Terms and Conditions of Use
Thank you for visiting the MAMUT website (henceforth, the "Site").
Please spend a few moments reading and understanding these TERMS AND CONDITIONS OF USE (henceforth, the "TERMS AND CONDITIONS") before using the Site. By accessing and using the Site, you accept and freely undertake to adhere to these TERMS AND CONDITIONS governing the way in which you can access and use the Site.
Please read these TERMS AND CONDITIONS carefully before using this Site.
2. Age Requirement. You may enter and use this Site if you are an adult under applicable laws. If you are not an adult, or do not have the necessary legal authorizations to access and use this Site, please refrain from doing so and do not access any of its functionalities. We anyway recommend that parents and children's guardians supervise any access by their children to the Site.
3. Site Use Agreement. By entering this Site, you have undertaken to accept and adhere to these TERMS AND CONDITIONS. If you do not agree with these TERMS AND CONDITIONS, do not enter the Site, refrain from using the Site and its Contents, and leave it immediately. Please remember that your right to access or enter the Site may be cancelled at any time by MAMUT, without prior notice and without any justification whatsoever.
4. Electronic Transmission of Information. If you decide to contact MAMUT via this Site, please bear in mind that transmitting information electronically through global communications networks may not be safe, and there is therefore no guarantee as to the confidentiality or security of your information. Whether or not you are a MAMUT client, we would be grateful if you would not transmit confidential or secret information of any type, given that MAMUT cannot guarantee that it will remain confidential or secret, nor can it guarantee that such information will be treated as a professional secret between lawyer and client. Nor can MAMUT guarantee the integrity of any information that you may choose to send via this Site, or that it will be returned. Please do not send your personal, secret or confidential information electronically or physically unless MAMUT has specifically authorized you to do so in writing. Similarly, refrain from sending MAMUT unsolicited information, chain mail or any other that might be considered to be spam. Doing so will constitute a breach of these TERMS AND CONDITIONS.
5. These TERMS AND CONDITIONS may change. MAMUT reserves the right to amend, change or terminate these TERMS AND CONDITIONS at any time, without the need to notify you beforehand. MAMUT warns you that you have a duty to visit this Site regularly, in order to find out about any changes. Should these TERMS AND CONDITIONS terminate, you will not be authorized to access the Site. However, the restrictions agreed upon by you with respect to the information contained on this Site, together with liability limitations, indemnities and other concessions, will survive termination of these TERMS AND CONDITIONS. MAMUT also reserves the right to terminate the Site or any portion of it at any time, without the need to notify you personally of its decision.
6. Changes to Site Content. MAMUT may amend, add to, eliminate, suppress, alter and otherwise change the Contents of this Site, including any document, data, testimony, summary, reference or information included on it, at any time and without prior notice. Please remember that the law changes constantly and varies because of a number of factors and circumstances, including such things as the issuing of any type of regulation or judicial decision at national and local levels, or action taken by the executive, judicial and legislative powers. The information that is given on this Site about the position with respect to regulations or issues of legal interest may therefore not be up-to-date, may not be complete, and at a given time may not reflect the real situation or be applicable in particular situations. We would be grateful if you would not take any action that is based on information you find on this Site.
7. Ownership Rights, Intellectual Property Rights, Trademarks and Registrations. The amendment, reproduction, publication or transfer of any Content to other persons, or the use thereof for any purpose, is prohibited. Except to the extent that current law permits, the dismantling, decompiling, application of inverse engineering to or attempting in any way to break protection of the content is prohibited. All contents and elements of and information on this Site, including all text, format, images, music, trademarks, logos, emblems, commercial names, sounds, graphics, videos, animation and other materials on this Site (the "Contents"), belong to MAMUT, affiliates and controlling parties thereof, and third party contractors, license holders or assignors, as applicable. Some of the Contents are protected by copyright and registered trademark law. Any unauthorized use of the Contents of the Site which breaches the ownership and intellectual property rights of MAMUT or of third parties may result in the corresponding legal action being taken by the holders of such rights. Accessing or using this Site will not in any way imply the granting or refusing of any license, concession or use right with respect to any of the trademarks, names, logos, designs or Contents that are protected by the intellectual property right of MAMUT or any third party, as applicable. The creation of websites, electronic documents, computer programs or informatics applications of any type which contain hyperlinks that redirect the person to any Content on this Site is not permitted.
8. Use of the Site. Accessing this Site means that you will use the Site, and the Contents and information contained on it, for legitimate, legal purposes, and that you will adhere to these TERMS AND CONDITIONS and any law which might be applicable. In particular, but not exclusively, use the Site, and the Contents and information contained on it, is limited as follows. You agree that you will not use the Site, and the Contents and information contained on it, (a) to transmit to third parties or otherwise publish information that is false, harmful, hostile, abusive, irritating, problematic, hateful or for which you do not have proper legal or contractual authorization, (b) to cause harm to children or to promote or cause physical or material damage to any person or group of private individuals or legal entities, or animals (c) to use the identity of or personal information about private individuals or legal entities mentioned on the Site for any purpose or goal, (d) to transmit or emit material that contains computer viruses or any other code, computer program or application that will interrupt, destroy, restrict or harm the functionality of computers, computer programs, information systems, telecommunications networks or third party infrastructure and services, (e) to intentionally or unintentionally break or fail to adhere to any applicable national, local, state or international law, including but not restricted to regulations governing privacy and data protection, (f) to gather, save and administer personal data about private individuals and legal entities without the corresponding authorization and against applicable laws, (g) to execute, plan, draw up, structure or carry out criminal practices or activities, or (h) to infringe the intellectual property rights of MAMUT or third parties, amongst other instances of conduct that harms third parties or goes against applicable laws.
9. Site Use License. Except for the license mentioned in this section, the amendment, reproduction, decoding, decrypting, dismantling, application of reverse engineering to, publication, hyper-linking, transferring to other persons or otherwise altering or divulging of the Contents of and information contained on this Site without prior written permission from MAMUT is forbidden. MAMUT grants you a non-exclusive, limited, revocable license to access, observe, print out and download any Content on this Site, provided that it is for personal information. This license does not include authorization for the publication, distribution, assignment, sub-licensing, transfer, editing, sale, performance of derived works or any other use that is not strictly limited to meeting a need for personal information. The Contents of and the information contained on this Site, either wholly or in part and whether graphic or documentary, may anyway not be reproduced in any form or incorporated into any other document or data file that can be recovered after registration in an electronic, mechanical, optical or other manner, except for purposes of satisfying personal interests, as authorized herein.
10. Consequences of Using the Site. Any breach by you of these TERMS AND CONDITIONS, or any complaint or information that MAMUT receives from third parties relating to abuse or misuse of these TERMS AND CONDITIONS or failure to adhere thereto, will be investigated by MAMUT, which may adopt all measures and commence all legal action against you in order to ensure cessation of such conduct or to obtain whatever redress or indemnities might be applicable by law. Any breach of these TERMS AND CONDITIONS may result in you being civilly or criminally liable. If you are not sure whether your actions with respect to access to and use of this Site and the Contents and information contained on it constitute breach or abuse of these TERMS AND CONDITIONS, please do not hesitate to consult us first. We will be only too pleased to assist you. You are solely responsible for all access to and use of this Site and the Contents and information contained on the Site by you, intentionally or unintentionally or with or without your knowledge and consent.
11. Non-Interference with the Site. Any act, including the use of hardware and software, which seeks to harm, interfere with, affect the integrity of or intercept the systems which support this Site, operation thereof or the Contents, or has the effect of so doing, is forbidden. Acts are prohibited which place unreasonable or disproportionate burdens or loads on the Site's network systems or any other infrastructure that the Site uses.
12. Links to Third Party Sites. Please remember that many of the websites linked to the Site are not operated, controlled or administered by MAMUT, and MAMUT is not responsible for the availability, content, policies, practices and security of, or services which might be announced or promoted on, such websites, including their privacy policies and TERMS AND CONDITIONS for use. Any link which might be made on the Site to third party websites does not constitute any sponsorship, cover, protection, defense, guarantee, backing or support by MAMUT of the content, policies, information, services or practices of such websites. Any accessing and use by you of third party websites via links on the Site is done at your own risk.
13. Third Party Content and Information. The Site may reproduce or contain information from third parties that so not work for and are not linked in any way to MAMUT. MAMUT does not guarantee the accuracy and truth of such information and content. MAMUT guarantees you that all third party information and content that has been uploaded onto or included on the Site has been validly licensed beforehand by the third parties who hold the moral and equity rights thereto, and that MAMUT is not breaching any third party rights relating to such information and content by so doing.
14. Publicity and Access to Third Party Services. You understand and accept that any communication, negotiations, agreements or pre-agreements, participation in promotions, and any other type of relationship that you might enter into directly with third parties through the Site, including any type of payment for or agreement about goods and services, and any other term, condition, guarantee or representation associated with third party products and services, constitutes an agreement that exists solely and exclusively between you and such third party, and that MAMUT has no type of participation in, responsibility for or influence over such relationship.
15. User Comments. You may send MAMUT your comments and any other content, including ideas, suggestions and concerns about the Site or the information included on it, provided that such information is not illegal, false, harmful, hostile, abusive, irritating, problematic, threatening, defamatory, vulgar, obscene, pornographic, unfounded, hateful, harmful or in breach of intellectual property rights, or information for which you have not obtained the corresponding legal or contractual authorizations, or which contains any type of computer virus, or consists of mass mail, political campaigns, advertising, or any kind of spam. By sending any content (including personal information) to MAMUT, you have granted MAMUT a free, non-exclusive license to publish, edit, reproduce, amend, reorganize, translate, adapt, create derived works from, transfer to third parties, sub-license or otherwise divulge the information you have sent via the Site or by any other means worldwide, subject to applicable intellectual property rights being adhered to, and without the need for you to be notified of such information being used or for prior or written permits, authorizations or consent to be obtained from you. This license includes the right that is held by MAMUT and affiliates, assignees and license holders thereof to use and transfer amongst themselves, at their sole discretion, the name that you have sent with the content or information you have submitted. This license and authorization will be deemed to constitute a granting of your consent for your personal information to be used in accordance with applicable laws, precedents and regulations governing data protection and privacy.
16. Information about Experiences and User Comments. Any information provided by users or the general public that is included on the Site is solely for purposes of discussion or to serve as an example. MAMUT suggests that any information you might find on the Site be discussed with professional lawyers before you form an idea or make a decision on the basis thereof.
17. User Cooperation with MAMUT. If you find that any of the Content of this Site or any of the information you access on it is inappropriate, inefficient, against the law or these TERMS AND CONDITIONS, of poor quality, or in any way harmful to you or to third parties, MAMUT would be very grateful if you would send your comments to the contact address given in these TERMS AND CONDITIONS. MAMUT anyway reserves the right to remove information from the Site or to keep it there.
18. Best Efforts. MAMUT has used its best efforts to ensure that all Contents and information included on this Site are correct. However, MAMUT cannot guarantee the accuracy of Contents and information on the Site and it accordingly assumes no responsibility for the truth, accuracy, authenticity, faithfulness, exhaustive nature, completeness, integrity or precision of any Contents and information included on this Site.
19. No Declarations or Guarantees. MAMUT and affiliates, employees, directors, agents, officials, distributors, marketers, sponsors or license holders thereof do not grant any specific or implicit guarantee with respect to this Site and the Content thereof, all of which are supplied to you AS THEY STAND AND WITH ALL FAULTS from their source. Any information originating from MAMUT or from any third party that you obtain from this Site does not have and will not generate any guarantee whatsoever by MAMUT. MAMUT and affiliates, employees, directors, agents, officials, distributors, marketers, sponsors or license holders thereof do not grant any specific or implicit guarantee with respect to materials or content that you transmit to MAMUT via this Site, irrespective of whether or not such materials or content are confidential or secret. Each and every explicit or implicit guarantee is rejected and refused, especially but not limited to ones relating to the marketing or marketability of information contained on or about the Site, the quality and suitability of information on this Site and in the Contents, its suitability or otherwise for a particular or specific purpose, the truth and integrity of the Contents and information, results obtained from using the Site, the Contents or information contained on the Site, network security, the quality of the Contents and information contained on the Site, the contractual, pre-contractual and extra-contractual relationships that you have with third parties through the Site, the absence of computer viruses, firewalls, the safety of the technical elements or components used for accessing the Site or on which the Site is based, performance guarantees, and the absence of errors. The Site user will be solely responsible for network operation, performance and security (including WAN, LAN and wireless), and for the computers it uses for accessing the Site. The Site user recognizes that the site may not be available for a number of reasons, including but not restricted to events constituting force majeure, unauthorized access, computer viruses, service denial and other attacks, server technical faults, telecommunications infrastructure faults or discontinuity. MAMUT specifically waives any explicit or implicit guarantee relating to Site use and/or availability, accessibility, security, performance or error-free operation thereof. MAMUT refuses and rejects any guarantee about correcting defects that there might be in the Site and its Contents, or the non-existence of harmful or prejudicial technical or technological components.
20. No Liability for Claims or Damage. As user of the Site, you assume your own risk when accessing and using it, including personal and property risks and those of third parties that might arise as a result of using, sharing or downloading any Content or information from this Site or that is otherwise obtained by you through this Site. As user of the Site, you will be solely responsible for any damage that accessing the Site might cause to the information and communication systems that you use for accessing it, including damage caused by computer viruses. MAMUT and affiliates, employees, directors, agents, officials, distributors, marketers, sponsors or license holders thereof as permitted under applicable law, will not be liable under any circumstances, irrespective of the existence or not of claims or actions of any type or form, for any damage, direct or indirect, special, punitive, exemplary, real, eventual or otherwise, that is caused to or suffered by the user of the Site or third parties, including but not restricted to damage to human integrity, property, loss of use, commercial loss, economic loss, loss of data and loss of profits, damage caused as a result of contractual liability, negligence and/or third party liability, resulting from access to and use of the Contents of this Site or use of the information contained on the Site. BY ACCESSING AND USING THIS SITE, YOU HAVE AGREED TO HOLD MAMUT HARMLESS WITH RESPECT TO ANY CLAIM, COMPLAINT, ADMINISTRATIVE OR JUDICIAL INVESTIGATION, LEGAL ACTION OR PROVEN LIABILITY BASED ON OR RELATING TO A BREACH OF THESE TERMS AND CONDITIONS BY MAMUT. YOU ACCORDINGLY MAY NOT SUE OR FILE ACTIONS OF ANY TYPE, OR RECEIVE ANY KIND OF INDEMNITY FOR DAMAGES OR PREJUDICES OF ANY NATURE WHATSOEVER FROM MAMUT AS A RESULT OF ANY DECISION OR ACTION BY MAMUT IN ADMINISTERING, MANAGING, OPERATING AND EXECUTING THIS SITE. THIS INDEMNITY APPLIES TO ANY BREACH OF THESE TERMS AND CONDITIONS BY MAMUT.
21. Arbitration Clause. Any controversy relating to or deriving or resulting from acceptance, interpretation and execution of these TERMS AND CONDITIONS by you or use of this Site and the Contents and information contained on the Site by you will be settled by an Arbitration Tribunal at the Bogotá Chamber of Commerce, in accordance with the following rules. The Tribunal will be subject to the regulations of the Bogotá Chamber of Commerce Arbitration and Conciliation Centre. The Tribunal will consist of three (3) arbitrators, appointed by the Bogotá Chamber of Commerce. The Tribunal will decide in law. If the controversy is of a technical nature, the Chamber of Commerce will appoint an expert who specializes in the subject. The Tribunal will have a period of three (3) months from the date on which it is set up in which to pronounce on the subject. All costs involved in setting up and operating the Tribunal will be borne in equal parts by the parties to this agreement. Settlement of a controversy by an Arbitration Tribunal does not suspend execution of the contract, except for those aspects thereof which depend directly and necessarily on the controversy being settled.
22. Applicable Law. These TERMS AND CONDITIONS will be construed and executed exclusively in accordance with the laws of the Republic of Colombia, notwithstanding provisions governing conflict in any other country.
23. Amendments. No section of these TERMS AND CONDITIONS may be amended, suppressed or added to unilaterally by the user of the Site.
24. Applicability. If any section or part of these TERMS AND CONDITIONS cannot be applied or is invalid either wholly or in part under any law, or is declared to be so in a judicial decision, such part will be construed in accordance with applicable law, and the fact that the said part is not applicable or is invalid will not mean that these TERMS AND CONDITIONS in general and the remaining provisions herein or portions thereof are inapplicable or invalid or ineffective in their entirety, and in such case, the said provisions will be changed and construed in such a way that the objectives of the non-applicable or invalid provisions are achieved as best as possible, within the limits of applicable law or applicable decisions made by the court.
26. Non-Waiver. Should MAMUT not apply any of the conditions, terms and rights included in these TERMS AND CONDITIONS, this will not be construed as a waiver of the right that MAMUT holds to enforce or execute such provisions in the future.
27. Latest Update. These TERMS AND CONDITIONS were last updated on February 01 2010. We would remind you that when you access and use the Site, including each and every MAMUT website, we will understand that you freely undertake to adhere to these TERMS AND CONDITIONS.