NEODECK USER AGREEMENT
This NeoDeck User Agreement ("Terms of Services") applies to your access to and use of our
website,
services, applications, software, mobile apps, tools, widgets, and any other products and services
(collectively, the "Services") provided by NeoDeck Holdings, Corp. ("NeoDeck,"
"We," or "Us").
By accessing or using our Services, you agree to be bound by these Terms of Services as amended from time to
time.
If you do not agree to these Terms of Services, you may not access or use our Services.
We encourage you to also look at the NeoDeck Privacy Policy—it explains how we collect, use,
and share
information about you when you access or use our Services.
Effective March 1, 2020. Last Revised March 1, 2020.
You may use the Services for your personal, non-commercial use only. You must be over the minimum age required
by the law to create an account or otherwise use the Services, or we need to have received verifiable consent
from your parent or legal guardian. If you are accepting these Terms of Services on behalf of another legal
entity, including a business or a government, you represent that you have full legal authority to bind such
entity to these Terms of Services.
You acknowledge and agree that we do not control the User Content (meaning all of the items provided by Users,
collectively named "User Content") posted to the Services or any part of them, or any links to other websites,
including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any
User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction,
encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or
otherwise displayed on or transmitted via the Services, or (ii) we do not make any promises, guarantees or
warranties with respect to any of the User Content or products, services, information, content or materials
featured or mentioned on the Services. All User Content, including advice and opinions posted by Users,
comprises the views and responsibility of those who post such User Content, and does not necessarily represent
our views. You understand that, by using the Services, you may be exposed to User Content that is offensive,
indecent or objectionable.
You acknowledge and agree that we do not actively monitor, and undertake no obligation to monitor or modify, any
reviews, information, content, data, text, links to third party websites, User profile information, sounds,
photographs, graphics, video, messages or other materials made available via the Services by any User .
Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our
sole discretion, against anyone who violates these Terms of Services, including without limitation, by removing
any User Content posted in violation of these Terms of Services, terminating the registration of such violators.
You agree that you are responsible for any information you provide or submissions you make through the Services.
You agree that you shall not submit false or misleading, unlawful, defamatory, abusive, obscene, or offensive
information.
You agree that you will not submit any material through the Services that will or may violate any law,
regulation, or rights of a third party, including but not limited to copyright, trademark, and/or privacy
rights. You agree that you will not remove any copyright, trademark or other proprietary rights notice contained
in or on any part of the Services.
You agree that you will not download, modify, reproduce, adapt, translate, reverse engineer, create derivative
works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the
Services. You shall not reformat or frame any portion of the Services.
You agree that you will not attempt to gain unauthorized access to another account or to the Services, or to
other computer systems or networks.
You agree that you will not use the Services to harvest, collect, gather or assemble information or data
regarding the Services. You also agree that you will not access, query, or search the Services with any
automated system. You shall not use any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of the Services.
You agree that you will not place or upload any viruses, Trojan horses, worms, time bombs, or other computer
programs that may interfere with the proper operation of the Services. You agree that you will not create or
transmit unsolicited electronic communications, such as "spam," or otherwise interfere with others’ enjoyment of
the Services. You also agree that you will not use the Services in any manner that could interfere with,
disrupt, negatively affect, damage, disable, overburden, or impair the functioning of the Services in any
manner.
You agree that you will not submit to the Services any content that is unlawful or facilitates, constitutes,
promotes or encourages illegal activity; or otherwise use the Services to violate any applicable local, state,
federal or international law or to transfer or store illegal, threatening, obscene or libelous or defamatory
material.
To use certain features of our Services, you may be required to create an account with us (an
"Account") and
provide us with a username, password, and certain other information about yourself as set forth in our Privacy
Policy.
You are solely responsible for the information associated with Your Account and anything that happens related to
Your Account. You must maintain the security of your Account and promptly notify us if you discover or suspect
that someone has accessed your Account without your permission. We recommend that you use a strong password that
is used only with the Services.
You will not license, sell, or transfer your Account without our prior written approval.
When we obtain content information or feedback, ideas, suggestions from you or it is submitted by you to the
Services, you agree that such provision to us is entirely voluntary, and you agree that we may use such content
information, ideas, suggestions, and feedback without any kind compensation or obligation to you.
The Services may contain links to third-party websites, products, or services (
“Third-Party
Content”
).
Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or
services.
Without limiting the generality of any other provisions of these Terms of Services, in relation to
User
Content
Posted By You
, you agree:
-
You may not post, upload or transmit any User Content that infringes or otherwise violates any
copyright,
patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or
is
proprietary to a third party, without such third party’s prior written consent.
-
You understand and agree that we do not monitor but reserve the right to review and delete any User
Content
for any or no reason, including User Content that, in our sole discretion, violates these Terms of
Services, is
offensive or illegal, or may harm, violate the rights of or threaten the safety of any User and/or any
other
individual or entity.
-
You are solely responsible for any User Content you post, publish or display on the Services or transmit
to
Users. You are solely responsible for the resolution of any disputes that arise between you and any
other User
or any other entity or individual.
-
You will post only User Content you believe in good faith to be true and accurate, and you will not post
any
User Content that is false, illegal, inaccurate, misleading or fraudulent.
Our Services, including the content of our website, logos, product names and service brands are protected by
copyright, trademarks, service marks, and/or other intellectual property rights laws.
It is prohibited the unauthorized use, copy, reproduction or distribution of our Services or content of our
website, logos, product names and service brands, without prior written consent from Us. All rights not
expressly granted are herein reserved. Nothing in these Terms of Service shall be deemed to grant to you or any
other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary
right of ours.
If you believe any User Content or any other aspect of the Services infringes a copyright, you should send us a
written notice of copyright infringement to the address provided below on this document to Contact Us.
Except to the extent permitted by law, you agree to defend, indemnify, and hold us, our licensors, our third
party service providers and our officers, employees, representatives, and agents (the
“NeoDeck
Entities”
)
harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or
arising out of (a) your use of the Services, (b) your violation of these Terms of Services or (c) your violation
of applicable laws or regulation. We reserve the right to control the defense of any matter for which you are
required to indemnify us, and you agree to cooperate with our defense of these claims.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. NEODECK, ITS LICENSORS, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES
ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. NEODECK DOES NOT CONTROL, ENDORSE, OR TAKE
RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER.
WHILE NEODECK ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT WARRANT THAT OUR SERVICES
OR SERVERS ARE COMPLETELY FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY,
OR OTHERWISE, WILL THE NEODECK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OF SERVICES OR THE
SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES. THIS APPLIES EVEN
IF THE NEODECK ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
We want you to have a pleasant use of our Services, so if you have an issue or dispute, you agree to raise it
and try to resolve it with us informally and in good faith. You can contact us with feedback and concerns by
emailing us at
[email protected].
You agree that your use of and access to the Services and these Terms of Services and any disputes relating
thereto are construed and shall be governed in all respects by the laws of the Commonwealth of Puerto Rico. Any
dispute relating to the Services and these Terms of Services shall be resolved solely in the state court located
in Ponce, Puerto Rico. No action may be brought by you after one year beginning from the moment the cause of
action has accrued.
We may make changes to these Terms of Services from time to time. You understand and agree that the Services may
be modified by us, at our sole discretion and at any time, without prior notice. If we make changes, we will
post the amended Terms of Services to our Services and update the Effective Date above. Therefore, we recommend
that you read these Terms of Services each time you access or use the Services. By continuing to access or use
the Services on or after the Effective Date of the revised Terms of Services, you agree to be bound by the
revised Terms of Services. If you do not agree to the revised Terms of Services, you must stop accessing and
using our Services before the changes become effective.
This Agreement is effective until terminated. You may terminate these Terms of Services at any time and for any
reason by deleting your Account and discontinuing your use of all Services. We may terminate this Agreement if
you fail to comply with any term or condition of this Agreement, or if you fail to pay the appropriate fees.
You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and
conditions. You further agree that it is the complete and exclusive statement of the agreement between Us which
supersedes any proposal or prior agreement, oral or written, and any other communications between Us relating to
the subject matter of this Agreement. These Terms of Services constitute the entire agreement between you and us
regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of
these Terms of Services will not operate as a waiver of such right or provision. If any provision of these Terms
of Services is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms of Services
will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms of
Services without our consent. We may freely assign these Terms of Services.
You can Contact Us or ask questions at:
NeoDeck Holdings, Corp.:
Attn: Caroline Marrero
Tel. 787-651-4444 Ext. 4425
2053 Ponce by Pass, Suite 209,
Ponce, PR 00717
[email protected]
NEODECK PRIVACY POLICY
At NeoDeck Holdings, Corp. we understand that privacy is important.
We are strongly committed to protecting the privacy of the information you provide to us.
The following privacy policy is designed to help you understand how and why NeoDeck Holdings, Corp.
(“NeoDeck” “We” or “Us”) collects, uses, protects and handles information about you and whether and
how we disclose or share it to anyone once gathered by us when you use our website, services, applications,
software, mobile apps, tools, widgets, and other of our products and services (collectively, the "Services") or when you
otherwise communicate or interact with us or receive a communication from us. This Privacy Policy applies to the Services,
as described previously.
We may, from time to time, make changes or updates to this policy. By using our Services,
you are accepting the practices described in the Privacy Policy as amended from time to time.
If you do not agree to the terms and conditions of this Privacy Policy, do not use the Services.
Effective March 1, 2020. Last Revised March 1, 2020.
A. Information Provided By You
We collect information you provide to us directly when you use the Services. This includes:
Personal Data and Account information. While using our Services, we may ask you to provide
us with certain personally identifiable information that can be used to contact or identify you
("Personal Data"). Personal Data may include, but is not limited to: Name, Address, State, Province,
ZIP/Postal code, City, Phone number, Email address, debit/credit card or payment information,
Cookies and Usage Data. In addition, to create an account, you must provide a username and password.
We seek such information primarily to contact you or for administration, management and processing and
improvement of our Services. In addition, we may use such information to improve our marketing and
promotional efforts, analyze Services usage and data, improve or customize our Services, process debit/credit
card payments and provide customer service. If you opt into communications from us when prompted, we may use
personal information to contact you and send you information, such as through e-mail communications or updates.
You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or
instructions provided in any communication we send.
We may use outside service providers to facilitate our Services or overall operation. These third parties
may have access to your personal information as needed to perform their functions, but
they may not use it for any other purpose, and they are responsible of complying with our Privacy Policy and principles.
Content information. We collect the content you submit to the Services or the actions you take when using the Services.
This includes your interactions with content, like polls, reports, questionnaires, voting, saving, hiding, posts, comments, drafts,
messages, chats, and other communications with moderators and with us. Your content may include text, links, images, gifs, and videos.
Transactional information. If you purchase products or services from us, we will collect certain information from you,
including your name, address, email address, and information about the product or service you are purchasing.
Payments may be processed by us or by third-party payment processors (e.g., PayPal), so please refer to the applicable processor’s
terms and privacy policy for more information about how payment information is processed and stored. Other information.
You may choose to provide other information directly to us. For example, we may collect information when you fill out a form,
participate in our sponsored activities or promotions, apply for a job, request customer support or otherwise communicate with us.
B. Information We Collect Automatically
When you access or use our Services, we may also automatically collect certain usage information about you which may include:
Log and usage data. We may log information when you access and use the Services. This may include your IP address,
user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), pages visited,
links clicked, what features you click on and read (in whole or in part), the requested URL, hardware settings, and search terms,
number and frequency of visitors to this website and what features of the website are most popular to our visitors.
Except for the IP address used to create your account, we will delete any IP addresses collected. This collective data helps
us in internal purposes such as to determine how much our visitors use parts our Services, to do internal research on our users’
demographics, interests and behavior, so as to better understand and serve you. In addition, we may aggregate data and disclose
such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes.
Information collected from cookies and similar technologies. We may receive information from cookies, which are pieces of data your
browser stores and sends back to us when making requests, and similar technologies. We use this information to improve your experience,
understand user activity, personalize content and advertisements, and improve the quality of our Services. For example, we store and retrieve
information about your preferred language and other settings. For more information on how you can disable cookies,
please see Use of Cookies and Tracking section below.
Location information. We may receive and process information about your location. For example, with your consent, we may collect information
about the specific location of your mobile device (for example, by using GPS or Bluetooth). We may also receive location information from you
when you choose to share such information on our Services, including by associating your content with a location, or we may derive your
approximate location from other information about you, including your IP address.
C. Information Collected from Other Sources
Other Sources or Third-Parties. We may receive information about you from other sources, including third parties,
and combine that information with the other information we have about you.
We may use third party analytics providers to deliver content targeted information and to better understand your use of the
Services and interests. These third parties may collect information sent by your computer, browser, or mobile device in response
to a request for content, such as unique identifiers, your IP address, or other information about your computer or device.
You can control how we use this information to personalize the Services for you by adjusting your preferences in your Profile page.
Linked services. Our Service may contain links to other sites that are not operated by us. If you click on a third-party link,
you will be directed to that third party's site. If you authorize or link to other services (e.g., third-party apps or websites) we may
receive information about your use of that service when it uses that authorization. Linking services may also cause the other service to send us
information about your account with that service. We strongly advise you to review the Privacy Policy of every site you visit. We have no control
over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
To learn how information is shared with linked services, see Use and Share of Information About You below. You can control how we use this
information to personalize the Services for you by adjusting your preferences on your Profile page.
Information collected from integrations. We also may receive information about you, including log and usage data and cookie information,
from third-party websites that integrate our Services, including our embeds, buttons, and technology. For example, when you visit a website
that uses our embeds, we may receive information about the web page you visited. You can control how we use this information to personalize the
Services for you by adjusting your preferences on your Profile page.
We use information about you to:
-
Provide, maintain, operate, evaluate and improve the Services, including developing new products and services,
managing our communications, analyzing our Services and customer base, conducting market research,
aggregating and anonymizing data, performing data analytics, and undertaking accounting, auditing and other internal functions;
- Research and develop new services;
-
Help protect our and our users’ security, safety and privacy, which includes blocking suspected spammers, addressing abuse,
and enforcing our user agreement and our other policies, terms and conditions;
- Send you technical notices, updates, security alerts, invoices and other support and administrative messages;
- Provide customer service;
- Communicate with you and provide products, services, offers, promotions, news and events, and other information we think will be of interest to you;
- Analyze and Monitor trends, usage, and activities in connection with our Services; and
- Customize and Improve the Services and provide content and features that match user profiles or interests.
- Comply with and enforce applicable legal requirements, relevant industry standards and our policies.
In general, we do not sell, share, rent or give away information about you unless one of the following circumstances applies:
-
With our providers. We may share information with vendors, consultants, and other service providers such as analytics providers,
who need access to such information to carry out work for us. The provider’s use of personal data will be subject to appropriate
confidentiality and security measures consistent with this Privacy Policy.
-
To comply with the law. We may share information in response to a request for information if we believe disclosure is in
accordance with, or required by, any applicable law, regulation, legal process or governmental request, including, but not
limited to, meeting national security, law enforcement requirement, intellectual property rights, fraud, data privacy and
security. We can (and you authorize us to) disclose any information about you to government officials and private parties as we,
in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property
infringement or other activity connected to our Services which could be illegal or may expose us to liability. We will never
knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent.
If we become aware that a child under 13 has provided us with personally identifiable information without verifiable parental consent,
we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that his or her child has
provided us with personally identifiable information without verifiable parental consent, he or she should contact us at
[email protected].
-
To enforce our policies and rights. We may share information if we believe your actions are inconsistent with our terms and conditions,
user agreements, rules or policies, or to protect our Services, rights, interests, property, safety, privacy and security.
-
With your consent. We may share information about you with your consent or at your direction.
-
Aggregated or de-identified information. We may share information about you that has been aggregated or
anonymized such that it cannot reasonably be used to identify you.
-
With linked services. The Services may provide the ability to connect and, therefore, share your
information with other websites, devices, apps and other features, which may operate independently from us and may
have their own privacy notices or policies. We strongly suggest you review them. To the extent any linked website, device,
app or other feature is not owned or controlled by us, we are not responsible for its content, use or privacy practices
We maintain reasonable and appropriate administrative, technical, electronic and physical safeguards and
protocols designed to protect the privacy of the personal information we obtain through the Services against accidental,
unlawful or unauthorized destruction, alteration, access, disclosure, or use. While we work very hard to protect your privacy,
no method of security is 100% effective, and we cannot be responsible for the actions of those who may gain unauthorized access
to your personal information. We make no warranties, express, implied or otherwise, as to the ultimate effectiveness of our reasonable
and appropriate safeguards.
We may use cookies and similar tracking technologies to track the activity on our Services and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Examples of Cookies we may use are session
cookies (used to operate the Services) and preference cookies ( used to remember your preferences and various settings).
Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags,
and scripts to collect and track information and to improve and analyze our Services.
Most web browsers allow you to exercise control over cookie files on your computer by erasing them, blocking them, or notifying
you when such a file is stored. Please take a look at your particular browser for instructions on this function. However, if you
do not accept cookies, you may not be able to use some portions of our Services or you may not be able to take full advantage of a
personalized experience when using our Services.
You have choices about how to protect and limit the collection, use, and disclosure of information about you.
You can access and change certain information through the Services upon registration. To update your preferences,
change your information or limit its use and collection go to your Profile page.
You can also request a copy of the personal information we keep about you or submit a request by reaching us as
specified in the How To Contact Us section below.
You may delete your account information at any time from the Profile page. You can also submit a request to delete the
personal information we keep about you by reaching us as described in the How To Contact Us section below.
We may retain certain information about you for internal analysis purposes, or for legitimate business purposes,
or as required by law or for as long as is necessary for the purposes set out in this Privacy Policy or in connection to the Services,
even after you delete your account. We will retain and/or use your personal information only to the extent necessary to comply with our
legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our
legal agreements terms and policies.
We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our personal information or
privacy practices with respect to the Services. We will notify you of any changes by posting the new Privacy Policy on this page.
We will indicate at the top of the policy when it was most recently updated.
You can Contact Us or ask questions at:
NeoDeck Holdings, Corp.:
Attn: Caroline Marrero
Tel. 787-651-4444 Ext. 4425
2053 Ponce by Pass, Suite 209,
Ponce, PR 00717
[email protected]
You agree that your use of the Services, this Privacy Policy and any disputes relating thereto shall be
governed in all respects by the laws of the Commonwealth of Puerto Rico. Any dispute relating to this Privacy Policy
shall be resolved solely in the state court located in Ponce, Puerto Rico. Thank you for visiting our website. If you
have any questions about our website or our Privacy Policy, please contact us at
[email protected].