This agreement regulates the conditions of use for the website www.marcaria.com & blog.marcaria.com
PLEASE READ AND REVIEW THIS “AGREEMENT” BEFORE USING THE “WEBSITE”. ANY USE OF THE “WEBSITE” BY THE “USER” INDICATES THAT HE/SHE/IT HAS READ ITS CONTENT AND EXPRESSLY ACCEPTS IT. IF YOU DO NOT ACCEPT THIS “AGREEMENT,” PLEASE DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF. I. PRIOR DEFINITIONS
For all the intents and purposes of this “Agreement”, the following definitions will apply:
“Attorney” is the lawyer or law firm in charge of the services requested by the “User” within the “Territory” and acting in the ordinary course of its business
“Agreement” is the AGREEMENT ON THE TERMS AND CONDITIONS OF USE.
“Company” is Marcaria.com Corp., the corporation that has the mission of promoting and rendering the services of trademark registration, domain name registration, company formation and registration, and other related services.
“Contracting Parties” are the “User” and the “Company.” The “Company” is responsible for all services requested by the “User”. The “Company” represents the “User” before the “Trademark Offices” and before the “Registrar of Companies”.
“Charge” is the amount of money in the specified currency for each case, that the “User” must pay to the “Company” in order to receive the contracted service.
“Power of Attorney” is a written authorization issued according to the corresponding legal requirements of each “Territory” that the “User” delivers to the “Company” and the “Attorney” in order for them to perform all the necessary actions required to apply for a Trademark or to Create a Company (Incorporation) on behalf of the “Titleholder.”
“Registration Administrator” is the organization in charge of administering top-level Domain Names. These top-level domain names are classified as generic domain names (gTLDs or Generic Top Level Domain, like .com, .org, .net, etc.) and domain names that identify a country code (ccTLDs or country code Top Level Domain Names, like com.ar, .es, .com.br, .cl, etc.) .
“Company Formation Request Contact Form” is the form that the “User” must fill out through the “Website” with the data therein required by the “Company” and by the “Attorney” to render a Company Formation Service.
“Service Request“ is the form that the “User” must fill out through the “Website” with the data therein required by the “Company” and by the “Attorney” to render a specified service.
“Specific Contract“ is the agreement whereby the “Company” pledges to perform the services requested by the “User” through the “Website” for a specific “Service Request”. The ”User” in turn commits to deliver all the information therein required together with the payment of the “Charge” for the requested service.
“Titleholder” is the owner of the Trademark, Domain Name, or Company that wishes to register and that identifies him-/her-/itself as such in the Registration Request for Trademark, Domain Name, Company Formation Service or related services. The “Titleholder” may be a natural or legal person and act by him-/her-/itself or through his/her/its representative.
“Trademarks Office” is the Governmental Authority of the country where the “Attorney” requests and files the trademark registration.
“Companies Register” or “Registrar of Companies” is the Governmental Authority of the country/state/province where the “Attorney” requests and files the company creation.
“User” is the “Titleholder” or his/her/its representative, identified as such by registration through the “Website”. He/she/it is responsible of delivering all the information in each of the “Website” Service Application Forms. It is understood when the “User” is a representative that he/she/it is expressly authorized by the “Titleholder” to deliver this information to the “Company”. All communications will be exclusively held between the “Company” and the “User”.
“Website” is the internet site www.marcaria.com, in which services related to the Registration of Trademarks, Domain Names and Company Formation Services are offered.
“Territory”, refers to a country jurisdiction or other territorial organizations in which the “Attorney” will exclusively render the services requested by the “User”.
II. GENERAL RULES
1. The trademarks and logos used in the “Website” are protected by the standing rules and regulations on Industrial and Intellectual Property and may not be used in any way whatsoever by third parties without the authorization of their owner.
2. The “Website” contains materials, designs, graphics and images that are owned by Marcaria.com Corp. and that are protected by Copyright rules and regulations. These materials or any part thereof shall not be reprinted, published, distributed, relayed, or transferred in any way whatsoever without the prior authorization of Marcaria.com Corp.
3. The “Company“ is only liable for rendering the services for which it has been contracted for through the “Website.”
4. It is understood that the “User,” by virtue of accessing the “Website,” or using its services, expressly waives any indemnification, claim or right that he/she/it may have against the “Company” and its representatives.
5. Under no circumstance will the “Company,” its “Attorneys” and/or employees be responsible for any damages that the “User” may incur while using the “Website” or any link to the site, except when expressly provided to the contrary. The extent of this liability clause is applicable to damages of any nature, including, but not limited to, the loss of data and programs, losses in results, losses or interruptions of businesses, and third party claims.
The “Company” services are provided on an “As is”, “As available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. The “Company” expressly disclaims any representation or warranty that the “Company” services will be error-free, timely, secure or uninterrupted. No oral advice or written information given by the “Company” its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice.
Under no circumstances, including negligence, will the “Company” or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the “Company” services, including but not limited to reliance on any information obtained on the “Company” services; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to “Company” records, programs or services. The subscriber hereby acknowledges that this provision will apply whether or not the “Company” is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available.
As consideration for the services requested, the “User” agrees to pay the “Company,” applicable service(s) fees. All fees payable hereunder are non-refundable.
6. In spite of the efforts made by the “Company” the information delivered through the “Website may contain typographical or data errors which will be rectified immediately upon detection. The “User” takes upon all responsibilities and risks for the use of the “Website” and for the information obtained therein.
7. The “Company” and the “Attorney” take upon no responsibility in the event that a Trademark, Domain Name or Company Formation is not granted. The “User” accepts ab initio that any objection, opposition, or rejection, or any other situation that prevents the further processing of the registration request, is not the responsibility of the “Company its directors, employees, and “Attorneys” and hereby waives any indemnification.
8. All the actions taken by the “Company” and the “Attorney” will be performed according to the information delivered by the “User.” To such effect, the “Company” and the “Attorney” will not accept any responsibility if such information infringes any third party rights or contains errors and/or omissions. The “User” is absolutely responsible for the data delivered in any “Service Request” available on the “Website,” whether recommended or not by the “Company.”
9. The “Company” neither represents nor controls other web sites that can be accessed through the “Website”, with the exception of www.patentarea.com, and consequently, has no responsibility for the content, use, products, and services that may be available in those other web sites.
10. The surveillance service and the search service for Trademarks and Domain Names may contain errors and/or omissions derived from the information available in the data banks, whether proprietary or not, of the “Trademarks Offices” or the “Registration Administration” which may themselves contain errors and/or omissions. The “User” releases the “Company” and its “Attorneys” of any such responsibility, waiving any claim for indemnification due to error, incomplete information, or in respect of recommendations and propositions made by the “Company” according to this information.
11. Under no circumstance the “Company” and the “Attorneys” will be responsible for any damage, loss of data or their inputs incurred by the “User” as a consequence of his/her/its connection with the “Website” or due to the interruption of a communication, or malfunctioning of the “Company” servers.
12. The parties agree that the “Company” may change this “Website” “Agreement” without notification to the “User,” in order to improve the service or due to changes in the rules and regulations of the country in which the application is being filed. It is understood that the unmodified Terms and Conditions remain in full force and must be complied with by the parties.
13. The “Company” will provide a password to the “User,” or a personal access keyword, to access the web pages of “My Trademarks.” The “User” will be responsible for the custody and nondisclosure of this password as well as of its use.
14. The delays and errors resulting from force majeure will not be considered a breach of the “Company” or the “Attorney” services, including but not limited to, problems arising from elements of nature, fires, acts of war, national security attacks, coups d’état, or interruptions in the “Website” derived from major technical problems as determined by the “Company.”
15. Upon submittal of the Service Request, the non-“Titleholder” “User” certifies that he/she/it is authorized by the “Titleholder” “User” to request the services and bind him/her/it according to the terms of this Contract.
16. The “Company” will not return the “Charge” paid, in case of errors and/or omissions made by the “User,” including, but not limited to, a breach in the terms of this “Agreement”, delivery of incorrect information when submitting any “Service Request” and/or the incorrect modification of necessary information for the processing thereof.
17. The “User” is responsible to contract through the “Website”, within the deadlines established by the “Company,” the legal services in case of objections, oppositions, and refusals in the processing of the “Service Request”. The “User” must be aware that the deadlines are binding, meaning that if the required action is not complied with within the prescribed term, the right for a cause of action is relinquished, what normally leads to the loss of the registration request and/or other rights.
18. The “User” accepts and declares that, if he/she/it does not contract certain services within the term required by the “Company,” it will be assumed ipso jure that he/she/it relinquishes his/her/its interest in pursuing the processing of the respective “Service Request” terminating the “Specific Contract,” without any refund of money whatsoever by the “Company.”
19. The “Charges” for the different services offered on the “Website” are those in force at the time of payment by the “User.”
20. The “User” declares that by virtue of filling out the form of any “Service Request” he/she/it guarantees to the “Company” that all the information supplied in them is true and based on the principles of mercantile bona fide and further guarantees that he/she/it knows this “Agreement” in its entirety as well as the remaining contracts associated with it.
21. The “User,” by means of this “Agreement,” declares that he/she/it is entirely responsible for any claim, procedure, damage, injury, loss, or cost that may arise from, or that is related to, his/her/its deeds.
The “Company” will not be responsible for the content of the Domain Name Registration that has been requested by the “User”. The “User” is exclusively responsible for the content of his/her/it Domain name which must not be contrary to the law, accepted moral codes and norms of good behaviour. In case of infringement, the “User” shall respond before the correspondent authorities, liberating the “Company” from any responsibility.
22. The “Company” and the “Attorney” are obliged to render the requested service after it has received from the “User”: (i) the information required in the respective “Service Request” contained on the “Website”, (ii) payment of the respective charge, and (iii) the Power of Attorney, in such cases where this is necessary.
23. The “User” must provide and cooperate, during the processing of the “Service Request” in an integral, complete and opportune manner, delivering precise and trustworthy information, and responding to the requirements for information requested by the “Company” within the terms indicated.
24. The Trademark Registry grants the “Titleholder” the right to use the Trademark in the way it is conferred and for the products, services, and industrial or commercial establishments included in such rights.
25. The Company Formation Service grants the “Titleholder” the right to use the Company in the way it is conferred and for the purpose included in such rights.
26. The Privacy Policies of the “Website” are an integral part of this “Agreement.”
27. The “Company” may terminate this “Agreement,” the “Contract” and the authorization to the “User” to use this “Website” from the moment he/she/it ceases to comply with his/her/its obligations with the “Company.”
It will be a cause for termination of this “Agreement”: (i) the delivery of any inaccurate information by the “User”; (ii) the “User” refusal to update or deliver the requested information; and (iii) the “User” failure to provide instructions within the terms required by the “Company” to continue processing the contracted services.
28. All communications between the parties will be via e-mail or fax and directed to the “Contracting Parties” addresses.
29. The “Contracting Parties” establish as their legal domicile the country where the Trademark, the Domain Name registration or the Company Formation Service is being requested or has been registered or created. This “Agreement” will be construed, interpreted, and governed by the laws of the country where the Trademark, Domain Name registration or Company Formation Service has been requested or is registered or created.
30. The “Company” reserves the right, without expression of cause, to reject any request for service.
32. You acknowledge you have read, understand and agree to be bound by Marcaria’s Anti-Spam Policy available here.
You agree Marcaria may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Marcaria liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account
To learn more about the contract conditions of the services provided by the “Company”, please check: