1. General Conditions

1.1. Prosumer (the “Application”) is developed and operated by Prosumer, Inc. (the “Company”). By visiting prosumer.kiturbano.com and using the Application you (the “User”) accept all conditions of these Terms of Use, policies and procedures that may be published by the Company. Users who contract with the Company to broadcast their messages using the Application are herein called “Entities”. Users who register in the Application to broadcast Entities messages are herein called "Ambassadors". All reference to “Users” refers to Entities and ambassadors equally. All reference to “us”, “we”, “our”, refers collectively to the Company.

1.2. We reserve the right to modify or replace these Terms of Use, suspend or discontinue the services at any time in our sole discretion. We may also impose limits on certain features and services without notice or liability. We may provide notice of changes to these Terms of Use or other matters by posting an update on the Website or through other appropriate means of electronic communication. The continued use of the Application after the posting of any change or modification to these Terms of Use will constitute their acceptance of the modified Terms of Use.

1.3. The use of this application is only available to people legally able to contract. Users who do not have this legal capacity or are under thirteen (13), may not under any circumstances or any reason, use the Application.

1.4. NOTICE TO PARENTS AND GUARDIANS: By granting the Users permission to use the Application, they agree to the terms of this Agreement on behalf of their child. The Users are responsible for monitoring and supervising their child's use of the Application. If their child is using the Application and is either under 13 or does not have their permission, please contact us immediately so that we can disable his or her access.


2. Terms of Use

2.1. The Application is a platform owned by the Company to promote support to different ideas through social networks. Being a ambassador requires to accept donating one or more Tweets or Facebook status, so the Entity, through the Company’s Application, can send a message from the ambassador personal Twitter or Facebook account to communicate or inform about the campaigns accepted by the ambassador.

2.2. To use the application Users must:

  1. Enter http://prosumer.kiturbano.com;
  2. Select if they want to start a campaign as a Entity or support a campaign as an ambassador
  3. Connect to a Twitter and/or Facebook account;
  4. Complete the required form in every social network;
  5. Grant permission to the Application to access their personal data in the respective accounts.

2.3. The ambassadors determine the quantity and/or frequency of Tweets or Facebook status to donate.

2.4. The service is totally free for the Users.

3. Limited License

3.1. The Application grants the Users a limited, non-exclusive license to access and use the Application for their personal use, subject to their compliance with all of the terms and conditions of these Terms of Use. This license is personal to the Users and may not be assigned or sublicensed to anyone else.

3.2. The Users may not use the Application for commercial purposes.

3.3. Except as expressly permitted by the Company in writing, Users will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Application and/or any portion thereof, nor will they take any measures to interfere with or damage the Application.

3.4. The Users understand and agree that the Application is licensed, not sold, to them for use only as described in these Terms of Use.

3.5. The Application is intended for use on the Users computer or mobile device. This License does not allow them to use the Application on a computer or mobile device that they do not own or control, and the Users shall not distribute or make available the application in a network that could be acceded by multiple devices simultaneously.

3.6. Users acknowledge that the Application is free of charge and that the Company has no obligation whatsoever to provide any maintenance and support services with respect to the Application.

3.7. This License is effective until terminated by the the Company or the User. Users rights under these Terms of Use will terminate automatically without notice if they fail to comply with any provision of these Terms of Use and as otherwise set forth in these Terms of Use. Upon termination of these Terms of Use, Users shall cease all use of the Application, and destroy all copies, full or partial, of the Application and any other content in their possession.

3.8. Users agree that the Application may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that Users will not use such proprietary content, information, or materials in any way whatsoever except for permitted use of the Application as described in these Terms of Use.

3.9. We reserve the right to interrupt, restrict, discontinue or modify the Application at any time. Users agree that the Company shall not be liable to them or to any third party for any modification, suspension, or discontinuance of the Application or its services.

3.10. Users may visit the Company’s Website without registering, but as a condition to participate in the Application as a User, the Company may require certain information about the Users and their Facebook and/or Twitter accounts. Users agree to provide, maintain, and update true, accurate, current, and complete information about them on the Application. Users shall not misrepresent their identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.

3.11. We may, at our discretion, refuse to offer the service to any person or entity, or change the registration conditions at any time.

3.12. Users are entirely responsible for maintaining the confidentiality of their password and account. Furthermore, they are entirely responsible for any and all activities that occur under their account. Users agree to notify us immediately by e-mail or through other appropriate means of electronic communication, of any unauthorized use of their account or any other breach of security. We will not be liable for any loss that the Users may incur as a result of someone else using their password or account, either with or without their knowledge. However, Users could be held liable for losses incurred by the Company or another party due to someone else using their account or password. Users may not use anyone else's account at any time, without the permission of the account owner.

3.13. We reserve all rights not expressly granted to the Users.

4. Registration, third party services and links

4.1. The Application is currently only available for use in connection with the Facebook® service offered by Facebook Inc. and the Twitter® service offered by Twitter Inc. and requires the Users to also have an account with at least one of these services. By participating as a User via Facebook or Twitter, the Users grants us the right to use, reproduce, modify, display and distribute content using their username, profile picture and any and all other personal data required by the Application.

4.2. Users agree that they will comply with the terms and conditions set forth by Facebook Inc. and Twitter Inc. for using the Facebook and Twitter services, respectively, and they acknowledge and agree that we will have no responsibility whatsoever with respect to their use thereof. The Company, the Website and the Application, are not affiliated with Facebook, Facebook Inc., Twitter or Twitter Inc. in any manner, and we will have no responsibility whatsoever for the actions, omissions or policies of Facebook Inc. or Twitter Inc..

4.3. Facebook and Twitter may permit Users to link to other Websites, services or resources on the Internet, and other websites, services or resources may contain links to the Company Website. Users accessing third party resources on the Internet, do so at their own risk. These other resources are not under Company’s control, and Users acknowledge that the Company shall not be responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and those resources. Users further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Website or resource.

5. Prohibited activities

5.1. In using the Application, Users must behave in a civil and respectful manner at all times. Users promise not to use the Application, or permit any third party to use the Application, for any purpose that is prohibited by these Terms of Use. Prohibited activities include, but are not limited to, the following:

  1. Using the Application for any purpose in violation of local, state or federal laws or regulations;
  2. Distribute 'spam';
  3. Posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any third party;
  4. Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, embarrassing, or offensive to any other person or entity as determined by the Company in our sole discretion or pursuant to Facebook and Twitter Terms of Use;
  5. Posting content that constitutes cyber-bullying, as we determine in our sole discretion;
  6. Posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
  7. Posting telephone numbers, street addresses, or last names of any person;
  8. Posting URLs to external websites or any form of HTML or programming code;
  9. Impersonating another person when posting content or otherwise using the Application in a manner that may be misleading or confusing to others;
  10. Harvesting or otherwise collecting information about others, including, but not limited to, e-mail addresses, without their consent;
  11. Allowing any other person or entity to use the User’s identification for posting or viewing content;
  12. Interfere or attempt to interfere with the proper functioning of the Application;
  13. Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Application (or other accounts, computer systems or networks connected to the application);
  14. Encouraging other people to engage in any prohibited activities as described herein;

6. Indemnification and warranty disclaimer

6.1. The Application will only post messages on behalf of the ambassador in relation to campaigns authorized by the ambassador and will not make any use of personal information for any purpose other than those expressed herein and in the Company’s Privacy Policy. Entities shall not keep, save or hold any Facebook or Twitter account information related to the ambassadors.

6.2. Users acknowledge Facebook and Twitter Terms of Use and Privacy Policies. Users agree not to distribute content that contains discriminatory, explicit, offensive, intimidating or inciting violence images or expressions.

6.3. By allowing the Application to send content on their name, the ambassador grants the Company the irrevocable, perpetual, worldwide, transferable, sub licensable, fully paid and royalty free right and license to use, reproduce, display, perform, distribute, modify, adapt, and promote this content in any media format and through any media channel.

6.4. Users agree to indemnify and hold harmless us and each of our representatives, agents, related entities, employees, contractors, directors, and suppliers from any claim, liability, loss, expense, judgment, settlement, or demand, including, but not limited to, reasonable attorney’s fees, incurred due to, arising out of or relating to the content generated by the Entities; use of data and personal information gathered through the Application; use or access thereof; violation of these Terms of Use or violation of any rights of another person or entity.

6.5. Users expressly waive any claims and understand and agree that the Company and its directors, officers, employees, related entities, affiliates, agents, contractors, principals, and licensors shall not be liable for:

  1. Any indirect, incidental, punitive, special, and consequential damages arising from these Terms of Use or the Users use of the Application or for any other claim related in any way to the Users use of the Application, or the performance or non performance of the Application, 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 any content posted, transmitted, or otherwise made available via the Application.
  2. Data loss or loss of business, goodwill, or profits;
  3. Costs of procurement of substitute goods, services, technology or rights, or;
  4. Any matters beyond our reasonable control.

6.6. The Users expressly understand and agree that the Company have no liability whatsoever for the use and handling, by Users and/or third parties, of the content distributed through the application on other websites or off the platform.

6.7. The Company shall not be liable directly or indirectly for any loss or damage caused to the Users in connection with any content, information, opinion, recommendation, or advice expressed by a third party within the application.

6.8. The risks arising from the use of the Application are under the sole responsibility of the Users. We do not warrant that the Application, servers, or communications sent through it are free of viruses or other harmful components.

7. DMCA Copyright Policy

7.1. If any person has a good faith belief that any content on the Application infringes their copyright, they may request removal of such content (or access thereto) from the application by contacting our Copyright Agent (designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2)) at the address set forth below and providing the following information:

  1. The copyright holder’s name, addresses, telephone number, and e-mail address.
  2. Identification of the copyrighted work that the claimaint believes to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  3. Identification of the material that the claimant believes to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  4. A statement that the claimant has a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that the claimant has supplied is accurate, and indicating that 'under penalty of perjury,' they are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our copyright agent for notice of claims of copyright infringement can be reached as follows: Email: [email protected] Attn: DMCA - Prosumer In an effort to protect the rights of copyright owners, it is our policy to terminate the account or accounts of suspected infringers on the Application in appropriate circumstances and at our sole discretion.

8. Arbitration and applicable law

8.1. Except for disputes relating to the Users or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); The Users agree that all disputes between them and the Company (whether or not such dispute involves a third party) with regard to their relationship with the Company, including without limitation disputes related to these Terms of Use, their use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and the Users and the Company hereby expressly waive trial by jury. Users may bring claims only on their own behalf. Neither the Users nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. The Users also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if the Company is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or the Users can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

8.2. This arbitration agreement will survive the termination of the Users relationship with the Company.

8.3. These Terms of Use and the relationship between the Users and the Company shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

8.4. Users agree 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 Application or these Terms of Use will be forever barred if not filed within one (1) year after such claim or cause of action arose.

9. International users

9.1. Recognizing the global nature of the Internet, Users agree to comply with any and all applicable local, state, national or international laws and regulations regarding online conduct, acceptable Content and use of the Application. Specifically, they also agree to comply with all applicable laws regarding the transmission of personal data exported from the United States or the country or jurisdiction in which they reside.

10. Additional information

10.1. These Terms of Use and the Privacy Policy constitute the entire agreement between the Entities, ambassadors and the Company, and govern their use of the Application, superseding any prior agreements between the parties.

10.2. All intellectual property rights over the Application belong to the Company.

If you have any questions or concerns regarding our Terms of Use, please contact us at [email protected] or Prosumer, Inc Charcas 5258, Buenos Aires, Argentina · Buenos Aires, Ciudad Autónoma de Buenos Aires C1425BOH · Argentina

The following policies ("Privacy Policy") govern the processing of personal information in Prosumia.la (the "Application" or "Web Site"). Prosumer, Inc (the "Company") respects your privacy and has developed this Privacy Policy and the Terms of Use to protect your privacy. The Privacy Policy is intended to describe what type of information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. All reference to "Users" refers to those who have registered in the application. Al reference to "you" or "yours" refers to anyone who visits the application, including Users.

The Application is developed by the Company.

1. Information we collect

1.1. In General. We may collect personal information that can identify you, such as your name, email address, friends list, followers, contacts you follow, and other information that does not identify you.

1.2. Information provided by you. We may collect and store any personal information that you enter on the Application or provide to us in some other manner, including comments or other submissions you upload or post to the Application. This includes identifying information, such as your name, address, e-mail address, telephone number and your likeness. We also may request information about your interests and activities, your gender and age, and other demographic information.

1.3. Information collected automatically. We automatically collect information from your browser when you visit our Application. This information includes your IP address, your Operating System, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, and the referring website address.

1.4. Cookies. When you visit the Application, we may assign your computer one or more cookies, to facilitate access to our Web Site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our Web Site, such as the webpages you visit and the links you click. Most browsers automatically accept cookies, but you may modify your browser settings to decline cookies. If you choose to decline cookies, you may not be able to sign in or use some of the interactive features offered on the Application. With cookies, the information that we collect and may share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address.

1.5. Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site.

2. Collection of your personal information

2.1. Any personal information that the application receives from you will be properly protected, so that it cannot be communicated, modified or publicly disclosed, except under the conditions and in cases established or authorized by applicable law. Consequently, we will use all the technical means and take all necessary legal safeguards to ensure the protection of personal data and privacy thereof.

2.2. You can browse some of the Website without telling us who you are or otherwise transmitting personal information. If you accept to participate in the Application as a User, you agree to:

  1. Transfer and storage your personal information on servers located in the United States.
  2. In case you participate as a User through Facebook:
    1. We collect and store the following personal information: public profile (name, surname, profile image, age, gender, language, country of residence and other public data), friends list, e-mail address and birthday.
    2. This Application will be able to: read your timeline or biography status, access your friends list, update your profile; publish statements on your behalf.
    3. This Application will be unable to access any of your private messages and/or passwords.
  3. In case you participate as a User through Twitter:
    1. We collect and store the following personal information: name, date of birth, place of residence, gender and subscription (daily, weekly, monthly).
    2. This Application will be able to: read your tweets, see who you follow and follow new people, update the profile, and publish tweets on your behalf.
    3. This Application will be unable to: access your direct messages or your Twitter account password.

3. How We Use the Information We Collect

3.1. We do not resell or redistribute your personal data or use it for other purposes than the purpose of this Application.

3.2. As a User, you agree that we may use your personal information to:

  1. Manage your account and provide you with customer support;
  2. Enforce our terms and conditions;
  3. Resolve disputes; respond to emails or other inquiries;
  4. Customize measure and improve our services and content.

3.3. Users wishing to suspend the authorization provided to the Application may do so by removing the Application using the tools that for such purpose Twitter and Facebook platforms offer.

4. Disclosure of information

4.1. We only give personal information collected through the Application to third parties:

  1. In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
  2. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.

5. Security of information and personal data

5.1. We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard the Users’ personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of Users’ sensitive personal information between their system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to their personal information.

5.2. We want Users to feel confident using the Application. However, no system can be completely secure. Therefore, although we take steps to secure the Users information, we do not promise, and they should not expect, that their personal information or other communications will always remain secure. Users should be careful in handling and disclosing their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

5.3. Users must remember that they are the only responsible parties for all actions taken on their account, if they lose control over their password, they may lose control over their personal information and may be subject to legally binding actions taken on their behalf. If Users believe that their account has been compromised, they should immediately notify us by e-mail or mail at the address indicated at the end of the document, and change their passwords. Users agree to indemnify and hold us harmless for any losses incurred by the Company or by any third party due to the use of Users’ account.

6. Age restriction

6.1. You represent and warrant that you are at least thirteen (13) years of age; if you are under thirteen (13), you may not under any circumstances for any reason, use the Application. We do not knowingly collect personal information from children under the age of 13.

7. Unforeseen circumstances

7.1. In the event that we or any of our assets are acquired by a third party, personal information may be one of the assets transferred in such acquisition.

8. Third party Websites

8.1. There are a number of places on the Application or through Facebook or Twitter where Users may click on a link to access other websites or services that do not operate under this Privacy Policy. These third-party websites may independently solicit and collect Users’ information, including personal information. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting.

9. Changes to this Privacy Policy

9.1. We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "Last Updated" date at the top of this Privacy Policy. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. Your continued use of the Application constitutes acceptance of those changes.

9.2. For any questions, comments or concerns regarding our Privacy Policy and/or practices, please contact us at the following email addresses: [email protected]