Terms & Conditions

Updated on 2024-02-20

General Terms

By accessing and placing an order with 2:35 Digital, you confirm that you agree with and are bound by the terms of service contained in the Terms and Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and 2:35 Digital. Under no circumstances shall the 2:35 Digital team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising from the use or inability to use the materials on this site, even if the 2:35 Digital team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof. 2:35 Digital will not be responsible for any outcome that may occur during the course of using our resources. We reserve the right to change prices and revise the resource usage policy at any moment.

License

2:35 Digital grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the platform strictly in accordance with the terms of this Agreement. These Terms and Conditions are a contract between you and 2:35 Digital (referred to in these Terms and Conditions as "2:35 Digital", "us", "we", or "our"), the provider of the 2:35 Digital website and the services accessible from the 2:35 Digital website (which are collectively referred to in these Terms and Conditions as the "2:35 Digital Service"). You agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the 2:35 Digital Service. In these Terms and Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms and Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and Key Terms

To help explain things as clearly as possible in these Terms and Conditions, every time any of these terms are referenced, they are strictly defined as:

Cookie: Small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
Company: When these Terms and Conditions mention “Company,” “we,” “us,” or “our,” it refers to 2:35 Digital (Carrera 25 # 39A 84, Bogotá, Colombia), which is responsible for your information under these Terms and Conditions.
Platform: Internet website, web application, or public-facing digital application of 2:35 Digital.
Country: Where 2:35 Digital or the owners/founders of 2:35 Digital are based, in this case, is Colombia.
Device: Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit 2:35 Digital and use the services.
Service: Refers to the service provided by 2:35 Digital as described in the relative terms (if available) and on this platform.
Third-party: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Website: 2:35 Digital's site, which can be accessed via this URL: https://2-35.tv
You: A person or entity that is registered with 2:35 Digital to use the Services.

Restrictions

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the platform or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the platform.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of 2:35 Digital or its affiliates, partners, suppliers, or the licensors of the platform.

Return and Refund Policy

Thank you for shopping at 2:35 Digital. We appreciate the fact that you like to buy the things we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products. As with any shopping experience, there are terms and conditions that apply to transactions at 2:35 Digital. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at 2:35 Digital, you agree to the terms along with 2:35 Digital’s Privacy Policy. If, for any reason, you are not completely satisfied with any good or service that we provide, don’t hesitate to contact us, and we will discuss any of the issues you are going through with our product.

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to 2:35 Digital with respect to the platform shall remain the sole and exclusive property of 2:35 Digital. 2:35 Digital shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or compensation to you.

Your Consent

We’ve updated our Terms and Conditions to provide you with complete transparency into what is set when you visit our site and how it’s used. By using our platform, registering an account, or making a purchase, you hereby consent to our Terms and Conditions.

Links to Other Websites

These Terms and Conditions apply only to the Services. The Services may contain links to other websites not operated or controlled by 2:35 Digital. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms and Conditions are no longer in effect. Your browsing and interaction on any other website, including those with a link on our platform, are subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Cookies

2:35 Digital uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our platform but are non-essential to its use. However, without these cookies, certain functionalities like videos may become unavailable, or you would be required to enter your login details every time you visit the platform, as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access the functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Changes to Our Terms and Conditions

You acknowledge and agree that 2:35 Digital may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at 2:35 Digital’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform 2:35 Digital when you stop using the Service. You acknowledge and agree that if 2:35 Digital disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials contained in your account. If we decide to change our Terms and Conditions, we will post those changes on this page, and/or update the modification date of the Terms and Conditions below.

Modifications to Our Platform

2:35 Digital reserves the right to modify, suspend, or discontinue, temporarily or permanently, the platform or any service to which it connects, with or without notice and without liability to you.

Updates to Our Platform

2:35 Digital may from time to time provide enhancements or improvements to the features/functionality of the platform, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the platform. You agree that 2:35 Digital has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the platform to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the platform, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include, or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that 2:35 Digital shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. 2:35 Digital does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement will remain in effect until you or 2:35 Digital terminate it. 2:35 Digital may, in its sole discretion, at any time and for any reason or without reason, suspend or terminate this Agreement with or without prior notice. This Agreement will immediately terminate without prior notice from 2:35 Digital if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the platform and all copies of it from your computer. Upon termination of this Agreement, you must cease using the platform and delete all copies of the platform from your computer. Termination of this Agreement will not limit any of 2:35 Digital’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Notice of Copyright Infringement

If you are a copyright owner or the agent of such owner and believe that any material on our platform infringes upon your copyrights, please contact us and provide the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material claimed to be infringing; (c) your contact information, including address, telephone number, and email address; (d) a statement by you that you believe in good faith that the use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold harmless 2:35 Digital and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if applicable) from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the platform; (b) violation of this Agreement or any law or regulation; or (c) violation of any third-party right.

No Warranties

The platform is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, 2:35 Digital, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the platform, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, 2:35 Digital provides no warranty or undertaking, and makes no representation of any kind that the platform will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither 2:35 Digital nor any 2:35 Digital provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the platform, or the information, content, and materials or products included thereon; (ii) that the platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the platform; or (iv) that the platform, its servers, the content, or emails sent from or on behalf of 2:35 Digital are free of viruses, scripts, trojans, worms, malware, time bombs, or other harmful components. Some jurisdictions do not allow the exclusion or limitations of implied warranties or the limitations of the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of 2:35 Digital and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the platform. To the maximum extent permitted by applicable law, in no event shall 2:35 Digital or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the platform, third-party software and/or third-party hardware used with the platform, or otherwise in connection with any provision of this Agreement), even if 2:35 Digital or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notices published by 2:35 Digital on the Services, shall constitute the entire agreement between you and 2:35 Digital regarding the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and 2:35 Digital’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND 2:35 Digital AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach. No failure to exercise, nor any delay in exercising, by either party, any right or power under this Agreement shall operate as a waiver of that right or power. The single or partial exercise of any right or power under this Agreement shall not prevent further exercise of that or any other right granted herein. In the event of any conflict between this Agreement and any purchase or other applicable terms, the terms of this Agreement shall govern.

Amendments to this Agreement

2:35 Digital reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our platform after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use 2:35 Digital.

Entire Agreement

The Agreement constitutes the entire agreement between you and 2:35 Digital regarding your use of the platform and supersedes all prior and contemporaneous written or oral agreements between you and 2:35 Digital. You may be subject to additional terms and conditions that apply when you use or purchase other 2:35 Digital services, which 2:35 Digital will provide to you at the time of such use or purchase.

Updates to our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before making changes to these Terms and give you an opportunity to review them before they become effective. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Intellectual Property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by 2:35 Digital, its licensors or other providers of such material and are protected by Colombia and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of 2:35 Digital, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Arbitration Agreement

This section applies to any dispute, EXCEPT THAT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR 2:35 Digital’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and 2:35 Digital concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” shall be given the broadest meaning possible under law.

Notice of Dispute

In the event of a dispute, you or 2:35 Digital must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [Insert Email Address]. 2:35 Digital will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and 2:35 Digital will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or 2:35 Digital may commence arbitration.

Binding Arbitration

If you and 2:35 Digital do not resolve any dispute through informal negotiation, any further effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are waiving the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury. The dispute will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the rights or property of the parties pending the completion of arbitration. Any and all costs, fees, and expenses, including legal, accounting, and other professional fees, incurred by the prevailing party will be borne by the non-prevailing party.

Submissions and Privacy

In the event that you submit or post ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will be treated as non-confidential and non-proprietary and will become the exclusive property of 2:35 Digital without any compensation or credit to you. 2:35 Digital and its affiliates shall have no obligations with respect to such submissions or postings and may use the ideas contained in such submissions or postings for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

2:35 Digital may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information about yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions on age and geographic location. You are responsible for reading all Promotion rules to determine whether you are eligible to participate or not. If you participate in any Promotion, you agree to comply with all Promotion Rules. Additional terms and conditions may apply to the purchase of goods or services through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event that a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we shall have the right to refuse or cancel any order placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of 2:35 Digital. 2:35 Digital will be entitled to injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any anticipated breach by you. 2:35 Digital operates and controls the 2:35 Digital Service from its offices in Colombia. The Service is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the 2:35 Digital Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable. These Terms and Conditions (which include and incorporate the 2:35 Digital Privacy Policy) contain the entire understanding, and supersede all prior understandings, between you and 2:35 Digital concerning its subject matter, and you and 2:35 Digital may not change or modify them. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

2:35 Digital is not responsible for any content, code or any other inaccuracies. 2:35 Digital makes no guarantees. In no event shall 2:35 Digital be liable for any special, direct, indirect, consequential or incidental damages or any damages, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the content of the Service. 2:35 Digital reserves the right to make additions, deletions or modifications to the content of the Service at any time without prior notice. The 2:35 Digital Service and its content are provided “as is” and “as available” without any warranty or representation of any kind, either express or implied. 2:35 Digital is a distributor and not a publisher of content provided by third parties; As such, 2:35 Digital exercises no editorial control over such content and makes no warranties or representations as to the accuracy, reliability or currency of any information, content, services or merchandise provided or accessible through the 2:35 Service. Digital. Without limiting the foregoing, 2:35 Digital specifically disclaims all warranties and representations in any content transmitted in connection with the 2:35 Digital Service or on sites that may appear as links on the 2:35 Digital Service, or on the products provided as part of or in connection with the 2:35 Digital Service, including, without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information provided by 2:35 Digital or any of its affiliates, employees, officers, directors, agents or the like will create a warranty. Pricing and availability information is subject to change without notice. Without limiting the foregoing, 2:35 Digital does not warrant that the 2:35 Digital Service will be uninterrupted, uncorrupted, timely or error-free.

Contact Us

Please feel free to contact us if you have any questions. Through this link: https://2:35.tv