TERMS OF USE

The website www.noelschajris.fan (hereinafter referred to as “THE PORTAL”) is owned and operated by DYNAMITO INC. These Terms of Use describe the terms and conditions under which the User of the PORTAL authorizes and expresses his/her consent to the use of and interaction with the PORTAL, including any promotion of events and artistic work related to the public figure well-known as “Noel Schajris” (hereinafter also referred to as “THE ARTIST”), the acquisition of the services and/or products offered in the online store located on the PORTAL (by way of example but not limited to: “personalized sung greetings”, “singing lessons”, “master classes”, “CDs”, vinyl, cassettes, etc.), subscription and, in general, all functionalities and operations that are carried out within the PORTAL.

USERS of the PORTAL accept and are bound by the terms and conditions incorporated into these conditions of use. If the USER represents a private or public institution or organization, it will be understood that the organization accepts the terms and conditions established herein.

Any person or organization that does not agree with the terms and conditions expressed herein, which are mandatory and binding, will not be able to access the marketing services provided by DYNAMITO through the PORTAL.

Whenever the USER is bound by the terms of these conditions of use, it is his/her responsibility to read, understand and accept the content of the terms and conditions contained herein, so that once the purchase and/or acquisition and/or contracting of any of the products or services promoted through the PORTAL has been completed, it will be understood that he/she has expressly agreed to be bound by the terms and conditions contained herein.

1.- DEFINITIONS AND CONCEPTS.

DYNAMITO: corresponds to the company that controls, operates and administers this PORTAL, who is also the owner and/or exclusive licensee of the intellectual property rights that protect the source code, programs, databases, files and, in general, all those functionalities that make up the PORTAL, also appearing as the owner or authorized licensee for the use and reproduction of the trademarks, commercial notices, works, among other industrial and intellectual property rights that are reproduced or stated within the PORTAL.

PORTAL: the website https://noelschajris.fan/, which is used and has as its purpose the promotion of “THE ARTIST”, as well as the marketing of entertainment services, merchandise, musical works with lyrics, audiovisual works and, in general, all products and services that can be acquired through the aforementioned website.

USER: The natural or legal person who accesses the PORTAL and who has fully agreed to the terms and conditions included in these conditions of use.

INTERMEDIARY SUPPLIER: The third parties involved with whom DYNAMITO has entered into commercial agreements for the receipt of orders for the sale of the services and/or products offered in the online store located on THE PORTAL shall be responsible for the collection of transactions and deliveries resulting from purchases made by the USER on the PORTAL; as well as reservations for events offered on the PORTAL.

PRIVACY POLICY: Information that makes transparent the rules and procedures for the processing of your personal data that you have voluntarily made available to DYNAMITO. The privacy policy is specifically stated on the PORTAL.

PAYMENT GATEWAY: Computer systems provided by third parties to manage transactions arising from purchases of products and acquisition of services within the PORTAL.

2.- SUMMARY OF THE CONDITIONS OF USE.
Below is a summary of the content of these conditions of use, which comprise the generality of the terms and conditions to which the USER will be subject when accessing and using the PORTAL:

• DECLARATION OF CONSENT: By using the PORTAL, the USER accepts the terms and conditions contained herein.
• ADDITIONAL PROVISIONS AND CONDITIONS: The PORTAL may contain other provisions in addition to these terms of use. The Privacy Notice included on the PORTAL describes the information we collect and how we use it. There may be other regulations that apply to particular features of the PORTAL, but you must click to accept those terms.
• THIRD PARTY WEBSITES/INTERMEDIARY SUPPLIERS: The PORTAL may contain links to third party websites and/or intermediary providers, and DYNAMITO is not responsible for these.
• PORTAL MAINTENANCE: Occasionally, there may be interruptions in the functionality of the PORTAL due to maintenance, updates or improvements carried out on it.
• PRODUCTS AND SERVICES OFFERED ON THE PORTAL: The products and services offered on the PORTAL are listed, as well as the process for acquiring and paying for them. In addition, the terms applicable to making the promotions and discounts acquired by the USER effective are mentioned.
• ACQUISITION OF PRODUCTS AND SERVICES ON THE PORTAL: The steps to follow to achieve the purchase/acquisition of the products and services offered on the PORTAL are described.
• PROMOTIONS, DISCOUNTS, SUBSCRIPTIONS AND EVENTS: The USER may access various promotions and discounts for the acquisition/contracting of the products and services offered on the PORTAL. Likewise, the USER may contract subscriptions and access events on a preferential basis.
• ACCOUNT ACCESS VIA THE PORTAL: The provisions applicable to the use of an account on the PORTAL are mentioned; likewise, means for submitting comments and complaints in relation to the PORTAL are established.
• GENERAL OBLIGATIONS APPLICABLE TO THE PARTIES: The general obligations assumed by DYNAMITO and the USER in accordance with these conditions of use of the PORTAL are mentioned.
• INTELLECTUAL PROPERTY: Limitations on the use of the intellectual property rights of DYNAMITO and the ARTIST are determined and the means to report any violation of copyright are established.
• LIMITATIONS ON USE OF THE PORTAL: The restricted activities for PORTAL USERS are stated.
• INTERACTIVE FUNCTIONS, COMMUNITIES AND FORUMS: The interactive functions between PORTAL USERS are mentioned.
• DISCLAIMER AND EXCLUSION OF LIABILITY: DYNAMITO offers no warranty whatsoever regarding the PORTAL and its use by the USER. The PORTAL is presented “as is”.
• LAWS AND DISPUTES: These Terms of Use are governed by the laws of California and the United States. Any dispute will be brought exclusively in a court located in Los Angeles, California.

3. DECLARATION OF CONSENT.

The USER must review these conditions of use carefully, with the understanding that, by accessing and using the PORTAL, the USER will be fully accepting these conditions of use, being aware that, if he/she does not agree with their content, he/she will not be able to acquire the products and/or services offered on the PORTAL. In this regard, the USER is recommended to cease using the PORTAL if he/she does not agree with these conditions of use.

DYNAMITO assumes that the USER is aware of the legal capacity that he or she holds. In the event that there are USERS with legal or judicial incapacity, it will be understood that at the time of accepting the terms and conditions in question, he or she was authorized by his or her legal representative and/or guardian, the latter being responsible for any conduct of his or her representative.

4. ADDITIONAL PROVISIONS AND CONDITIONS.

In addition to these Terms of Use, the PORTAL includes digital documents that regulate the relationship between DYNAMITO and the USER, such as the Privacy Notice that accompanies the PORTAL (identified as “privacy policy”), which describes the personal information that DYNAMITO collects from USERS. It also describes how DYANAMITO uses the personal information shared by the USER and some of the measures used to protect the privacy of their data. By accepting these Terms of Use or by using the PORTAL, the USER is also consenting to the collection, use and disclosure of their personal data in accordance with the aforementioned Privacy Notice.

5. THIRD PARTY WEBSITES/INTERMEDIARY SUPPLIERS.

When the USER uses some of the services provided by third parties or intermediary providers within the PORTAL, it will be understood that he/she has given his/her consent for the use of the services in question, and it is possible that the third party may request his/her acceptance or express consent regarding the terms and conditions applicable to the respective service, and it is the USER's responsibility to use it properly for lawful purposes. In such cases, the USER may be asked for his/her express consent to the terms and conditions of the intermediary providers involved, for example, by checking a box or clicking on a button that says "I accept." This type of agreement is known as a "click-through" agreement. If the terms and conditions of the click-through agreement are different from these conditions of use, such terms and conditions will complement or amend these conditions of use, but only in relation to the matters governed by the "click-through agreement."

Third parties or intermediary providers shall be understood as those entities other than DYNAMITO with whom it has entered into commercial agreements to carry out the reception of orders for the sale of products, the collection of transactions, deliveries derived from purchases made by the USER on the PORTAL, the reservation or acquisition of tickets for events in which THE ARTIST participates, as well as the transmission of said events.

The PORTAL is primarily intended for the entertainment of USERS, as well as for the acquisition of products and/or services offered and marketed therein, with the involvement of intermediary providers being possible for the purposes described above.

The USER acknowledges and accepts that DYNAMITO will not be responsible for the use, interaction, as well as any damages that may result from the USER's relationship with websites and platforms outside the PORTAL, regardless of whether they are websites or web portals operated by intermediary providers with whom DYNAMITO has commercial agreements.

6. PORTAL MAINTENANCE.

DYNAMITO undertakes to make its best efforts to keep the PORTAL in service, as well as to provide the necessary maintenance on a regular basis, in order to provide the USER with fast, safe and easy navigation. Therefore, DYNAMITO will make its best efforts to ensure that the maintenance services required by the PORTAL are carried out at times that cause the least possible impact on navigation; in the event that maintenance is scheduled, DYNAMITO undertakes to notify the USERS in advance through the PORTAL; however, in the event that maintenance must be carried out on an extraordinary basis, the USER acknowledges that DYNAMITO will not be responsible for any interruptions to access that may occur on the PORTAL.

The USER acknowledges that DYNAMITO shall not be liable for any damage, harm or loss caused by failures in the system, the server or the Internet connection. DYNAMITO shall also not be liable for any virus, malware, badware, malicious code, malicious software, malicious software that could affect, damage, deconfigure, delete any type of information or software, among others, and/or infect the USERS' equipment as a result of accessing, using or examining its website.

The USER may not hold DYNAMITO responsible or demand payment for damages resulting from technical difficulties or failures in the systems or the Internet. DYNAMITO cannot guarantee continued or uninterrupted access to and use of the PORTAL. The system may occasionally be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond DYNAMITO's control; in such cases, DYNAMITO will try to restore it as quickly as possible without any liability being attributed to DYNAMITO.

7. PRODUCTS AND SERVICES OFFERED ON THE PORTAL.

The PORTAL has an online store where USERS can view various products and services, including, but not limited to, the following: “personalized greetings from THE ARTIST”; “singing lessons taught by THE ARTIST”; “master class taught by THE ARTIST”; “purchase of tickets for online shows in which THE ARTIST participates”; “purchase of tickets for musical tours in which THE ARTIST participates”; “CDs, vinyl, cassettes with THE ARTIST's musical works”; “official merchandise of THE ARTIST” (example: mugs, t-shirts, etc.)”; “VIP tour tickets for get-togethers with THE ARTIST”, etc.

The characteristics and specifications relating to the products or services are clearly described in the corresponding sections of the PORTAL.

The PORTAL is intended to promote and market the products and services offered by DYNAMITO, for acquisition in various countries and regions of the world, mainly countries in North America, Central America, South America and other Spanish-speaking countries.

8. ACQUISITION OF PRODUCTS AND SERVICES ON THE PORTAL.

The contracting process between the USER and DYNAMITO will consist of and be completed by means of the procedure described in this section. Once the procedure has been completed, it will be understood that the corresponding commercial transaction has been satisfactorily carried out.

Subject to these conditions of use, the USER may acquire one or more of the products and/or services offered on the PORTAL, subject to the following procedure:

• The USER will enter the PORTAL;
• Once inside the PORTAL, the USER may select any of the following options: “VIEW STORE” or “VIP LIVING”. In any of the selected options, the USER will be redirected to a window in which he/she must select the product or service option that he/she wishes to purchase from among the products and services mentioned in previous lines and others that may be offered on the PORTAL at a later time.

In the first option “VIEW STORE”, the USER will select the option they wish to purchase and when selecting said option, the PORTAL will redirect them to the specifications of the product or service they wish to purchase. In the event that they wish to purchase a product or service, the PORTAL will display the specifications of this, and they may choose, among others, the following:

• Personalized Greetings: Noel Schajris will personally address the person mentioned by the USER at the time of contracting the service via a digital video. The video will be sent exclusively to the USER. Payment: the payment process is conventional (read the following lines for proper understanding).
• Singing lessons: The duration of the service will be stated, as well as the price to be paid and the method by which the service is offered. Payment: The payment process is conventional.
• Master Class: This option consists of a singing class taught by Noel Schajris, the same class that will be offered through a platform whose URL is mentioned below. The USER will be redirected to another page, through which the service contracting process will continue. Payment: To pay for this service, the PORTAL will redirect the USER to the website https://yousicplay.com/virtuoso-noel-schajris/ where the service contracting process will continue.
• Online shows: This option allows the USER to view live broadcasts of shows in which THE ARTIST participated. The portal will display the date on which the show was given and the price for contracting the broadcast. Payment: the payment process is conventional.
• “Mi Presente” Tour: To purchase a ticket for the “Mi Presente” tour, the PORTAL indicates the different options that the USER can purchase, the same options that vary depending on the date and place of the show. The USER may select the show/event of their choice. Payment: To pay for this service, the PORTAL will redirect the USER to the website https://entradaya.com.pe/detalle/Noel-Schajris-Mi-Presente-Tour/ where the product contracting process will be followed.
• CDs: To purchase CDs, the USER may select any of the options offered on the PORTAL. Each of the options is accompanied by the name of the CD and the price for the purchase of the product. Payment: the payment process is conventional.
• Vinyls: To purchase vinyls, the USER may select any of the options offered on the PORTAL. Each of the options is accompanied by the name of the vinyl and the price for the purchase of the product. Payment: the payment process is conventional.
• Cassette: To purchase cassettes, the USER may select any of the options offered on the PORTAL. Each of the options is accompanied by the name of the cassette and the price for the purchase of the product. Payment: the payment process is conventional.
• Fashion and accessories: The products offered include, but are not limited to, mugs and t-shirts. To purchase any of the products offered, the USER will select the option they prefer, based on the images that reflect the design and cost of each product. In the case of clothing, the USER must select the size they want. Payment: the payment process is conventional.
• VIP Meetings: The USER may purchase tickets to spend 40 minutes with THE ARTIST. The USER may take as many photos as he or she wishes during that time. The purchase of this service indicates the price, date, place and time to take advantage of it. In the event that the USER purchases the ticket and does not show up at the agreed place and date, the USER may not request a refund or cancellation of the service and the ticket will be wasted. The experience does not include a ticket to the show. Payment: the payment process is conventional.
• Schajris Mega Fan: The USER may acquire a service that turns him/her into a monthly or annual Mega Fan. In the case of being an annual Mega Fan, the USER may acquire benefits with a value greater than one hundred US dollars.
• Schajris Mega Photo: The USER will be able to spend 5 minutes with THE ARTIST, taking photographs. If the USER so wishes, he/she can ask THE ARTIST's team to take the photographs and send them to the USER, with single access. Ticket to the show is not included. The USER must select from the PORTAL whether or not he/she wants the Noel Schajris team to take the photographs. If the USER selects the option to have the team take the photographs, the PORTAL will require information about the date and city in which the USER will attend his/her experience. This date and city must coincide with the dates and cities of THE ARTIST's shows. The experience indicates its price. Payment: the payment process is conventional.
• Schajris Personalized song: The USER may request a personalized song in the name of whomever the USER requests. Said song will be performed by Noel Schajris. Payment for this service does not imply a transfer of property rights of the work sent, nor will it be considered a commissioned work, so the moral and property rights over the work resulting from the contracting/acquisition of this product/service will be the property of THE ARTIST. Payment: the payment process is conventional.

The PORTAL has a “cart” system that allows the USER to accumulate products and services to finally make a single purchase process for all these selected products and services. It will only apply to those products or services that are managed through the conventional payment process, which is described below.

CONVENTIONAL PAYMENT PROCESS:

1. PAYMENT AND SHIPPING: The USER must enter his/her name, Last Name, country where the order is being placed, home/full address, telephone number and email address. He/she will have the option of indicating a different shipping address from the one indicated for billing. He/she will then send the selected data, completing this first step by selecting the “next” option.
2. ORDER AND PAYMENT: The shipping price (if applicable) will be separate from the product or service you wish to purchase. The shipping quote may be for picking up the product at the presentation venue or it can be quoted after purchase. Payment can be made through the STRIPE platform (https://stripe.com/mx?utm_campaign=paid_brand-MX_es_Search_Brand_Stripe-7351764142&utm_medium=cpc&utm_source=google&ad_content=392878872667&utm_term=stripe&utm_matchtype=p&utm_adposition=&utm_device=c&gclid=Cj0KCQjwxveXBhDDARIsAI0Q0x1IpjtfbCYwJxwCiTCPsa0rRAAVJjGYZveYZraOgl7Z9HZn3MHHRoQaArA5EALw_wcB) and PAYPAL. Other payment methods will be through bank transfers, payments by credit card and those that the same platforms stated, in their terms and conditions, indicate that they accept. The USER must accept the terms and conditions, the URL of which will be made available for him/her to review. The USER must then select the “next” option.
3. REVIEW ORDER: This is the third and final step of the purchasing process. In this step, the USER will be able to view the products or services that they are purchasing, their price, the shipping price, the USER details, the shipping address and the billing address. Finally, to complete the purchasing process, if the USER agrees, they will indicate this by selecting the “PLACE ORDER” option.

9. PROMOTIONS, DISCOUNTS, SUBSCRIPTIONS AND EVENTS.

Occasionally, there will be various promotions or discounts available to the USER on the PORTAL. The operations or transactions derived from said promotions or discounts will be subject to the specific terms, conditions and validity that are issued for each case on the PORTAL.

Notwithstanding the foregoing, the promotions or discounts that DYNAMITO issues on the PORTAL shall be subject at all times to the following conditions:

• Whenever the promotion requires it, the USER must prove to DYNAMITO or the INTERMEDIARY PROVIDER that they have the necessary codes to make the corresponding promotion valid; and
• In the event that any promotion includes products or services marketed by third parties other than DYNAMITO, it will be understood that DYNAMITO has made corresponding agreements with the corresponding individuals or legal entities.

SUBSCRIPTIONS AND EVENTS. Monthly/annual subscriptions may include benefits valid for 1 to 3 months. After this period, these benefits may be cancelled with or without notice. DYNAMITO is not liable if you choose to cancel the benefits.

Occasionally, the PORTAL may be used to view and/or attend events or performances (“Events”) or subscribe to ongoing media content websites (“Subscription”). In such cases, the following terms apply:

Your Subscription includes enrollment in a continuous/recurring payment schedule, which automatically renews at the end of each designated billing period (i.e., if you signed up for monthly billing, the end of each month will renew). Payment for the subscription will automatically be charged to the payment method you chose when signing up for a subscription. DYNAMITO reserves the right to change prices at any time by providing at least thirty (30) days' notice on the PORTAL. If you do not wish to accept a price change, you may cancel your subscription at any time. If you do not cancel your subscription after the new price becomes effective, you will be charged that price. We will not be able to provide notice of changes in applicable taxes. You may cancel your subscription at any time and cancellation will become effective at the end of your current billing cycle. All subscription fees and charges are non-refundable.

Tickets to events are charged once and are non-refundable unless the event is cancelled. When you purchase access to an event, you will be given a code to log into that event (“Access Code“). All Access Codes are single-use and may only be used on one device and must be protected in the same manner as a physical ticket. DYNAMITO disclaims liability for any loss that may occur if you share or disclose your Access Code and are unable to access the event because the Access Code has already been used.

10.- CLARIFICATIONS, RETURNS, REFUNDS, EXCHANGES AND OTHER USER RIGHTS.

To process any clarification, return, cancellation, change or request the billing of your order, the USER must contact DYNAMITO through the contact methods shown at the bottom of the PORTAL.

The exchange of the products sold will only proceed when, due to an error attributable to DYNAMITO or an intermediary supplier, a product has been delivered that does not correspond to the one requested by the USER, has characteristics different from those of the product selected at the time of making the purchase, or not all of the products requested by the USER have been delivered.

The USER will have the right to consult with DYNAMITO the status of his/her order or any situation related to it, during the service times prior to delivery.

In the event that the order has already been delivered to the USER, there will be no changes, refunds or returns, unless the products do not meet the conditions that have been requested or are in a poor condition. DYNAMITO offers a fourteen (14) day satisfaction guarantee on all unopened or defective products, so if you wish to return or exchange a product for a refund, the USER must send an email to refunds@noelschajris.fan and will subsequently receive a product return authorization and instructions for its return. Shipping costs are not refundable. All products must be in their original, unopened and unused condition to qualify for a refund or exchange, unless the products are defective or have been damaged during shipping.

No cancellation will be valid if the USER has consumed the product(s) ordered. The USER must keep the product to be returned, without it showing any damage, impairment or alteration attributable to the USER.

DYNAMITO reserves the right from this moment to pursue before the corresponding authority any fraudulent conduct displayed by the USER.

When there are charges not recognized by the USER, the USER must contact DYNAMITO through the email address indicated on the PORTAL. Once the respective clarification has been received, the USER will receive a resolution to his/her clarification. This response may result in a simple clarification or even in a payment for unjustified charges. It is noted that DYNAMITO does not make any charges that do not involve the purchase/acquisition of the products and/or services offered on the PORTAL.

DYNAMITO may not apply charges without the express prior consent of the USER, either on the PORTAL or in relation to the rest of the products and services that may be contracted in relation to the operations regulated by these conditions of use.

11. ACCESS TO AN ACCOUNT THROUGH THE PORTAL.

DYNAMITO may ask the USER to send personal information to the PORTAL. For example, if you use the PORTAL to request information about DYNAMITO, in which case you will be asked to provide your name and postal address. If the USER sends personal information through the PORTAL, the information sent must be true, accurate, current and complete. The USER agrees that he/she will only use the PORTAL in accordance with applicable laws.

To use the full functionality offered by the PORTAL, an account (“Account”) is required. USER must provide complete and accurate contact and payment information and select a password to open an Account on the PORTAL. USER must keep all Account information up to date and is responsible for maintaining the confidentiality of his/her password and for any use of his/her password and Account (including unauthorized use). USER must notify DYNAMITO immediately if he/she believes his/her password has been stolen or if he/she becomes aware of any actual or attempted access to his/her Account that has not been authorized by USER.
DYNAMITO may, with or without notice, suspend, limit access to or terminate your Account for any or no reason, including, but not limited to, repeated infringement of DYNAMITO's or any third party's intellectual property rights, for which reason your use of the PORTAL will be prohibited by any means available, including blocking your IP address.

The USER shall have a limited license to access and use the PORTAL and to download and print, save or otherwise use copies of any Content to which the USER has properly accessed it, but only for his/her personal, non-commercial use, and only if he/she does not remove, modify or obscure any copyright, trademark or other proprietary notices from such Content. The foregoing license is subject to these Terms of Use and does not include the use of any type of data mining, robots or similar data Experience or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in these Terms of Use, unless you obtain written permission from DYNAMITO. You may not link to the PORTAL, frame the PORTAL, load any transitional or pop-up advertisements, or charge for access to any part of the PORTAL, without DYNAMITO's express written consent. When you click on the link, the applicable page within the PORTAL must be displayed in its entirety. You may not copy portions of the PORTAL to a server, except as part of the website provider's incidental web page caching on the Internet. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify the DYNAMITO mobile application, or in any way compromise the security of any data stored or transmitted by such mobile application.

USER COMMENTS. DYNAMITO welcomes your comments, feedback, suggestions and other communications regarding the PORTAL. However, when submitting your comments, USER should be aware that DYNAMITO shall have the right to reduce to practice, exploit, make, use, copy, disclose, publicly display or perform, distribute, improve and modify any comments you submit for any purpose, without restriction and without compensating you in any way. USER agrees that USER will not make a claim based on the Comment constituting its confidential information; that any limit applies to DYNAMITO's right to use the comment; or that it is entitled to compensation or recognition for DYNAMITO's use of the comment.

COMPLAINTS ABOUT PORTAL CONTENT. If the USER considers that any PORTAL user content violates these Terms of Use or is otherwise inappropriate, the USER may report the content by sending an email to unsubscribe@noelschajris.fan, provided that the content appears within the PORTAL.

12.- GENERAL OBLIGATIONS OF DYNAMITO.

DYNAMITO undertakes to make its best efforts to offer the USER, in general:

• Be available during the indicated times to carry out any clarifications and address any complaints;
• Directly supervise the operations carried out by INTERMEDIARY SUPPLIERS in order to ensure that the USER has a positive and safe purchasing experience;
• The security and proper treatment of personal data provided for the sale of the PRODUCTS offered on the PORTAL;
• Keep the USER informed of the status of their requests;
• Issue the respective receipts that support the payment of the products/services acquired, as well as the operations carried out on the PORTAL; and
• Respect and report the restrictions applicable to the marketing of goods sold on the PORTAL.

13.- GENERAL OBLIGATIONS OF THE USER.

The USER's obligations are:

• Use the PORTAL only in accordance with its nature;
• Fail to damage, overload, modify or any other act that prevents the normal operation of the PORTAL;
• Comply with each and every one of the provisions established in this document, as well as the notices and instructions published on the PORTAL;
• Do not damage or misuse the information provided on the PORTAL;
• Not to use texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes that are displayed or used on the PORTAL, as well as any other content that has copyright or industrial property rights;
• Not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the contents of the PORTAL, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
• Refrain from exploiting the artistic works that have been provided to you in connection with a purchase made on the PORTAL or that appear on the PORTAL;
• Provide your correct data for the management of delivery of the purchased PRODUCTS; and
• To be informed in accordance with the terms and conditions of each INTERMEDIARY SUPPLIER that collaborates with DYNAMITO.

14.- INTELLECTUAL PROPERTY.

The source code, programs, databases, files and, in general, all those functionalities that make up the PORTAL are protected by copyright (whose owner and/or exclusive licensee is DYNAMITO), as well as by related legal institutions that allow accumulated protection, therefore, DYNAMITO is fully authorized to request that those persons be sanctioned who: (i) make partial or total copies of the PORTAL without the corresponding authorization or license; (ii) create derivative versions of the PORTAL; (iii) translate the content of the PORTAL into another language; and (iv) use the PORTAL to develop any software or other materials based on it; (v) engage in conduct sanctioned by Copyright, as well as by related and applicable national and international provisions. Any person found to be engaging in conduct that violates DYNAMITO's intellectual/industrial property rights will be sanctioned in accordance with intellectual/industrial property legislation, without prejudice to any other actions that may be taken, whether criminal or civil.

Likewise, unauthorized use of the industrial property rights that appear on the PORTAL, such as registered trademarks or those in the process of registration, commercial notices, domain names, portraits in which THE ARTIST's image appears and other legal institutions related to intellectual property, is prohibited. DYNAMITO has exclusive rights over some brands and logos contained in the PORTAL. Likewise, DYNAMITO is authorized to reproduce the brands and logos of third parties included in it for promotional or informational purposes.

In the event that a visitor or USER considers that their intellectual or industrial property rights are being violated by the files, published or stored materials, or by any functionality of the PORTAL, they must expressly request the cessation of the conduct considered to be in violation of their intellectual or industrial property rights. The request must be sent through any of the means of communication indicated in this document. The requests in question will not be considered as conclusive evidence of the alleged violation of intellectual or industrial property rights.

The USER acknowledges that the rights to the musical works (with or without music) that are marketed/acquired through the PORTAL remain the exclusive property of the ARTIST and/or DYNAMITO. The USER must refrain from modifying, mutilating, using, disseminating, publishing, exhibiting, distributing, marketing or disposing of any other form of transfer of ownership of the musical works with or without lyrics and the material media that contain them, whether individually or as a whole, partially or totally.

The USER undertakes to respect the exclusive rights of the owner of the musical works with or without lyrics, to request in his/her name and obtain from the corresponding authorities any type of registration for each and every one of the rights directly or indirectly related to the works.

The USER acknowledges that the musical works obtained through the PORTAL will be for recreational use and that, under no circumstances, may he/she exploit said works for commercial or lucrative purposes, nor will he/she have the right to transmit or retransmit the musical works obtained and/or accessed through the PORTAL.

Regarding the service called "Schajiris Personalized Song", the USER will obtain a musical work with or without lyrics created by THE ARTIST, which will be the exclusive property of THE ARTIST and/or DYNAMITO, and therefore may not be disclosed, used or reproduced for commercial or profit-making purposes (totally or partially). The acquisition of the service in question does not update a commissioned work, so the copyright and commercial exploitation rights derived from the musical work resulting from the contracting of the service will at all times be the property of THE ARTIST and/or DYNAMITO. In cases where the image of THE ARTIST appears, said image may not be used for purposes other than those of the service, much less for profit-making purposes, discrediting or unfair competition, and will not be considered as an authorization to use the image of THE ARTIST, and its mutilation and/or partial or total alteration is prohibited.

COPYRIGHT INFRINGEMENT. In the event that the USER finds Content published on the PORTAL that he believes constitutes an infringement of his intellectual property rights or those of any third party, he is requested to immediately contact DYNAMITO's copyright agent, providing the following information:

To the attention of: Copyright Agent of the PORTAL https://noelschajris.fan/.
Email: unsibscribe@noelschajris.fan.
Subject: “DMCA NOTICE”.

To report any alleged infringement, USER must contact DYNAMITO in writing, providing a signed statement containing the following information, in accordance with the Digital Millennium Copyright Act (“DMCA”):

• Name, address, telephone number and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
• A statement, made under penalty of perjury, justifying that THE USER is the owner of the copyright or is authorized to act on behalf of and representing the legitimate owner;
• A detailed description of the copyrighted work or other intellectual property that USER claims has been infringed;
• If the claim is based on a registered work, the registration number and the date of issue of the same;
• A description of the infringing material and the URL where such material is located on the PORTAL, or a description of where you found such material;
• A statement that all the information you have provided is true.

15. LIMITATIONS ON USE OF THE PORTAL.

The USER may not engage in any of the following activities with respect to the PORTAL (including without limitation the posting or transmission of content through the PORTAL), and agrees not to use the PORTAL to:

1. Violate or encourage the violation of any local, state, national or international law or regulation;
2. Collect or store personal data about other PORTAL users or request personal information from any individual;
3. Impersonate any person or entity or misrepresent your affiliation with a person or entity;
4. Send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging with respect to race, gender or ethnic origin, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by DYNAMITO in its sole discretion;
5. Infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
6. Promote or distribute any unauthorized advertising, promotional materials or material that may be characterized as "junk mail," "spam," "chain letters," "pyramid schemes" or similar material, any solicitation or request for money, goods or websites for private gain, or any information posted primarily for advertising, promotional or commercial purposes;
7. Disrupt or interfere with the security or use of the PORTAL or any website or content linked to it;
8. Interfere with or damage the PORTAL, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks on the PORTAL, packet or IP spoofing, forged email address or routing information, or similar methods or technology or disobey any requirements, procedures, policies or regulations of networks connected to the PORTAL;
9. Attempt to use another user's account, impersonate any person or entity, misrepresent your affiliation with a person or entity, including (without limitation) DYNAMITO, or create or use a false identity;
10. Attempt to gain unauthorized access to the PORTAL or parts of it that are restricted to general access;
11. Use any tag or any other “hidden text” using the name of DYNAMITO, the trademarks or the names of the products and services offered on the PORTAL;
12. Attempt to reverse engineer or derive or obtain the code in any way for any software used on the PORTAL;
13. Reproduce, make available or otherwise use any part of the PORTAL for any commercial purpose;
14. Engage in any activity that interferes with any third party's ability to use or enjoy the PORTAL; or
15. Assist any third party to engage in any activity prohibited by these Terms of Use.

16. INTERACTIVE FEATURES, COMMUNITIES AND FORUMS.

The PORTAL may host support groups, communities, communication channels, discussion groups, chats and other user forums and interactive features. Any USER who fails to comply with the terms and conditions of these Terms of Use may be removed from access to these features with or without notice, at DYNAMITO's sole discretion, who may remove any User Content (defined below) at any time and for any reason. Discussion groups, fan communities, expert forums, chats and other public forums are intended to serve as discussion centers for users and guests.
Information and content posted in these public sections of the PORTAL may be made available to a third-party sponsor or content provider or to the staff of such content provider, other users, external collaborators or by users not related to DYNAMITO. DYNAMITO disclaims any liability for such third parties' use of your information or any information provided to DYNAMITO through the PORTAL. Further details regarding information sharing can be found in the Privacy Notice included in the PORTAL.
These Terms of Use apply to all communities, chats, forums or similar interactive features that may exist or are established in the future. DYNAMITO expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor is DYNAMITO responsible for any errors or omissions in such postings, or for any hyperlinks contained in any message. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of DYNAMITO, its employees or any of its affiliates.

17. USER SUBMITTED CONTENT.

Any information or content uploaded, posted, submitted or otherwise made available by individual users of the PORTAL, including, without limitation, health information, wellness tips, comments, advertisement postings and any other content not originating from DYNAMITO (“User Content”), is the sole responsibility of the person who made such User Content available on the PORTAL. Under no circumstances shall DYNAMITO be liable in any way for any User Content made available through the PORTAL by the USER or any third party.
Since DYNAMITO does not control the User Content posted on the PORTAL, it does not guarantee the truthfulness, integrity, suitability or quality of such User Content, nor does it endorse it. The USER agrees and understands that, by accessing the PORTAL, he/she may encounter content that he/she may find objectionable. DYNAMITO is not responsible for any User Content, including any errors or omissions therein. DYNAMITO and its officers are not responsible for any loss or damage of any kind arising as a result of any User Content on the PORTAL.

DYNAMITO does not claim ownership of User Content that users submit or make available for inclusion on the PORTAL. DYNAMITO has classified User Content as follows, with the associated rights described below:

1. “Public Content” is any User Content that PORTAL USER submits or makes available for inclusion in publicly accessible areas of the PORTAL (for example, comments posted on a discussion forum). USER grants DYNAMITO a worldwide, perpetual, irrevocable, royalty-free, fully paid, non-exclusive, transferable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display its Public Content, and to incorporate its Public Content into other works in any format or media now known or later developed. USER understands that because it has made Public Content visible to anyone with access to the PORTAL, other users may have viewed and copied such Public Content and that it is not possible to ensure removal of Public Content from all sources, even if it has been removed from the PORTAL.

2. “Private Content” is any User Content that USER submits to the Websites but is not intended to be publicly available (for example, content you enter into a program not publicly displayed on the PORTAL, or private information you submit when you register, other than your publicly visible username and profile information you share publicly). USER grants DYNAMITO a worldwide, royalty-free, fully-paid, non-exclusive, transferable license to use, distribute, reproduce, modify, and adapt your Private Content, and to incorporate your Private Content into other works in any format or media now known or later developed, for the purpose of (i) providing the Websites for which such Private Content was submitted or made available (for example, to facilitate a program in which you have elected to participate, or to notify the program sponsor that you are eligible to receive a prize) or (ii) creating anonymous, aggregated data repositories for analytical purposes. This license will terminate at the time the USER deletes or DYNAMITO deletes such Private Content from the PORTAL.

3. “Personal Information” Depending on what you enter into the PORTAL, Personal Information may be contained in Private Content and/or Public Content. Your rights and potential uses of Personal Information are set forth in the Privacy Notice.

DYNAMITO reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, reject, move or remove any User Content posted on the PORTAL. USER agrees that USER's exercise of such discretion will not convert or transform the User Content into content owned or provided by the Company, and the user who made such User Content available on the PORTAL shall retain ownership of such User Content as described below:

COMPLAINTS ABOUT CONTENT. If you believe that any User Content contained on the PORTAL violates these Terms of Use or is otherwise inappropriate, you may report the content by sending an email to unsubscribe@noelschajris.fan if the content is on the PORTAL.

18. TRANSMISSION AND DOWNLOAD RESTRICTIONS.

Content, including Events, may be streamed live through the PORTAL over an active Internet connection. Each Access Code may be used to stream only one (1) stream per Access Code. In certain cases, Access Codes may allow you to make a digital copy of the Content (“Download”) for offline viewing on certain devices. Downloads are limited to a maximum of five (5) devices. Your device must connect to the Internet periodically in order for your Download to not be disabled.

MOBILE DEVICES AND THIRD PARTY RESTRICTIONS. If you access our PORTAL on mobile devices, you are responsible for any data charges from your mobile carrier. By downloading the mobile application, you will also be subject to the terms imposed by the “store” through which you obtain the mobile application, if any (e.g., the App Store or Google Play Store, or otherwise). The mobile application must be installed on a device that you control or own and must be used in accordance with the applicable terms of the Apple App Store or other “store.” The following terms are required by Apple and apply if you install the mobile application from the App Store:
DYNAMITO, not Apple, is responsible for:
• The content of the mobile application;
• Maintenance or support of the mobile application;
• Any product warranties, whether express or implied;
• Address any end user or third party claim relating to the mobile application or the end user's possession and/or use of such licensed application, including, but not limited to: a) product liability claims; b) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and c) claims arising under consumer protection or similar legislation; and
• The investigation, defense, settlement and discharge of any third party claim that the Mobile Application or your possession and use of the Mobile Application infringes a third party's intellectual property rights.

Additionally, if you install the mobile application from the Apple App Store, you acknowledge that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

INTERNATIONAL RESTRICTIONS. Access to the Website or certain materials or content on the Website may be prohibited in certain countries or by certain persons. We make no representation or warranty that the Website is appropriate or available for use outside the United States. In addition, certain content may be subject to geographic restrictions and digital rights management technology (“DRM Technology”). It is a criminal offense to attempt to circumvent or bypass any DRM Technology. The United States controls the export of certain types of software, including encryption and decryption technologies used in media players and codecs. No software from the Website may be exported or re-exported to countries or persons prohibited by export control laws, including, but not limited to, countries against which the United States has embargoed goods or to anyone on the U.S. Department of Commerce’s List of Specially Designated Nationals and Blocked Persons Table of Denial Orders. You are responsible for complying with such laws and the laws of your local country regarding the export or re-export of any controlled or restricted technology.

19. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

To the fullest extent permitted by law, DYNAMITO, its related entities, its website providers, its licensors and their respective officers, directors, employees or agents (collectively “THE COMPANY PARTIES”) expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, relating to the PORTAL.

USER understands and agrees that use of the PORTAL is at USER's sole risk. The PORTAL and all content, products and websites offered through it are provided on an "as is" and "as available" basis. COMPANY PARTIES are not responsible for the timeliness of delivery of content, any failure in delivery, erroneous deletion, or any loss or damage of any kind you claim has occurred as a result of the use of any website. Under no circumstances will any of the COMPANY PARTIES be liable to you or any person or entity claiming through you for any loss, injury, liability or damages arising from or in connection with your access to, use of, inability to use or reliance on any of our websites or any content, products or websites provided to you through or in connection with any of the websites operated by DYNAMITO. This is a comprehensive limitation of liability that applies to all losses and damages of any kind, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of data, goodwill, income or profits. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis; even if any of the COMPANY PARTIES has been advised or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies. If any part of this limitation of liability is held to be invalid, illegal or unenforceable for any reason, then the aggregate liability of the COMPANY PARTIES in such circumstances to you or any person or entity claiming through you for liabilities that would otherwise have been limited shall not exceed one hundred U.S. dollars.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers of warranties and limitations of liability may not apply to USER.
USER acknowledges that he or she may have, now or in the future, claims against DYNAMITO that he or she does not know or suspect to exist in his or her favor when agreeing to these Terms of Use and that, if known by him or her, could materially affect his or her consent to these Terms of Use. To the fullest extent permitted by applicable law, you expressly waive any and all rights you may have under California Civil Code Section 1532 (or a similar code section in your jurisdiction), which states:

A GENERAL RELEASE OF LIABILITY DOES NOT EXTEND CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO APPLICABLE LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES' TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRECEDING THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

20. CHOICE OF LAW, JURISDICTION AND PLACE OF CELEBRATION.
These Terms of Use and the relationship between USER and DYNAMITO shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of California, excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE OR THESE TERMS OF USE SHALL BE COMMENCED SOLELY IN A STATE OR FEDERAL COURT LOCATED IN THE CITY AND COUNTY OF LOS ANGELES, CA, USA. BOTH USER AND DYNAMITO IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. USER expressly waives any claim of improper jurisdiction and any claim that such courts are an incompetent forum. If the courts of the country in which the USER resides determine that the provisions of this paragraph are not applicable, then you agree to submit to binding arbitration under the rules of the American Arbitration Association.

INDEMNIFICATION. USER agrees to indemnify and hold DYNAMO harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your posting of any content on the PORTAL, or any other website operated by DYNAMITO, in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or your violation of a third party's intellectual property or other rights by users using your computer, mobile device or account.

21. ADDITIONAL PROVISIONS.

USER agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PORTAL or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

GENERAL. Our failure at any time to enforce any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers will be effective only if made in writing by the party being bound by such waiver.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision a valid, enforceable provision that most closely matches the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect.

These Terms of Use, together with any customer agreement to which it may be subject, set forth the entire understanding and agreement between the parties involved and supersede all prior understandings and agreements between the USER and DYNAMITO with respect to the subject matter hereof.

These Terms of Use may only be amended as set forth above.

NOTICE TO CALIFORNIA USERS. Pursuant to California Civil Code Section 1789.3, users of the PORTAL in California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Websites of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

COMMUNICATION BETWEEN THE USER AND DYNAMITO. All direct communications between DYNAMITO and the USER will be made via email. In the case of communications from DYNAMITO to the USER, the latter will use the email or cell phone number that the USER has indicated during the corresponding purchase process.

For its part, communications from the USER to DYNAMITO must be made via email to the email address shown in the contact information on the PORTAL.

Likewise, the USER may select within the section of our networks and/or contact (located at the bottom of the PORTAL) the icon to access social networks, or direct contact with DYNAMITO via email, where they may also communicate with DYNAMITO.

QUESTIONS AND COMMENTS ABOUT THESE TERMS OF USE. For any questions or comments regarding these terms of use, DYNAMITO provides you with the contact information through the PORTAL and this document, where you can clarify your doubts and submit your comments through electronic means.