EULA
End Customer License Agreement ("Agreement")
Please read this End Customer License Agreement carefully before clicking the "I Accept" button, downloading or using puroestilo.com
Interpretation and definitions
Interpretation
Words whose initial letter is capitalized have meanings defined under the following conditions.
The following definitions will have the same meaning regardless of whether they appear in the singular or plural.
Definitions
For the purposes of this End Customer License Agreement:
- Agreement means this End Customer License Agreement which constitutes the entire agreement between You and the Company regarding the use of the Application.
- Application means the software program provided by the Company, downloaded by You through an App Store account to a Device, called puroestilo.com
- App Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) through which the Application has been downloaded to your Device.
- Company (referred to in this Agreement as "the company", "we", "us" or "our") refers to www.puroestilo.com
- Content means content such as text, images or other information that you may post, upload, link or otherwise make available, regardless of the form of that content.
- Country refers to: Spain.
- Device means any device that can access the Application, such as a computer, cell phone or digital tablet.
- Family/Family Group Sharing allows you to share apps downloaded through the App Store with other family members, allowing them to view and download each other's eligible apps to their associated devices.
- Third Party Services means any services or content (including data, information, applications and other product services) provided by a third party that may be displayed, included or made available by the Application.
- You means the individual accessing or using the Application, or the company, or other legal entity, on behalf of which such individual is accessing or using the Application, as applicable.
Recognition
By clicking the "I Accept" button, downloading or using the Application, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click the "I Accept" button, download or use the Application.
This Agreement is a legal document between You and the Company and governs Your use of the Application made available to You by the Company.
This Agreement is solely between You and the Company and not with the App Store. Therefore, the Company is solely responsible for the Application and its content.
Although the App Store is not a party to this Agreement, it has the right to enforce it against you as a third party beneficiary in connection with your use of the App.
Because other Customers may access and use the Application through, for example, Family/Family Sharing or volume purchases, such Customers' use of the Application is expressly subject to this Agreement.
The Application is licensed, but not sold, to You by Company for use strictly in accordance with the terms of this Agreement.
License
License Scope
The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that you own or control and as permitted by the terms and conditions of the App Store.
The license granted to you by the Company is solely for your personal, non-commercial purposes, strictly in accordance with the terms of this Agreement.
License restrictions
You agree not to do so and will not permit others to do so:
- License, sell, rent, lease, assign, distribute, transmit, host, subcontract, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- Copy or use the Application for any purpose other than that permitted in the “License” section above.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- Remove, alter or obscure any proprietary notice (including any copyright or trademark notice) of the Company or its affiliates, partners, suppliers or licensors of the Application.
Content
Content restrictions
The Company is not responsible for the input, information or content of the Application Clients. You expressly understand and agree that You are solely responsible for the Content and any activity that occurs under Your account, whether conducted by You or any third party using Your account.
You may not transmit any Content that is unlawful, offensive, disturbing, intended to cause disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
Some examples of such Objectionable Content include, but are not limited to:
- Illegal activity or that promotes illegal activities.
- Defamatory, discriminatory or mean-spirited content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin or other specific groups.
- Spam, whether machine-generated or randomly, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Contain or install any virus, worm, malware, Trojan horse or other content that is designed or intended to interrupt, damage or limit the operation of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third party.
- Infringe any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonate any person or entity, including the Company and its employees or representatives.
- Violate the privacy of any third person.
- False information and characteristics.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any Content is appropriate and complies with this Agreement, refuse or remove any Content. The Company further reserves the right to make modifications and changes in the format and form of any Content. The Company may also limit or revoke your use of the Application if You post such Objectionable Content.
As the Company cannot control all content posted by Customers and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application you may be exposed to content that you may consider offensive, indecent, inaccurate or objectionable and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions or any loss or damage of any kind incurred as a result of the use of any content.
Intellectual property
The Application and including, without limitation, all copyrights, patents, trademarks, trade secrets and other intellectual property rights, are and will remain the sole and exclusive property of the Company.
The Company will have no obligation to indemnify or defend you with respect to any third-party claims arising out of or related to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use thereof infringes the intellectual property rights of third parties.
Your suggestions
Any feedback, comments, ideas, improvements or suggestions that You provide to the Company regarding the Application shall remain the sole and exclusive property of the Company.
The Company shall have the freedom to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any manner without any credit or compensation to the Client.
Modifications to the Application
The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service it connects to, with or without prior notice and without liability to the Client.
App updates
The Company may, from time to time, provide improvements or enhancements to the features/functionalities of the Application, which may include patches, bug fixes, updates, enhancements and other modifications.
Updates may modify or eliminate certain features and/or functionality of the Application. You agree that the Company has no obligation to (i) provide Updates, or (ii) continue to provide or enable particular features and/or functionality of the Application.
You further agree that any updates or other modifications (i) shall be deemed an integral part of the Application and (ii) subject to the terms and conditions of this Agreement.
Third party services
The Application may display, include or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services.
The Client acknowledges and agrees that the Company 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. The Company assumes no responsibility and shall have no liability to You or any other person or entity for third-party Services.
You must comply with applicable third party Terms and Conditions when using the Application. Third Party Services and links to them are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third party's Terms and Conditions.
Privacy Policy
The Company collects, stores, maintains and shares information about you in accordance with our Privacy Policy: www.puroestilo.com
By accepting this Agreement, you acknowledge that you accept and consent to the terms and conditions of our Privacy Policy.
Term and termination
This Agreement will remain in effect until the Client or the Company terminates it. The Company may, at its sole discretion, at any time and for any reason or for no reason at all, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that the Client fails to comply with any of its provisions. The Client may also terminate this Agreement by removing the Application and all copies of it from their Device or computer.
Upon termination of this Agreement, the Client must cease using the Application and delete all copies of the Application from their Device.
The termination of this Agreement shall not limit any of the Company's rights or remedies at law or in equity in the event of a breach by the Client (during the term of this Agreement) of any of its obligations under this Agreement.
Compensation
The Client agrees to indemnify and hold harmless the Company and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) from any claim or demand, including reasonable attorney's fees, arising out of or related to: (a) their use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any third-party rights.
No guarantees
The Application is provided to the Client "AS IS" and "AS AVAILABLE" and with all defects and flaws without any warranty of any kind. To the maximum extent permitted by applicable law, the Company, 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 Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise from the course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company makes no warranty or commitment and makes no representations of any kind that the Application will meet your requirements, achieve the intended results, be compatible or work with any other software, applications, 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 the Company nor any of the Company's suppliers make any representation or warranty of any kind, express or implied:
(i) regarding the operation or availability of the Application, or the information, content, and materials or products included therein; (ii) that the Application will be uninterrupted or error-free; (iii) regarding the accuracy, reliability, or timeliness of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojans, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable legal rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. However, in such cases, the exclusions and limitations set forth in this section 11 will apply to the fullest extent permitted by applicable law. To the extent that there is any warranty under the law that cannot be disclaimed, the Company, not the App Store, will be the sole party responsible for such warranty.
Limitation of liability
Without prejudice to any damages the Customer may suffer, the total liability of the Company and any of its suppliers under any provision of this Agreement and its exclusive remedy for all of the above shall be limited to the amount actually paid by the Customer for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising from or related in any way to the use or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company 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.
The Customer expressly understands and agrees that the App Store, its subsidiaries and affiliates, and its licensors shall not be liable to the Customer under any theory of liability for any direct, indirect, incidental, special, consequential, or exemplary damages that the Customer may incur, including any loss of data, whether or not the App Store or its representatives have been advised or should have been aware of the possibility of such losses.
Divisibility and Exemption
Divisibility
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.
Exemption
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 be the waiver of a breach constitute a waiver of any subsequent breach.
Product claims
The Company does not offer any warranties of any kind in relation to the Application. In the event that the Customer has any claims arising from or related to their use of the Application, the Company, not the App Store, is responsible for addressing such claims, which may include, among others: (i) any claim for product liability; (ii) any claim that the Application does not comply with any applicable legal or regulatory requirement; and (iii) any claim arising from consumer protection or similar legislation.
Changes to this Agreement
The Company 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 the sole discretion of the Company.
By continuing to access or use the Application after revisions become effective, you agree to be bound by the revised terms. If you do not accept the new terms, you are no longer authorized to use the Application.
Governing law
The applicable law is that of Spain, as well as the Spanish regulations and legislation that may apply.
Complete agreement
The Agreement constitutes the complete agreement between the Client and the Company regarding their use of the Application and replaces all prior and contemporaneous written or oral agreements between the Client and the Company.
The Client may be subject to additional terms and conditions that apply when using or purchasing services from another Company, which the Company will provide at the time of such use or purchase.
Contact us
If you have any questions about this Agreement, you may contact us:
By email: ayuda@puroestilo.com
On our website: www.puroestilo.com