1. SERVICES SUBJECT TO TERMS AND CONDITIONS

The services available through WWW.SANDOMINGO.COM are provided in accordance with the terms and conditions contained in the respective contracts entered into between SAN DOMINGO and its Customers, the General Terms of Use, Policies, and Legal Terms contained on this website, in compliance with the applicable laws of the Bolivarian Republic of Venezuela

2. WEBSITE INTENDED SOLELY FOR VENEZUELA

If you access this website from outside the Bolivarian Republic of Venezuela, you will be subject to the laws of the places of connection and any other regulations that may be applicable, which SAN DOMINGO declares it does not know or is not aware of.

3. USERS OUTSIDE VENEZUELA

Any USER accessing this website from outside the Bolivarian Republic of Venezuela does so at their own risk and is responsible for complying with the applicable laws in that jurisdiction.

SAN DOMINGO is not liable for any effects that the content of this website may cause outside the territory of the Bolivarian Republic of Venezuela, nor can it guarantee that the content of its website is appropriate for territories other than the aforementioned one.

4. RESPONSIBLE AND LEGAL USE OF THIS WEBSITE

THE USER agrees to use this Website responsibly, in compliance with the law, public order, and generally accepted standards of conduct. Furthermore, the User agrees to refrain from using the Website for any unlawful purposes or in any manner that infringes upon the rights or interests of third parties.

THE USER also agrees not to damage, disable, or render inoperable the programming language, source codes, operation, functionality, or presentation of this Website.

In particular, THE USER shall refrain from:

a) Using the content of this Website for purposes or effects contrary to the law, morality, generally accepted standards of decency, or public order.

b) Reproduce or copy, distribute, allow public access through any form of public communication, transform, modify, or delete the content of this Website, unless authorized by the owner of the corresponding rights or such action is legally permitted.

c) Remove, circumvent, or manipulate the “Copyright” notice or other identifying information regarding the rights of SAN DOMINGO, or of the third parties cited as owners thereof, and the respective digital signatures, if applicable.

5. SECURITY MEASURES AND TECHNOLOGICAL GUARANTEES

Security of this website: USERS are prohibited from violating or attempting to violate the security of this website, including:

a) Accessing data not intended for them.

b) Accessing a server or account to which they are not authorized.

c) Assessing or testing the vulnerability of the system or network.

d) Violating security or authentication measures without proper authorization.

e) Attempting to prevent access to the service by any user, host, or network, including, without limitation, by sending viruses to the website, or through flooding, mass mailings, “spamming,” mail bombing, or system crashes.

f) Sending unsolicited emails, including promotions and/or advertising for products or services, or falsifying any TCP/IP packet header or any part of the header information in any email or discussion forum messages.

Violations of system or network security may result in civil or criminal liability. SAN DOMINGO reserves the right to investigate cases in which such violations may have occurred and may contact and cooperate with the competent authorities to prosecute users involved in such acts.

USER Security: In the event that SAN DOMINGO implements online product sales through this website, it will adopt the necessary security measures to safeguard the integrity of the information submitted by USERS, including verifying the authenticity of such messages, all in accordance with the provisions of the LPCU.

6. LIMITATION OF LIABILITY FOR THIRD-PARTY CONTENT/ACTIONS

• Various Services: SAN DOMINGO may provide THE USER with various information through the diverse services available on its website. The information appearing in these sections may be provided by third parties, and therefore SAN DOMINGO is not responsible for the accuracy or reliability of such information. The statements and opinions expressed in interviews and opinion pieces are the sole responsibility of their authors. The events or occurrences described are for reference only, and SAN DOMINGO assumes no responsibility for any decisions THE USER may make based on such information. Nor is it responsible for the accuracy of the times and locations indicated in these sections, which are the sole responsibility of their providers.
• Special Sections: The content and information provided by SAN DOMINGO in the various sections of its website, whether current or future, should always be considered purely for reference and informational purposes.

7. GENERAL LIMITATIONS

Misuse of this website: THE USER must refrain from obtaining, or even attempting to obtain, information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any type of material accessible through the Website, using means or procedures other than those that, as the case may be, have been made available for this purpose or indicated on the Website. SAN DOMINGO assumes no liability for any misuse of this website by THE USER.
Liability for viruses: THE USER of this website understands and accepts that SAN DOMINGO does not guarantee in any way that the text or graphic files available, as provided for in these notices, will be free of viruses, Trojan horses, or other malicious or destructive code; THE USER is responsible for taking sufficient measures and performing adequate checks to ensure the accuracy of the information contained on this website, as well as for maintaining any means of data recovery in the event of data loss.

8. COPYRIGHT

The original copyright to the design of this website has been transferred to SAN DOMINGO. USERS of this website must assume and hereby agree that each and every section, name, text, phrase, photo, video, and recording is protected by copyright, unless otherwise stated in the Terms, Policies, and Conditions of this website. Therefore, the content thereof may not be used, in whole or in part, without the written consent of the owner.

All content on this main page or on internally linked pages, including text, logos, icons, video, audio, and computer programs, is the property of SAN DOMINGO or has been duly licensed by SAN DOMINGO for its use. The software on this website may only be used as a resource for downloading the material found on it. In this regard, SAN DOMINGO is not liable for any damage caused to users’ electronic devices resulting from the use of the available computer programs, as THE USER downloads them at their own risk. SAN DOMINGO has made every technical effort to avoid any incompatibility with the electronic devices it recommends for downloading such programs.

If you believe your copyright has been infringed in any way, please send a message to the “Contact” address listed on this website.

SAN DOMINGO reserves the right to electronically protect the copyrights contained on this website, and the USER may not make any claim whatsoever regarding such protection.

9. TRADEMARKS

The trademarks, slogans, logos, and other distinctive signs appearing on this website belong to SAN DOMINGO and have been duly registered with the competent authority; their unauthorized use by third parties is strictly prohibited. SAN DOMINGO reserves the right to take any legal action it deems appropriate to enforce its rights both in Venezuela and abroad.

The use of any trademark or similar content from this website by third parties, whether for simple reference or direct or indirect affiliation, must be previously authorized in writing and signed by authorized personnel of SAN DOMINGO for that purpose.

10. DOMAIN NAMES

SAN DOMINGO expressly prohibits the total or partial use of any of its trademarks or trade names for the registration of Domain Names on the Internet, unless written authorization has been granted as stipulated above.

11. NO SPONSORSHIP

Under no circumstances should it be interpreted that SAN DOMINGO is directly or indirectly sponsoring third-party websites, unless sufficient authorization is demonstrated or provided. Consequently, SAN DOMINGO does not endorse or sponsor any product, campaign, or promotion on the Internet, unless otherwise officially stated on this website or any other website used by SAN DOMINGO for specific purposes.

12. USE OF HYPERLINKS (“LINKS”)

As mentioned in the General Terms of Use, this website contains or may contain links to other websites operated by individuals or legal entities other than SAN DOMINGO. It is reiterated that these links have been provided solely and exclusively for the convenience of its USERS. Unless expressly stated on this website, SAN DOMINGO has not investigated nor is it aware of the content, origin, or operation of the websites to which the links refer. For this reason, it is exempt from liability for the content and procedures used on such websites, as well as for the use that third parties may make of them, even if they have accessed them through this website, such use being solely and exclusively at the USER’s own risk.

13. META TAGS & FRAMING

SAN DOMINGO expressly prohibits the use of the name SAN DOMINGO or similar terms as keywords or “meta tags” on websites other than those owned by SAN DOMINGO, its affiliated companies, or those with which an agreement to that effect has been established.

SAN DOMINGO reserves the right to take appropriate legal action should it detect the use of its name as described above.

SAN DOMINGO prohibits the total or partial use of any content from its website through the use of “frames” without its express consent, which is defined as the process by which a webpage is divided into two or more screens simultaneously displaying content originating from other websites of a different nature. The use or display by any other website of any content from WWW.SANDOMINGO.COM will be considered a direct violation of these Terms and Conditions, entitling SAN DOMINGO to pursue the appropriate legal actions.

14. SPAM (UNSOLICITED E-MAIL)

• To users/third parties: It is SAN DOMINGO’s policy not to use the e-mail addresses provided to it to send unsolicited e-mails and/or advertising information, a practice commonly known as “spam,” and in this regard, it will use its best efforts to enforce this policy. SAN DOMINGO will not use the email address provided by THE USER or subscriber for any purposes other than those related to the Contracts entered into with its Clients and/or Affiliates, all in accordance with the terms contained in said Agreements, and in compliance with the provisions of Article 34 (Procedures) of Chapter V (Protection in Electronic Commerce) of the LPCU.
  SAN DOMINGO may use the email addresses and other information for statistical purposes to improve the provision of its services.
• From users/third parties: SAN DOMINGO makes email addresses available to the USER through various sections of its website. These addresses must be used for the specific purpose stated therein. Under no circumstances should they be used to send unsolicited commercial emails or bulk emails. Any commercial offer of goods and/or services must be discussed with authorized SAN DOMINGO personnel.

SAN DOMINGO reserves the right to take any legal action it deems appropriate in connection with any illegal and/or abusive use that users or third parties may make of the email addresses available on this website, to the detriment of SAN DOMINGO’s computer equipment (software, hardware).

15. CYBERCRIMES

SAN DOMINGO will make every reasonable effort to maintain the security and integrity of its website in order to comply with the provisions of the General Terms of Use, Privacy Policy, and Legal Terms. However, given the technical complexity of the medium, SAN DOMINGO shall not be held liable—and in this regard, THE USER accepts this and releases SAN DOMINGO from liability—for any damage that may be caused to a third party resulting from the illegal or illegitimate manipulation of SAN DOMINGO’s computer systems, to the detriment of the trust and/or good faith of the user public. In this regard, SAN DOMINGO urges its USERS to notify it via its “Contact” page of any irregularities in the functioning or operation of WWW.SANDOMINGO.COM.

16. COMPANIES OR ASSOCIATIONS

THE USER acknowledges and agrees that by accessing this website, unless a formal contract is entered into, no partnership, association, joint venture, agency, mandate, or agreement of any other kind is formed with SAN DOMINGO or its subsidiaries. Any partnership or alliance of the aforementioned nature must be negotiated with SAN DOMINGO and shall be set forth in a separate document for that purpose.

17. LEGAL FRAMEWORK, OFFICIAL NOTICES, AND LAWS

SAN DOMINGO may make legal information available to USERS of its website for reference purposes only and shall not be liable for the content available therein that has been issued by government authorities or agencies, whether national, state, or municipal; Courts of Justice, and Military Bodies, since such notices, both in terms of content and liability, are the sole responsibility of the entities that issue them. Information of this nature that is available has been included for the convenience of customers, without SAN DOMINGO being responsible for verifying its validity or accuracy. Any individual or legal entity wishing to obtain reliable information must consult the official source of such information.

18. INDEMNIFICATION OF OFFICERS

THE USER hereby declares that, by accessing this website, he/she shall hold harmless all officers of SAN DOMINGO – including the President, Vice President, Directors, Managers, employees, and suppliers—from any and all liability, damages, and losses, including emotional distress, lost profits, or consequential damages, general expenses, including attorneys’ fees resulting from the USER’s violation of any of the obligations contained in SAN DOMINGO’s General Terms of Use, Policies, and Legal Terms, and any of the aforementioned officers may exercise their legal rights against the USER to enforce this obligation.

19. GENERAL DISCLAIMER OF LIABILITY

THE USER of this website releases SAN DOMINGO from all liability for any loss, damage, expense, or cost, including attorneys’ fees, arising from the violation of any laws related to this website and to the General Terms of Use, Policies, and Legal Terms of this website.

20. FAILURE TO EXERCISE RIGHTS

Any failure on the part of SAN DOMINGO to exercise any of the rights to which it is entitled shall not be construed as, nor shall it constitute, a waiver, either partial or total, of the legal actions to which it is entitled.

21. PARTIAL INVALIDITY

In the event that any provision of the General Terms of Use, Policies, and/or Legal Terms of this website is declared invalid by a Competent Authority, or becomes unenforceable, the remaining provisions shall remain in full force and effect.

22. NOTIFICATIONS

SAN DOMINGO may validly notify USERS of its website regarding any matter related to the service it provides, through the SANDOMINGO.COM homepage, a news section or similar feature on the site, or via the USER’s email address held by SAN DOMINGO, at its discretion. THE USER may contact SAN DOMINGO through the means available on this website or any other contact address provided by SAN DOMINGO.

23. GOVERNING LAW

The terms of use and policies of this website shall be governed and interpreted in their entirety by the laws of the Bolivarian Republic of Venezuela.

24. LEGAL ADDRESS

For all legal purposes arising from the use of this website, the City of Caracas, Venezuela, is designated as the legal address, and the parties hereby submit to the jurisdiction of its courts.