Welcome and thank you for carefully reading the Terms of Service (hereinafter the "Terms") that govern the access to and use of Telnya (hereinafter the "Platform") and all services therewithin.
The Platform offers a set of services that allow communication between users and the use of technologies and applications.
Use of the Services (or Accounts) constitutes acceptance of these conditions.
The Standards and Terms of Use will be available along with relevant services, and form part of the agreement, which is established with Telnya by using its services. We recommend that you read carefully. Violation of any of these clauses may result in the suspension of services, without any consideration, financial or otherwise.
Companies adhering to any of our Programs for Partners or Affiliates (hereinafter Licensors), are subject to the Individual Conditions of each of these groups.
3.1 The use of the Telnya offers great advantages but acts only as a "tool" and "medium" for promote the hiring, collaboration or association between users inside or outside the platform. Because of this, it is essential that:
The User agrees to supervise Permits, Activations, Blocking or Suspensions that may affect the agreements reached with other users. Improper or incorrect use can affect your own activity, or that of other Users and/or Consumers.
The User shall be solely responsible for any use which may be made of the services within or through the Platform, on their website or that of a third party, as well as all internal and external Content directly or indirectly linked to their account.
3.2 The user declares that they have permission to publish, sell, rent, import, export, or manufacture, sublicense, or distribute their Content whether it be: Products, Services, Trademarks, Logos, Patents, or Copyrighted content irrespective of its format including, but not limited to: text, video, images, graphics, websites, or links to third parties.
3.3 Telnya may amend the Terms at its sole discretion at any time without giving notice by posting the relevant amended and restated Terms, in which case the latest conditions published always apply.
3.4 The User acknowledges and agrees that Telnya is not required to actively monitor nor exercise any editorial control over the content of any message or content published onto, through, or linked to the Platform. Each member is solely responsible for their information, content and activities and will be held legally responsible for the use and publication of those.
3.5 The User acknowledges and agrees that they are solely responsible for compliance with applicable laws and regulations, and that the proper use of the Platform will not infringe upon or violate any law.
3.6 The User declares that they are of legal age to form a binding contract with other Companies, Organizations, or other Professionals in accordance with the laws of their country.
3.7 If a User violates any of the Terms or if Telnya has reasonable grounds to believe that a User has breached the Terms, or is notified by other users of a breach, they may partially or fully suspend access to services or give a reasonable time, deemed appropriate by the Platform, for the provision of documentation to prove otherwise.
4.1 All rights, titles, and interest regarding the Services (excluding Content of Users) is and will be owned and licensed by Telnya. The Services are protected by intellectual property and branding rights, as well as the regulations of the United States and other countries. These Terms do not grant you any right in connection with the use of the name Telnya, its logos, domain names, or any other distinctive brand features.
4.2 By becoming a Member, you consent to the inclusion of the information from your user profile in our database, authorizing Telnya and its Licensors to share that information with any Platform User or handle such information in accordance with the Privacy Policy.
4.3 The Services may include advertisements in free accounts in consideration of the fact that Telnya allows the access and use of its Services, or in paid accounts (if authorized by the User) that may be related to the Content or information provided in your Profile or any other information. The type and characteristics of advertising Telnya shows through Services are subject to change. You agree that Telnya and its Licensors may include advertising in Services in connection with the reproduction of Content or the information that you or others provide through the same.
4.4 Telnya reserves the right to access, read, save, and disclose any information as is reasonably necessary in order to (a) comply with any law, regulation, legal process or governmental request whenever applicable, (b) enforce the Terms, including investigation of any potential violation thereof, (c) detect, prevent, or deal with fraud or security or technical issues, (d) respond to requests for assistance from users, or (e) safeguard the rights, property or safety of the Platform, its users, and the public.
4.5 By posting your Content and information on the Platform you grant an irrevocable, perpetual, worldwide, royalty-free, sub-licensable to display, transmit, distribute, reproduce, publish, copy, adapt, modify, translate, create derivative works, and use any or all User Content in any form, media or technology now known or not currently known in any manner and for any purpose which may be beneficial for its company, the operation of the Platform and/or the provision of Services. You confirm and guarantee to Telnya that you have all the rights, power and authority necessary to grant the above license.
4.7 The platform offers different services which show contents of each User. This content is solely the responsibility of the entity who has made it available. We can review the content to determine if it is illegal, if it violates our policies, remove or refuse to publish it if we reasonably believe that violates our Terms or the law. However, this possibility does not necessarily imply that we review content, so it should not be assumed that we will do so.
5.1 The user is informed that there may be risks when dealing with people acting under false pretenses or identities. Although Telnya tries to verify the identity of Users, procedures may not be accurate and therefore cannot guarantee that this identity corresponds to the owner. The User will always ultimately be responsible for authenticating users prior to any contact, communication, or relationship that arises, exempting Telnya from any liability as a result of incorrect data, false documentation, or impersonation of identity.
5.2 As part of the verification procedure, the user is required to provide information about their professional profile, business or products/services as part of the registration process. The information in the user profile must be authentic and verifiable.
5.3 The primary contact of the account acts as an authorized legal representative of the account, whether a Partenership, Corporation, Freelance professional, or any legally constituted business name, therefore becoming the Administrator of it.
5.4 Each Member represents, guarantees, and agrees that (a) that the information submitted during the registration process or later is true, accurate, current, and complete and (b) that all information that affects to professional profile, business or organization will be promptly updated to be true, accurate, and complete. The proof of its falsity, absence, or inaccurate data may lead to the total or partial cancellation of service without any right of complaint until an Official Body (local, national or international) or a Certification Authority (CA) verifies this information.
6 - Free Services and Payment.
6.1 The opportunity to enjoy free services is offered, however Telnya may suspend, limit, extend, or restrict, even without notice, the service of free accounts without this resulting in any liability for the removal of content.
6.2 The enforcement of payment of contracted products begins on the date of contracting, except in the products where activation is not immediate, in which case they will start when Telnya communicates to you that you may now access the Services, at which time you receive a set-up email with the access information.
6.3 The prices of products or services provided always correspond with those published at the time of their acquisition or renovation.
6.4 The payment of contracted products must be made in advance and exclusively through credit/debit and whose payment periods may be: per month, trimester, or year, depending on the specific characteristics of the product purchased, the client can choose between the available products the time of contracting. In any case, the client may change the frequency of payment afterwards, provided that the contracted product characteristics permit it and that the invoice for that period has not yet been issued.
6.5 In general, extensions and/or additional services contracted for the product will be charged with the same payment frequency that has been chosen for the product itself.
6.6 Extensions and additional services contracted after the main product is billed at the time of contracting and the amount will not be prorated so that the following invoices are issued with the same periodicity of payment chosen for each service independently.
6.7 If the consumption of some contracted telecommunications services is exceeded, the applicable rates will be applied at that time. The User must consult the corresponding consumption indicators or notices in order not to exceed the limits that may lead to unforeseen payments or the suspension of the service.
6.8 Most of the prices indicated on the web include VAT, but others do not. In any case, prices or may be subject to the taxation of each country and the variation of currencies.
6.9 Telnya reserves the right to temporarily suspend services because of any incident in the collection of payment for the service and/or for non-payment until resolution of the same. If the client does not proceed to pay after notice of temporary suspension it will be cause for permanent expulsion from the service for breach of the Conditions of the Contract on their part, Telnya assumes no responsibility for any consequences that may arise as a result of the temporary suspension or service de-registration. Failure to pay for additional services will result in interruption of service.
6.10 In the case of deactivation of services because of non-payment, all data associated with it may be eliminated. If you contract it again, you must add all the data again.
6.11 The amount of the contracted price applicable to the product may be reviewed at any time by Telnya, as provided in the modifications clause of these Terms.
6.12 Due to the complexity of the processes and / or irreversibility of the contracted products, no right of return is offered for any payment made for the acquisition of services except for those that have clearly been acquired by mistake and allow their reversibility.
6.13 The guarantees apply to the initial contracting of service and covers the amount of product purchased, excluding other items not specifically mentioned in the Conditions of Contract that are applicable.
6.14 Specifically, outside the scope of this warranty, given that the customer must pay the amount in such cases, are: the extensions, additional services, software licenses, and consumption amounts for in excess of the assigned contracted service.
7 - Passwords: Personal Use and Multiple Use.
7.1 By registering with the site, you need to have a secure contact email to serve as primary liaison for sending documentation, notices, messages, passwords, or other data. The User will act as the Administrator of the account.
7.2 The Administrator will be solely responsible for maintaining the confidentiality and security of multiple passwords for access to different panels. No User may share, assign, or permit the use of their account, ID, or passwords to persons not expressly authorized by you. You acknowledge that the unauthorized access may irreversibly compromise all agreements and ongoing activities, loss, theft, extraction, manipulation of content, or dissemination of messages with confidential information critical to your activitie. The user should apply for a new password as soon as possible if there is knowledge of the loss, subtraction, or unauthorized access to the panel, taking responsibility for damages that may arise from this.
7.3 The Administrator recognizes that access, use, and management of their account by third parties (Multiple use) inside or outside of their activity, can lead to failures, errors, negligence, insecurity, or irreparable damage to your account and/or to other Users or Consumers. You assume all liability that may arise from such practice.
7.4 The Administrator states that they, and each additionally authorized User of the account, have obtained all necessary consent, approval, and waivers from the owner, partners, or associates in order to operate on all Platform Services including, but not limited to: (a) authorizations, confirmations, cancellations, messages, agreements and all types of contracts, validations, cancellations and permits with third parties, management of applications, purchase or cancellation of services (b) Content management and publishing, true, accurate, complete and legal descriptions and information, (c) is not false, misleading or deceptive; (d) does not contain information that is defamatory, libelous, threatening or harassing, obscene, hateful, offensive, sexually explicit, or harmful to minors; (e) does not contain information that is discriminatory or that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (f) does not violate the policy of selling products, or any Additional Terms applicable, (g) does not violate current laws and regulations (including those governing export control, consumer protection, unfair competition, false advertising) or promote any activity that may violate any laws and regulations; (h) contains no direct or indirect link to any other website containing content that would violate the terms and in which case they act as legitimate representatives assuming as their own and on behalf of the entity, all the responsibility that such actions may result in.
8 - Restrictions of Content Services.
8.1 You agree to use the Platform only for your own purposes whether private, public or personal, and agree not to take any action to undermine the integrity of other Users or gain unauthorized access to computer systems or networks of this type. You may not (a) copy, reproduce, download, republish, sell, distribute, or resell any of the Services or any information, text, images, graphics, video clips, sound files, directories, databases, lists, etc. available within or through the Platform and (b) not to copy, reproduce, download, compile, or use any site content for the purpose of operating a business that competes with Telnya, or otherwise commercially exploit the content of platform. (c) Automatic scanning (scrubbing) and the systematic removal of content from the platform (scraping) to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, devices automatic or manual processes) without written permission from Telnya, (d) any attempt to interfere with or disrupt the activities of other Users or the Platform including, but not limited to, the following: sending viruses, overloading, flooding, sending emails whether unwanted (spam) or fraudulent (fishing), bombarding with emails, or using Content script which Interferes or supposes an unreasonable burden to the Services or Users. (e) Access, tamper with, or use non-public areas of the Services, Telnya computer systems or technical systems or the technical delivery providers of the Platform, (f) probe, check or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (g) simulated communication applications (bots) (h) access, attempt, or purport to access or search the Services by any means (automated or otherwise) other than Telnya interfaces that are provided publicly (and, in any case, are subject to these terms and conditions), unless you have been specifically authorized by an individual agreement with Telnya, i) carry out agreements, associations, or commercial transactions with other users of the Platform while not acting in good faith. The detection of such processes or publication of the contents without permission could result in the automatic suspension of services and civil claims or criminal proceedings before the Courts and legal bodies on the part of Telnya or its Licensors.
8.2 You may not use the Platform or any of its applications to participate in activities that are identical, similar or that may result in a parallel activity on the Internet without express authorization.
9 - Agreements between Users and Content Transfer.
9.1 The User has total freedom to establish, promote and carry out all kinds of agreements or collaborations with others and freely establish: forms and conditions of payment, duration of contracts, rates, etc. However, it is the conditions described in the agreements reached that must they finally be scrupulously respected. Any change may lead to the breaking of the agreement between the parties.
9.2 Each member declares, guarantees and accepts that: a) That he will be solely responsible for providing all necessary legal authorizations, that he has the appropriate training and official professional qualification or demonstrable skills to carry out the assigned work or activitie, and the licenses and permits from third parties necessary to fulfill the commitments made b) That the work, services or content he offers does not infringe or violate any copyright, patent, trademark, trade name, industrial secret or any other personal or proprietary right of any third party, and that (c) they have the right and authorization to exercise, develop, manufacture, market, distribute, exchange, rent, publish or exploit the services or products described and that such content does not infringe the rights of any third party.
9.3 All users should ensure before any agreement that all information they possess has been verified for possible negligence or claims.
9.4 Agreements between users do not differ from any other legal agreement. The Platform is offered as a means of connecting the contents of messages and digital acceptances, but this may not be sufficient. Therefore, the user should contact all guarantees, endorsements, signatures, invoices, or documentation deemed appropriate in order to verify, protect, and enforce the agreements reached by the parties, pledging to keep backup copies of the messages, emails, or other documentation evidencing the agreements such as: dates and duration of contracts, fees, payment forms, or any contractual consideration whether it be Web Space Rental or Exchanges that have no economic value.
9.5 In case of violation of agreements between users, the affected parties may terminate the commitments or where appropriate, take appropriate legal action if they consider it so. However, the user agrees to act in good faith and give prior notice to the extent possible that such violation may lead to suspension of the agreements if not corrected.
9.6 Telnya will not intervene in agreements between Users or their content, neither is any content safeguard, nor is it witness, moderator, directly or indirectly, leaving Telnya exempt from any liability that may arise, without exception. Their performance is limited solely to the application of the Terms and the proper provision of the services offered.
9.7 The User agrees that "by Clicking" on the corresponding buttons: Activate, Refuse, Block, Suspend, Cancel, Accept or Deny gives "legal value" to all activities carried out such as: acceptance of agreements, alliances, partnerships, subscriptions, sending, or receiving messages, permits, validations or otherwise, be deemed to have been authorized by the User using their full power, assuming all responsibility that such actions may cause to your account, or that of third parties.
10.1 Failure to comply with the Terms described herein, or any breach of Telnya´s Regulations of Use (which are an integral part of these Terms), assumes the partial, total, temporary, or permanent suspension without notice and without the right of a refund or compensation and which may include without limitation: (a) Claims by other Users, (b) the falseness, impersonation, or misrepresentation of the data provided, (c) dissemination of content that violates property be it intellectual, copyright, trademark, or the patents of their respective owners, (d) content that is abusive, insulting or threatening, content, products, or services which are illegal or lack sufficient legal safeguards or clearly violate the interests of others, (f) the demand of a lawsuit or any other judicial action applied from any country, (g) non-payment of services (if the services are paid), or (h) any free account.
10.2 The Platform may publish, report or warn of illegal, dishonest, or fraudulent activity that may harm the Platform or interests of its members.
11 - Disputes between Members.
11.1 Telnya does not act as a mediator between users, does not set or value, or intervene, or claim, nor judge any contractual right between users.
11.2 If you feel your contractual rights with third parties have been violated, such as: abuse, overreaching, or interruption of service agreed before the due date, misrepresentation, illegality, deception, changes, negligence of the agreed content to be published, default, or any damage that supposes a loss, economic, or regarding image, measures that are deemed appropriate should be taken in the corresponding courts.
Telnya stands apart and is exempt of any dispute between users affecting the agreements and individual contracts between parties, but reserves the right in individual cases without involving any obligation of acting in case of clear violation of the terms or repeated requests, with the temporary suspension of the account until clarification of the allegations.
11.3 In order to protect your own interests regarding potential disputes, the User must save all messages or documentation that clearly list and detail confirmation of the agreements reached.
11.4 Before a potential arbitration or investigation either on the part of the Police, Telnya (in relation to the violation of the Terms), or Judicial arising from a complaint whether civil or criminal, the User agrees to provide all information, documentation and irrefutable proof necessary (including contracts, emails, letters, bills, text messages, etc.), with which to evaluate and verify without a doubt that another user has violated the Terms, rights or contractual agreements. After checking the documentation, Telnya may take action it deems appropriate and ranging (without incurring an obligation) from notice, to blocking certain services until the violation is corrected, or the suspension of the service. It will assess the recidivism of the offender or the repeated complaints from other Users.
12.1 Telnya.com is the sole owner or lawful licensee of all rights and interests and content.
12.2 Trademarks, Logos, and other distinctive graphics, documentation, and/or videos correspond to their owners (Users or not). They are not to be reproduced without authorization.
12.3 Regarding software licenses and other intellectual/industrial property rights, the User acknowledges the ownership of the manufacturers and/or suppliers of all intellectual property rights that may be held over them and promises to observe the terms of said licenses and to answer to the use thereof.
13 - Suspension and Maintenance of Services.
13.1 Telnya changes and constantly improves its services. Therefore, we may add or eliminate certain functions or features, suspend or cancel all or part of a Service, either because it is not useful or does not meet expectations for which it has been created. Users will be informed well in advance of such actions without thereby reserving the right to do so without notice. In no case is Telnya responsible for the suspension of services that may be caused.
13.2 Services can be totally or partially suspended for any reason of force majeure which prevents operation or threatens security without this resulting in any right to claim any compensation or extension of the contract by the user.
13.3 Telnya reserves the right in free accounts, without notice, to restrict or eliminate access to services and are subject to other conditions that may be imposed by their sole and complete discretion.
14.1 You may terminate your account at any time. From that moment you will no longer appear as a User and therefore will not appear in searches made on the Platform, however for security reasons, we establish a period of three months where you can still recover your account (and its contents), if wanted. After three months the account is deleted completely.
14.2 The Platform reserves the right to disable or delete free accounts due to prolonged inactivity.
15 - Disclaimer and Limitation of Liability .
15.1 In no case is Telnya nor its suppliers or partners liable for loss of profits, revenue, data, financial loss or for any indirect, special, consequential, exemplary, or punitive damages, nor shall they be liable for any direct or indirect cause related to the utilization that any of the the Users of Telnya.com services among which may include without implying any limitation of any indirect, incidental, special, consequential, or punitive damages, or any loss of profit, which may have been incurred in directly or indirectly, or any loss of use, goodwill, or other intangible losses resulting from (i) access to or use of or inability to access or use services, (ii) any conduct or content generated by another user or a third party through the services, including without limitation to: any defamatory, offensive, or illegal conduct, (iii) any content posted through the Services, or (iv) access, use, or unauthorized change of passwords.
15.2 The parties acknowledge that the entry into force of these Terms and/or Product Specific Conditions contracted, does not imply any representation, delegation, guarantee, or agreements other than those specifically described therein, and accordingly, all terms, conditions, guarantees or other aspects implied by general regulations or agreements are explicitly excluded to the extent permitted by Law.
15.3 Some jurisdictions provide certain guarantees, such as a specific warranty of merchantability, appropriateness for a particular purpose and non-infringement. To the extent permitted by law, Telnya excludes all warranties.
15.4 To the extent permitted by law, the total liability of Telnya, as well as its suppliers and partners, for any claim made under these conditions, including any implied warranty is limited to the amount paid for contracted services.
16.1 Any information that you provide Telnya is subject to our Data Protection Policy that covers the collection and use of your information by Telnya. They hereby inform you that the use of the Services involves implied consent to the collection and use of this information (as provided in the Data Protection Policy), including, also, your implicit consent for the transfer of this information to the United States or other countries for storage, processing, and use by Telnya. As part of providing the Services, we may have to notify you of certain information such as, for example, developments in connection with the provision of the Services, or administrative posts. These notifications are considered part of the Services and your Account, so it is possible that, for this reason, you cannot refuse to receive them.
17 – Applicable Law and Competent Courts.
17.1 These Terms and any action related thereto will be governed in accordance with the provisions of the law of the State of Florida without any principles being in conflict with laws of your state or country of residence. For this, you agree that any claim, proceeding or litigation arising in connection with the Services will irrevocably be submitted to the federal or state courts located in Miami-Dade County, FL, USA, and also will hereby be subject to the jurisdiction and venue of courts, and waives making any exception of forum non conveniens.
17.2 In the event that you are a federal, state or local U.S. government entity using the Services in the capacity as such and cannot be subject to the applicable regulations or the forum provided in the preceding clauses, such clauses shall not be applicable. In the case that it is a governmental entity of the United States federal character, these Terms and any action arising therefrom shall be governed in accordance with the laws of the United States (without reference to principles of conflict of laws) and, in the absence of federal law and to the extent permitted by federal law, the laws of the State of Florida (excluding choice of applicable law).
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