Usage conditions

The TOMi.digital Platform was born as an application that allows creating, sharing and presenting various digital contents, which has been consolidated in the market as a tool that supports the transformation of traditional training scenarios. We thank you for entering our Platform and using the products and services of TOMI INC (hereinafter referred to as the "Services").

Then, the terms and conditions of use of the TOMi.digital Platform will be presented. The platform is constantly updated in order to make improvements, correct errors, integrate technologies and include new features, from this, it is made the exception that we are not responsible for any inconsistencies that may arise during this period and that may generate in the user any kind of inconvenience.

The use of our Services implies the acceptance of the anticipated conditions; that the TOMi.digital Platform may modify or add to reflect regulatory changes or in the Services. The TOMi.digital Platform will publish notices related to the modifications of the present conditions in this page, said modifications will not be applied retroactively and will come into force in a period of no less than 15 days from the date of its publication. However, modifications that affect the new functions of a Service or changes made due to legal issues will take effect immediately.

The present conditions govern the relationship between the TOMi.digital Platform and the user, and do not generate any rights from which a third party may be a beneficiary. In case of conflict between these conditions and the additional conditions, these will prevail over the additional ones. If the user does not comply with the established conditions and the TOMi.digital Platform does not take any action in this regard immediately, it will not be understood that the TOMi.digital Platform renounces the rights it may have, such as, for example, carry out the corresponding legal or administrative actions in the future. In case of failure to comply with the conditions or in the services provided by the user, civil and criminal justice will be sought. It is important to state that our services show some contents that are not owned by the TOMi.digital platform.

These contents are the exclusive responsibility of the entity that has made it available to the same and the general public. We can review the content to determine if it is illegal or violates our policies, and delete it or refuse to publish it if it does not comply with them or does not comply with the relevant legal provisions, however, this possibility does not necessarily imply that we review all the contents.

Terms

  1. The user must not use our Services in an inappropriate manner, that is, you can not in any way illegally interfere in said Services, nor try to access them using a method other than the interface and the instructions provided by the TOMi.digital Platform, consolidating a violation of the copyright whenever any of the behaviors foreseen in these conditions of use is carried out.
  2. When the user, by any means or procedure, reproduces a work of a literary, scientific, artistic or cinematographic nature, phonogram, videogram, software or computer program, or, transport, store, keep, distribute, import, sell, offer, acquire for sale or distribution, or supply said reproductions in any capacity.
  3. When the user represents, performs or publicly exhibits musical works, phonograms, videograms, cinematographic works, or any other work of a literary or artistic nature.
  4. When the user rents or, in any other way, commercializes phonograms, videograms, computer programs or software or cinematographic works.
  5. In cases permitted by law, neither the TOMi.digital Platform nor its suppliers or distributors will be responsible for the loss of profits, income, data, financial losses or for indirect, special, derivative, exemplary or punitive damages. In no case, neither the TOMi.digital Platform nor its suppliers and distributors will be responsible for any loss or damage that is not reasonably foreseeable.
  6. When the user fixes, reproduces or commercializes the public representations of works or audiovisual or musical contents.
  7. When the user arranges, makes or uses, by any means or procedure, the communication, fixation, execution, exhibition, commercialization, diffusion or distribution and representation of a work of the protected in this title

Consistently and given the undue action of the user when executing any of these behaviors, we may immediately suspend or cancel our Services, without prejudice to other civil and criminal actions contemplated by law for the specific issue.Given the occasion that the user does not comply with our policies or conditions will proceed in the same way to the cancellation of your account in the TOMi.digital Platform, leaving the platform authorized to have indefinitely of all the contents that the user has provided during the validity of your account and by virtue of your access to the platform, without any restriction. Similarly, since the creation of the account by the user, he authorizes TOMI INC to make use of the contents that he has provided and at any time, without any type of restriction.

The use of our Services does not make the user the owner of any of the intellectual property rights of the same or of the content that can be accessed through the TOMi.digital Platform, the user may only have the content of our Services if he receives express authorization of its owner. The fact of not having our services includes the following elements:

  • The profit motive.
  • The intention to damage the heritage of others.
  • The concepts of honest uses and personal use developed by Decision 351 of the Cartagena Agreement.
  • That none of the exceptions set forth in Article 9° of the Berne Convention be set.

Guarantees and disclaimers of liability

The TOMI.digital Platform changes and improves its Services constantly. Therefore, it is possible that we add or remove some functions or features, or suspend or cancel a Service completely. Similarly, the TOMi.digital Platform may stop providing the Services or add or create new limitations at any time.