.
10. Limitation Of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall company and its affiliates, licensors, contractors, or any of their respective officers, directors, employees or agents be liable to you or to any other person for any direct, indirect, special, incidental, punitive or consequential losses or damages of any nature, including, without limitation, damages for lost profits, loss of goodwill, loss of data, loss of use, work stoppage, accuracy of results, or computer failure or malfunction, arising out of or in connection with this Website including, without limitation, (1) the use of or inability to use this Website; (2) any contents or materials downloaded from this Website, and any links provided on this Website; (3) any inaccuracy, error or omission in relation with the tips, advice, guides and other information contained on this Website or in relation with any delay in their transmission or delivery, (4) any work initiated by you and based on the directions contained on this Website or resulting directly or indirectly from the use of the information contained on this Website; (5) any transaction conducted on this Website; and (6) any unauthorized access to or alternation of your data, even if an authorized representative of the company has been advised of or should have known of the possibility of such damages.
If you are a California resident, you hereby waive the provisions of section 1542 of the California civil code, which states that a general release does not include claims that the releasing party and/or creditor is not aware of and that, if known, could have materially affected the settlement.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, and as such, the limitations above may not apply to you; in such cases, our liability shall be limited to the maximum extent permitted by law.
11. Indemnification
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless our Company, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Website, Services, Your Content, your conduct toward other users, or your breach of These Terms.
You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
12. Our Rights
We retain the right, at any time, to modify, decline to post, or remove any information or materials from the Website for any reason. Additionally, we may disclose any information we deem necessary to comply with applicable laws, regulatory obligations, and legal processes, or to respond to requests from law enforcement, government authorities, or regulatory bodies.
We also reserve the right to temporarily or permanently suspend access to all or part of the Website for any purpose, including but not limited to business or operational needs such as enhancing the Website’s functionality or appearance, updating content, conducting maintenance, or addressing issues that may arise.
Furthermore, we may update These Terms, our Privacy Policy, Cookie Policy and any related documentation referenced therein as needed. If you disagree with any changes made, you should discontinue use of the Website immediately. Continued use of the Website after such changes are posted will signify your acceptance of the revised terms.
13. Termination
The Company reserves the right to terminate, discontinue, suspend, or restrict the Service, the Website, your account, and/or These Terms, including any obligations outlined herein, at its sole discretion, with or without prior notice. If your account is terminated or discontinued, you will no longer have access to the Services or any part thereof. You may terminate These Terms by closing your registered account (if applicable), notifying us of your intention to terminate, and ceasing all use of the Website and Services.
14. Severability
If any provision of These Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of These Terms, which shall remain in full force and effect.
15. Assignment
You shall not assign, sub-contract or transfer all or any part of your rights, obligations and/or claims under These Terms or sub-contract or delegate all or part of your performance under These Terms to third parties, without the Company´s prior express written consent. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under These Terms without notifying you or obtaining your consent.
Failure by either of us to exercise any right or remedy under These Terms does not constitute a waiver of that right or remedy.
16. Entirety
These Terms, along with our Privacy Policy and Cookie Policy, represent the entire agreement between you and the Company concerning the Services and Website, superseding and replacing any prior agreements or understandings between us relating to the Services and Website.
17. Governing law and Dispute resolution
These Terms are subject to the laws of Switzerland, excluding its conflict-of-law principles. Any disputes or claims related to these Terms must first be addressed through sincere, good-faith negotiations between the parties. If an amicable resolution cannot be reached, the dispute shall be resolved through arbitration under the Swiss Rules of International Arbitration of the Swiss Arbitration Centre, as applicable on the date the Notice of Arbitration is filed. The arbitration will be conducted in English and the number of arbitrators shall be one.
18. Contacts
Should You have any questions, complaints, or claims with respect to the Website and These Terms, please contact us via email at [email protected].
19. Note for Advertisers and Affiliates
If you are an advertiser or affiliate and would like to collaborate with us, please review our Terms of Use and Affiliate Terms and Conditions before proceeding with the collaboration.