Invitime TOS

1. INTRODUCTION

Thanks for decide to use Invitime ("Invitime", "we", "us", "our"). These Terms of Service and our Privacy Policy (collectively “Terms”), constitute the entire and only agreement between you and Invitime, and supersede all other agreements, representations, warranties and understandings, oral or written, with respect to the services, websites and software applications (collectively “Services”) of Invitime or any content or material that Invitime publish through the Services or the subject matter contained herein.

Please review the Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, understand the Terms, and will be bound by these Terms. If you do not agree to these Terms, you do not access or use the Services.

2. PRIVACY POLICY

Invitime respects the privacy of its Services users. Please refer to Invitime’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Services, you signify your agreement to this Privacy Policy.

3. YOUR ACCOUNT

In order to access and use the Services, you need to be 13 years old and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Invitime is true, accurate, and complete, and you agree to keep it that way at all times.

You are responsible for safeguarding your account, so use a strong password and limit its use to this account. Invitime will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member username, password and/or account.

The Services may include a tool that allows you to sign in, associate or create your Invitime’s account using information from your account with a third party service. Please be aware that third-party services are unrelated to Invitime, and that your use of any third-party services is subject to the terms and policies of those services.

4. RIGHTS WE GRANT YOU

Invitime grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. Nothing in the Terms gives you a right to:

use branding, logos, designs, photographs, videos, or any other materials used in our Services;
copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms; and
use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

Other product and company names that are mentioned on the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

5. USER-GENERATED CONTENT

When you have your own personalized account, you may be able to provide content; which may include, for example, pictures, text, messages, information and/or other types of content (collectively "User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Services. You agree that we are only acting as a passive conduit for distribution and publication of your User Content via the Services. Invitime, however, reserves the right to remove any User Content from the Services at its discretion.

The following rules pertain and apply to User Content. By transmitting and submitting any User Content while using the Services, you agree as follows:

You are solely responsible for your account and the activity that occurs while signed in to or while using your account.
You will not post information that is malicious, false or inaccurate.
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. Invitime is not responsible for any public display or misuse of your User Content. Invitime does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services.

You understand that deleted or removed content may persist in backup copies for a reasonable period of time (but will not be available to others users).

6. RIGHTS YOU GRANT US

You retain your rights to any User Content you create, upload, send, receive, store, post or display on or through the Services; but you expressly grant, and you represent and warrant that you have all the rights, power and authority necessary to grant, to Invitime a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services. This license authorizes us to make your User Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Invitime to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by Invitime, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services.

In consideration for the rights granted to you under these Terms, you agree that Invitime and its third-party providers and partners may place advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

Any feedback, comments, or suggestions you may provide regarding Invitime or the Services, is entirely voluntary and you authorize that we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to compensate you for them. Feedback is considered a type of User Content.

7. CONTENT DISCLAIMER

Opinions, advice, statements, offers, invitations of any type or other information or content made available through the Services, but not directly by Invitime, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Invitime does not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither does Invitime adopt nor endorse, nor is Invitime responsible for, the accuracy, completeness or reliability of any opinion, advice, statement or invitation of any type made by parties other than Invitime. Invitime takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Services. Under no circumstances will Invitime be responsible for any loss or damage resulting from anyone’s reliance on information, invitations of any type or other content posted on the Services, or transmitted to users.

Though Invitime strives to enforce these Terms, you may be exposed to User Content that is inaccurate, offensive, harmful or objectionable. Invitime reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Services or to limit or deny a user’s access to the Services or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Invitime shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Services, please contact us at [email protected].

8. USER GUIDELINES

Your permission to use the Services is conditioned upon the following rules and you agree that you will not under any circumstances:

post any information that is abusive, threatening, obscene, defamatory, libelous; or racially, sexually or religiously offensive;
post sexually explicit content;
post nude or sexual content involving people under the age of 18;
use the Services for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
provide false or inaccurate information when registering an account;
impersonate or misrepresent your affiliation or identity with that of another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
selling, renting, sublicensing or leasing of any part of the Services;
interfere or attempt to interfere with the proper functioning of the Services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services
bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; or
publish, include or link to malicious content intended to damage or disrupt another user’s browser or computer.

You acknowledge and agree that if you violate these rules, we may remove the offending content or suspend or terminate your Invitime account.

9. THIRD PARTY SITES AND APPLICATIONS

As part of the Services, Invitime is integrated with third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Invitime has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Invitime, and Invitime is not responsible for any Third Party Sites accessed through the Services or any Third Party Applications, Software or Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Invitime. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services or relating to any applications you use or install from the site.

10. MODIFYING THE SERVICES AND TERMINATION

We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. You can terminate these Terms at any time and for any reason by deleting your account. Invitime may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username or similar identifiers at any time for any reason.

11. INDEMNITY, DISCLAIMERS AND LIMITATION OF LIABILITY

The "Invitime Entities" refers to Invitime, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors.

Indemnity. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Invitime Entities from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) of every kind and nature, actual and consequential, known and unknown, due to, arising out of, or relating in any way to: (a) your access to or use of the Services, (b) your content, and (c) your breach of these Terms.

Warranty disclaimer. THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE INVITIME ENTITIES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE INVITIME ENTITIES MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; (IV) ANY TRANSACTION BETWEEN YOU AND OTHERS USERS AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SERVICES; AND (V) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE INVITIME ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

Limitation of liability. IN NO EVENT SHALL THE INVITIME ENTITIES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT OR ANY CONTENT OBTAINED FROM THE SERVICES; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; (D) ANY OTHER INTERACTIONS WITH THE INVITIME ENTITIES OR ANY OTHER USER OF THE SERVICES; (E) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (F) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE INVITIME ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL ANY INVITIME SOFTWARE AND TO STOP USING THE SERVICES.

12. MODIFICATION OF TERMS OF SERVICE

We can amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the Terms from time to time to view any such changes. If you continue to use the Services, you signify your agreement to our revisions to these Terms. However, we will try to notify you of material changes to the terms via a Services notification (such as adding a statement to our websites’ homepages or providing you with an in-app notification) or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. No purported waiver or modification of these Terms by Invitime via telephonic or email communications shall be valid.

13. GENERAL TERMS

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Invitime’s failure to enforce any right or provision of these Terms will not be deemed a waiver to enforce such right or provision. Our rights under these Terms will survive any termination of these Terms.

You agree that any cause of action related to or arising out of your relationship with Invitime must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms and your use of the Services are governed by the federal laws of Mexico and the laws of Mexico City, without regard to conflict of law provisions. Further, you and Invitime agree to the jurisdiction of the courts of Mexico City to resolve any dispute, claim, or controversy that arises in connection with these Terms.

Invitime may assign or delegate these Terms and/or Invitime’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy or any part of them to any third party.

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Invitime or any of its officers, employees, agents or representatives in any situation where notice to Invitime is required by contract or any law or regulation.

For contractual purposes, you (a) consent to receive communications from Invitime in an electronic form via the email address you have submitted; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that Invitime provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Effective as of September 1, 2017