1. OWNERSHIP OF CONTENT AND SOFTWARE
1.1. The owner of emotiments.es, the Emotiments iPhone, Android, or iPad application (hereinafter all referred to as the WEBSITE, SOFTWARE, or APPs) is MARKTECH GROUP ENTERPRISE SL (hereinafter, EMOTIMENTS or the Company). The Company’s registered office is located at Eduardo Dávila, 10. 41807 Espartinas (Seville), with VAT number B04927448, and is registered in the Commercial Registry of Seville, Volume 7012, Folio 118, Entry 1, Sheet SE-129233.
1.2. Customer Service:
Contact email: [email protected]
Contact phone: +34 623 18 10 60
2. PURPOSE AND SCOPE OF APPLICATION
2.1. These terms of use and contracting regulate the USER’s (hereinafter, the USER or CLIENT) access and use of the services made available by EMOTIMENTS. Access and use of the services imply acceptance and compliance with the conditions described in this document, as well as the Privacy Policy and Cookie Policy.
2.2. Access to the WEBSITE, either directly or through any domain name redirecting to this WEBSITE, grants the visitor the status of USER and requires acceptance of all the conditions described in this document.
2.3. Likewise, the use of the SOFTWARE or APPs for creating personalized gifts and their subsequent printing through EMOTIMENTS requires acceptance of all the conditions described in this document.
2.4. EMOTIMENTS reserves the right to modify, at any time and without prior notice, the product offering or any other aspect of these terms, including the contracting conditions, while respecting transactions already made with the USER.
2.5. These terms of use and contracting may be revised for technical reasons or due to changes or modifications in the provision of the service, or, if applicable, due to corporate decisions by EMOTIMENTS. These changes will be effective from their publication on the website, making it important for the USER to periodically review and consult the terms of use. Notwithstanding the above, modifications must always respect transactions already made with the CLIENT.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
3.1. EMOTIMENTS owns intellectual and industrial property rights or has obtained the necessary authorizations or licenses for their exploitation, associated with domain names, trademarks and distinctive signs, the WEBSITE, the published content, computer programs, mobile applications, and other works and inventions contained or related to this website and its associated technology.
3.2. The contents of the WEBSITE, SOFTWARE, and APPs, including texts, images, and source code, are protected by intellectual and industrial property rights.
3.3. EMOTIMENTS grants the USER a non-exclusive, universal license, with no geographical or temporal limitation, over the WEBSITE and/or any tools made available by EMOTIMENTS to USERS for the purpose of editing and printing personalized gifts and/or sharing these contents with third parties.
3.4. The USER declares that they have all the necessary permissions and licenses for the images, distinctive signs, and content they may include and/or publish in their personalized gifts or photo and video content, releasing EMOTIMENTS from any liability in this regard.
3.5. Likewise, the USER grants EMOTIMENTS a license to use the photo and video content solely for the purpose of providing the contracted service, in accordance with these terms of use.
3.6. The contents of the WEBSITE may not be used, reproduced, copied, transformed, or transmitted in any form without the prior, written, and explicit permission of EMOTIMENTS.
3.7. EMOTIMENTS is a registered trademark owned by EMOTIMENTS, S.L.
4. CONDITIONS OF USE OF EMOTIMENTS’ PROPRIETARY SOFTWARE
4.1. EMOTIMENTS grants the USER a license to use the design and layout tools for products published on its website, as well as for their printing, with non-exclusive and unlimited geographical scope. This license applies to the WEBSITE, SOFTWARE, and APPs.
4.2. The use license will have an indefinite duration, and at EMOTIMENTS’ discretion, the USER may access new updates and versions developed by EMOTIMENTS.
4.3. The WEBSITE, SOFTWARE, and APPs are licensed to the USER by EMOTIMENTS in their current state (“as is”) and for the purpose described in section 5.1. and not for any other activity not described in these terms of use. Any additional functionality may be, at EMOTIMENTS’ discretion, subject to a separate contract and conditions.
4.4. The granted license does not, under any circumstances, confer the USER rights to access the source code of the WEBSITE, SOFTWARE, or APPs.
4.5. The license does not entail maintenance of equipment or the provision of updates to the WEBSITE, SOFTWARE, and APPs without EMOTIMENTS’ consent.
4.6. The technical documentation for assistance regarding the WEBSITE, SOFTWARE, and APPs or any other technology made available by EMOTIMENTS to the USER will be the documentation available at the time of software download, and the creation of specific documentation for the USER will not be required.
4.7. The USER’s equipment must meet the technical specifications provided to the USER.
4.8. Limitation of Liability: EMOTIMENTS has made every effort to prevent, as far as possible, improper or unstable operation. Likewise, EMOTIMENTS has endeavored to ensure that the program is free of computer viruses. Under no circumstances will EMOTIMENTS be responsible to the USER, or to other persons, for consequential, incidental, or derivative damages or any other type, including, but not limited to, damages resulting from loss of goodwill, work interruptions, breakdowns, computer failure, or all and any types of damage or loss. The foregoing limitations and exclusions will apply to the extent permitted by applicable law in your jurisdiction.
4.9. Copies of the Software: Any copies of the software made by the USER must contain the same copyright and ownership notices that appear in the software at the time of download.
4.10. Prohibition of Modifications: The USER may not modify, adapt, or translate the WEBSITE, SOFTWARE, and APPs, nor may they use reverse engineering, decompile, disassemble, or otherwise attempt to discover the source code.
5. CONTRACTING CONDITIONS
5.1. SHIPPING COSTS AND PRODUCT DELIVERY
5.1.1. The shipping costs of the order will be added to the order amount during the order process and before payment. Depending on the order amount, shipping costs may be free. More information about shipping costs is available on the Shipping Costs page.
5.1.2. EMOTIMENTS will inform the CLIENT of the delivery times of the order during the purchase process or through the logistics operator handling the order.
5.1.3. It is the recipient’s responsibility to check the order at the time of delivery and to make any reservations and claims that the CLIENT deems justified.
5.1.4. The logistics management of the CLIENT’s orders corresponds to the companies contracted by EMOTIMENTS or, if applicable, the supplier providing the order, and therefore EMOTIMENTS assumes no liability arising from non-compliance with the obligations described in this clause due to an action or omission by the logistics operator.
5.1.5. When EMOTIMENTS foresees that, for any reason, it will not be able to meet the corresponding delivery deadline for a specific order, it will contact the CLIENT to inform them of the situation.
5.1.6. Pickup Points: At the time of purchase completion, the CLIENT may choose the pickup point that best suits their needs, from traditional delivery to the delivery address provided by the client through a courier company; or by choosing from a list of collaborating Emotiments pickup points where the product will be delivered to the CLIENT, after identifying themselves.
6. RULES FOR USING THE WEBSITE, SOFTWARE, AND APPS
6.1. The CLIENT agrees to use the WEBSITE, SOFTWARE, and APPs, or any other means made available to the USER, in accordance with the following usage rules:
6.2. The USER shall not send or publish commercial communications through any medium owned by EMOTIMENTS.
6.2.1. The USER shall not collect content or information from other USERS or otherwise access any medium owned by EMOTIMENTS using automated means (such as robots).
6.2.2. The USER shall not upload viruses or malicious code of any kind.
6.2.3. The USER shall not request login information or access an account belonging to another USER.
6.2.4. The USER shall not harass, intimidate, or bully any USER.
6.2.5. The USER shall not offer any contests, giveaways, or bets through any medium owned by EMOTIMENTS.
6.2.6. The USER shall not use any medium owned by EMOTIMENTS for unlawful, deceptive, malicious, or discriminatory acts.
6.2.7. The USER shall not take any action that may disable, overburden, or affect the proper functioning of the WEBSITE, SOFTWARE, and APPs owned by EMOTIMENTS.
6.2.8. The USER shall not provide or encourage the violation of these Terms of Use.
6.2.9. The USER shall not provide false personal information to EMOTIMENTS or create an account for others.
6.2.10. The USER shall not create a personal account for unlawful purposes.
6.2.11. If EMOTIMENTS disables your account for justified reasons, you shall not create another without our authorization.
6.2.12. The USER shall not use the personal profile created in EMOTIMENTS to obtain financial gains.
6.2.13. The USER declares that the contact information is accurate, up-to-date, and truthful.
6.2.14. The USER shall not share the password, let someone else access their account, or do anything that could compromise account security, nor transfer their account to third parties.
6.2.15. If the USER chooses a USERNAME for their account, we reserve the right to remove or reclaim it if deemed appropriate (for example, if the owner of a trademark complains about a USERNAME not closely related to the USER’s real name).
6.3. EMOTIMENTS may delete any content or suspend the service if, in its sole discretion, it violates any of the rules and obligations described in these legal terms or is deemed inappropriate and/or false by EMOTIMENTS.
7. STORAGE OF PROJECTS
EMOTIMENTS will keep finished and processed client projects blocked, solely for the purpose of addressing potential liabilities arising from the provision of personalized gift creation services.
8. LIMITATION OF LIABILITY
8.1. EMOTIMENTS will not be liable when product delivery cannot be completed due to the inaccuracy or falsity of the data provided by the USER for this purpose, or if delivery cannot be made for reasons beyond EMOTIMENTS’ control, such as the absence of the recipient.
8.2. EMOTIMENTS will not, in any case, be responsible for the content, operation, and/or data protection policy or other terms set forth on third-party websites accessed through a link or hyperlink on this WEBSITE, nor for the content, services, or products offered on them, unless these other sites are owned by EMOTIMENTS. The hyperlinks contained in EMOTIMENTS’ WEBSITE may direct to third-party websites. EMOTIMENTS incorporates them to facilitate CLIENT navigation and assumes no responsibility for the content, information, or services that may appear on said sites, which are purely informative and do not imply any relationship between the third party and EMOTIMENTS.
8.3. Access and contracting of products offered by EMOTIMENTS require a computer or computing device and an Internet connection. The costs associated with these elements are not included within the prices described in these legal terms.
8.4. EMOTIMENTS exercises the utmost diligence in implementing security measures, but it assumes no liability regarding the safekeeping and appropriate use of passwords for accessing the WEBSITE, SOFTWARE, and APPs, which are the sole responsibility of the CLIENT, as well as for acts organized and/or orchestrated by third parties that, for unlawful purposes, breach the security measures implemented by EMOTIMENTS.
8.5. EMOTIMENTS assumes no liability for the ownership of CLIENT photo content or the personal data and images contained within said content, which are the sole responsibility of the CLIENT.
9. APPLICABLE LAW AND JURISDICTION
The terms and use of the WEBSITE will be governed and interpreted in accordance with the rules of jurisdiction and competence established by Spanish law.
10. CONTACT
If you use another browser, you can find more information on configuring cookie installation through the help or assistance section of that browser. If you need help setting up cookies in your browser, please email us at [email protected], and we will get back to you as soon as possible with the necessary information.
11. COMPLAINTS AND CLAIMS
The USER can send their complaints, claims, or any other comments they wish to make to Emotiments using the contact details provided at the beginning of these Terms (General Information).
Furthermore, Emotiments has official complaint forms available for consumers and users, which can be requested from Emotiments at any time using the contact details provided at the beginning of these Terms (General Information).
Additionally, if a dispute arises from this purchase contract between Emotiments and the USER, the USER as a consumer may seek an out-of-court settlement in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method is accessible through the following website: http://ec.europa.eu/consumers/odr/.