Terms of service
Preamble
Please, read these Terms of Service carefully and thoroughly before accessing them or using our website.
If you do not agree to all the terms and conditions of this agreement in its entirety, as well as to Privacy Policy and Refund Policy, then you must not proceed with the further site exploration or interaction and immediately leave the website and/or abandon the use of any related services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These Terms of Service apply to all Users of this Platform, including but not limited to, users who are visitors, guests, customers, members/ subscribers.
By accessing this site, viewing any content within this site, registering with the service and/or contacting our Support Team, you acknowledge that you have read, understood and accepted these Terms of Service in its entirety.
Violation of the terms may lead to removal, lock or suspension of related user accounts.
Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Peru.
General Statements
This website is operated by the legal organization: Individuo de Libre Pensamiento. Throughout the site, the terms “we”, “us” and “our” refer to Individuo de Libre Pensamiento. The terms “Service”, “Platform”, ¨Ricardo´s Time”, “this site” refer to this website as a platform and the services offered by us. We offer this website, including all information, tools and services available from this site to you, the user (“User”, “Member”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing or using any part of the site (www.ricardostime.com) and/or purchasing something from us (i.e membership), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and Conditions”, “Terms”).
Any new features or tools which are added to this site shall also be subject to the Terms of Service.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to check this page periodically for changes.
Service Terms
We reserve the right to refuse service to anyone for any reason at any time.
By agreeing to these Terms of Service, you confirm that you are at least 13 years old.
To be registered as a User of this site – as a Member- and be able to pay for membership, you must be at least 18 years old or have your parent’s written permission sent to us prior or during the registration process and to be approved by us.
You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
By agreeing to these Terms of Service you also agree to all rules and regulations that are imposed on our Service by the third parties involved in the payments processing, content hosting, operational support and all and any other services and activities that are essential for this Service’s operations.
A breach or violation of any of the Terms will result in suspension and possible termination of your account/profile.
Affiliations
We, as a brand and as a Service, do not affiliate ourselves with any political party, tribe, caste, clan, ethnic group or society.
Any attempt to skew, alter, bias, push or gravitate our opinions or business decisions toward any political party, congregation, ideology, dogma or single idea, expressed and/or shared individually or by a group, will be disregarded.
Roles
While signing up with the platform, you will have the role of – “Member”.
Members role is for those who get access to Ricardo´s Time benefits.
Prohibited Uses
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
In addition to other prohibitions as set forth in the “Profile and Account Termination” chapter, you are prohibited from using the site or its content:
- For any unlawful purpose;
- For all and any obscene purposes;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
- To create accounts on behalf of other individuals or organizations;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
Content
All content that is posted on this Service belongs to its original owner.
We are not responsible if information (i.e. content) made available by Users on this site is not accurate, incomplete or not current.
Our Service doesn’t guarantee that the quality of the content provided by the content creator or its frequency will satisfy any member or fulfill any expectations, no matter how high or how low they are.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
You understand that any content published on this Service (not including credit card information or other sensitive or private information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. The User agrees that it is his responsibility to monitor changes to our site.
Allowed Content
Ricardo´s Time as a content creator is allowed to publish any content that does not contradict to these Terms of Service.
Content may consist of textual materials, video- or audio files, archived files or documents in various formats. Content may contain links to third parties. For more details, refer to the “Third Parties” section.
You may not post content whose purpose is advertising or selling your goods, items or materials on this Platform.
You can use our branding, for your marketing endeavors, unless such usage harms our reputation as a business or misleads the general public in any possible way, or poorly executed.
Prohibited Content
We may, but have no obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, inappropriate, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Any posts, comments, narrations, news or discussion materials that include – in any shape or form – hatred toward any social or ethnic group, calls for violence or oppression, racial defamation, and/or targets a person or a group by disability, nationality (including citizenship), race, religion, sexual orientation, or skin color will not be published on our Platform. Such materials – upon discovery – will be removed from the Platform, and the profile/account will be suspended with possible future termination.
Creating, promoting and supporting a profile/account for the sole purpose of portraying a single person, group or organization in a negative way, degrading their existent or imaginable values, and/or diminishing their presence, ideas, beliefs, appearance, expression and/or actions in any way is strictly forbidden on this platform.
You may not use a false e-mail address, name/nickname or brand, or pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content on this Platform.
You may not post content that infringes on others’ intellectual property.
You may not post content whose purpose is advertising, selling or reselling any goods, items or materials on this Platform.
You may not post content whose only purpose is to cover social mass events such as marches, demonstrations, gatherings, protests, and other spontaneous or planned, legal or illegal mass actions.
Profile and Account Termination
You can delete your profile and account at any time.
We can terminate or suspend your account/profile at any time at our discretion. We can also cancel any pledges and remove any content at our sole discretion with or without prior warning and/or explanation. However, in absolute majority cases, we will contact you prior to the account/profile suspension/termination.
Upon account/profile termination, the following will happen:
For Members: all memberships will be canceled immediately and no refunds for ongoing membership will be issued whatsoever. Members will retain access to the subscribed material until the end of the subscription period. In order to keep the ability to access membership, Members will need to keep their account intact.
The reasons for account suspension or termination including, but not limited to, as follows:
Illegal Activities. Anything that is considered “illegal” by the Peruvian law is illegal for use within our platform and will be removed/terminated.
Bullying. Any form of abuse, persecution, harassment, attacking or bullying, either directly or by using your influence over others – within this platform or outside with use of the platform or its parts – will lead to account suspension and investigation, which may result in subsequent profile/account termination.
Doxing. It is absolutely forbidden to aggregate and publish on this Platform any private personal or sensitive information of anybody, regardless of the fact if this person is our User or not, or reveal the identity of such an individual without the explicit written consent, for the purpose of intimidating the aforementioned individual through harassment.
Private Information Abuse. Any usage (e.g. sharing, storing, selling) any private information that became available to the User via this Platform, including, but not limited to, e-mail or home addresses, personal name, and any other data that can be considered “sensitive” or “private”, is strictly prohibited.
Content Sharing. Sharing somebody else’s content, that User got access to on this Platform, outside of this Platform without explicit permission from the original content owner is strictly prohibited. We will act upon reports of stolen, illegally shared, re-sold or otherwise misused content originated on this Platform.
Fraud. Publishing, endorsing or selling any fraudulent or misleading information or transmitting any digital substance or a code of a destructive nature on this Platform will lead to investigation and potential permanent termination of the account with the report to the appropriate authorities. While this Service has no intentions to follow, curate, investigate, check up on or make extensive research on vast information published on the Platform, we will take actions in case the investigation – for one or another reason – is initiated.
Impersonation. Presenting yourself as somebody else, especially well known and famous, leads to instant and permanent termination of the account, upon discovery.
Spam. A frequent posting of meaningless content – textual or audio/video – will lead to account suspension and investigation, that may result in subsequent account termination. We reserve the right to determine the meaningfulness of the published information.
Harm to this Service. Any unfriendly, offensive, obscene, derogatory, degrading remarks, public messages, comments or posts – within this Platform or elsewhere – that aim to offend, slander or attack our good name and reputation, or otherwise bring harm to this Service, the brand or its staff, members or partners, will lead to instant and permanent termination of the account, most likely followed by the legal actions against the perpetrator(s).
Dangerous Activities. Any User caught in the act or convicted of making credible violent threats, committing violent crimes, child abuse, violence against animals, malicious doxing, coordinating violent or nonviolent harm, participating in civil unrest, or encouraging others to do any of these activities, may be suspended/banned from using this Service. All activities that can put viewers in danger – by action or inaction – must include a clear disclaimer that warns against repeating such stunts.
Criminal Activities. People with proven criminal history or with a known affiliation with violent or dangerous groups (e.g. organized criminal groups, terrorist or cyber-terrorist organizations, illegal militias, mercenary organizations, violent hate groups, etc), won’t be unboarded and will be terminated upon discovery such activities, without regards to the declared purpose of the corresponding profile.
Inactivity. We reserve the right to suspend – with possible following termination – any account/profile that was inactive without prior notice – for more than 90 days.
Deviations. We reserve the right to suspend – with or without prior warning – any account/profile, that displays, hosts or advertises a content that is drastically deviated from the Platform´s nature.
Call to Group Actions. It’s strictly prohibited to ask anyone on the Platform – User/ Member – to request a refund, unsubscribe, leave Platform or initiate a legal action against the Platform or participate in such actions.
These Terms remain in effect after your account is suspended, terminated or otherwise disabled.
Relationships between Users and the Service
We do not mediate or arbitrate relationships between Users, nor do we interfere in any disputes that may derive from such relationships.
In case you, as a User having issues or concerns in regards to provided Services, we encourage you to contact us directly prior to initiating any related discussion online elsewhere.
By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding. We, as a Service, are also waiving these rights.
For further information, refer to “Limitation of Liability” and “Indemnity” chapters.
Copyright
We do review, audit, revision or curate content published on ricardostime.com to determine if it is a fair use case, we will normally remove the content.
If an User on our Service is infringing on copyright, please let us know.
We are giving the involved User 72 hours to handle it, before we get directly involved.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us, unless we stated otherwise.
Submissions
If, at our request, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Billing
The exact recurring charge date is not connected to the month’s start nor to the end of it, but rather to the moment when the subscription event has occurred. The recurring billing date is determined by the Service at our sole discretion. Normally, recurring billing for each subscription runs roughly every 30 calendar days for each subscription instance.
We reserve the right to suspend a recurring billing for the following cases:
- If any activity associated with the account and/or profile are considered suspicious. To determine transactions or activities suspicious, we may take into consideration any data provided to us by third parties or base our decision upon our own internal investigation.
Membership
The User pays for the membership at their discretion and is charged immediately upon subscription through Paypal or debit or credit card. The payment options with Paypal are: Linked Bank account, Paypal Balance: Paypal cash or PayPal Cash Plus balance or Paypal credits. The payment options if you do not have Paypal are Debit/credit: VISA, Mastercard, American Express, Discover. Other payments options might be available in a near future.
Thereafter, the subscription fee is subject to recurring billing whereby the method of payment linked to the Member’s account will be automatically charged, until the subscription is active.
Every subscription has its own date and time, therefore multiple subscriptions will result in multiple charges, rather than in one batch charge.
Prices for membership are subject to change by Ricardo´s Time without notice. Any further disputes in regards to membership price changes must be handled by the Members with Ricardo´s Time directly via available e-mail or direct messaging. Please, refer to our Refund Policy for further information.
By becoming a Member, you confirm that you use your own payment method that is issued on your name and belongs to you. Subsequently, you agree to comply with our payment processors’ rules and regulations in their entirety.
We may, in our sole discretion, limit or cancel subscriptions.
Unsubscriptions
The Member can cancel subscription (i.e. unsubscribe) at any time.
Upon unsubscribing, the Member will lose access to the subscribed materials.
We do not provide any refund whatsoever for those who unsubscribed, no matter how quick that unsubscription has happened.
Upon subscribing for membership again to the same profile – no matter how short the period of time was between unsubscription and re-subscription – the Member will be charged full price for the new subscription according to the membership price set on the profile.
Fees for Members
There is no fee to start and run an account as a User with our Service: Freemium.
You can cancel your pledge (i.e. subscription) at any time.
As a Member, you will be charged Membership Fee instantly upon subscription or according to the charging model selected by Ricardo’s Time. Thereafter, this fee will be debited from your preferred payment option on a monthly basis (roughly – every 30 days).
Depending on your location, some banks may charge you a Foreign Transaction Fee for your pledge, which will be assessed in addition to the pledge amount. The Foreign Transaction Fee is subject to change by the authorized institutions without prior notice. We have no control over this charge.
Membership Tiers
As a Member, you can switch to a higher or lower Membership Tier at any time.
Membership Tiers with higher price include all content from the tiers with lower prices.
When switching from the lower to the higher tier, Members pay the full price of the higher tier, not the difference between original and new tier price.
When switching from the higher to the lower tier, no credit is given to the Member, i.e. the difference between tier prices is not credited to the Member’s credit card. Switching to a lower tier immediately revokes the access to all previously available content from higher tier.
Modifications to the Service and Prices
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Prices for our services (i.e. Service Fee) are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Accuracy of Information
These restrictions may include any pledges (i.e. Membership) placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order (i.e. Membership), we may attempt to notify you by contacting via e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or suspend orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate account information for all memberships and other pledges you make. You agree to promptly update your account and other information, including your e-mail address and credit card number and expiration dates so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
Third Parties
Certain content, products, and services available via our Service may include – partially or as a whole – content, products, and services produced, owned and maintained by third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those materials or websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party entity.
Optional Tools and Services
We may provide you with access to optional third-party tools or access to optional third-party services over which we neither monitor nor have any control or input. This includes hosting, processing, monitoring and/or any and all other third-party tools and services that are not affiliated with us, but employed to perform duties that are essential to the Service’s functionality.
You acknowledge and agree that we provide access to such tools and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Personal and Sensitive Information
Credit card information and other sensitive information is always encrypted during transfer over networks and is never stored within the Platform.
Your submission of personal information through the Service is governed by our Privacy Policy. Please, make yourself familiar with our Privacy Policy.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to membership descriptions, benefits, features, pricing, promotions, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel membership(s) if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be satisfying, pleasant, fulfilling, uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove/pause this Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Ricardo´s Time our affiliates, partners, suppliers, service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services procured using the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnity
You agree to indemnify, defend and hold harmless Ricardo´s Time and our affiliates, partners, suppliers, service providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your or others breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or related to your use of this Service.
We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will agree to help us in our defense.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Service Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site, and/or delete your account or profile.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
