EULA

 

End Customer License Agreement ("Agreement")

Please read this End Customer License Agreement carefully before clicking the "I Agree" button, downloading or using tiendaespiral.com.

Interpretation and definitions

Interpretation

Words whose initial letter is capitalized have defined meanings under the following conditions.

The following definitions shall 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 User License Agreement which constitutes the entire agreement between You and the Company with respect to the use of the Application.
* Application means the software program provided by the Company, downloaded by You through an Application Store account to a Device, named tiendaespiral.com
* Application 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.
* The Company (referred to in this Agreement as "the Company", "we", "us", "us" or "our") refers to www.tiendaespiral.com.
* Content refers to content such as text, images or other information that you may post, upload, link to or otherwise make available, regardless of the form of that content.
* Country refers to: Canada.
* Device means any device that can access the Application, such as a computer, cell phone or digital tablet.
* Family Sharing/Family Group allows you to share applications downloaded through the App Store with other family members, allowing them to view and download each other's eligible applications 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 through the Application.
* You mean 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 Agree" 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 App 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, the use of the Application by such Customers is expressly subject to this Agreement.

The Company licenses, but does not sell, the Application to You for use strictly in accordance with the terms of this Agreement.

License

Scope of the license

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 App 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 for your personal, non-commercial purposes only, strictly in accordance with the terms of this Agreement.

License restrictions

You agree not to do so and will not allow 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 third parties.
* Copying or using the Application for any purpose other than as permitted in the "License" section above.
* Modify, perform derivative works of disassembly, decryption, reverse compilation or reverse engineering of any part of the Application.
* Remove, alter or obscure any proprietary notices (including any copyright or trademark notices) of the Company or its affiliates, partners, suppliers or licensors from the Application.

Content

Content restrictions

The Company is not responsible for Customer entries, information or content on the Application. You expressly understand and agree that You are solely responsible for the Content and all activity that occurs under Your account, whether performed by You or any third party using Your account.

You may not transmit any Content that is unlawful, offensive, disruptive, intended to cause disgust, threatening, libelous, defamatory, defamatory, obscene or otherwise objectionable.

Examples of such Objectionable Content include, but are not limited to, the following:
* Illegal activity or activity 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 random, 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 gain unauthorized access to any data or other information of any third party.
* Infringe any proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, rights of publicity or other rights.
* Impersonating any person or entity, including the Company and its employees or representatives.
* Violate the privacy of any third party.
* False information and characteristics.

The Company reserves the right, but not the obligation, in its sole discretion, to determine whether any Content is appropriate and complies with this Agreement and to reject or remove any Content. The Company further reserves the right to make modifications and changes to 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 find offensive, indecent, inaccurate or objectionable and agree that under no circumstances shall 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, but not limited to, all copyrights, patents, trademarks, trade secrets and other intellectual property rights, are and shall remain the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend you with respect to any third-party claim arising out of or related to the App. To the extent the Company is required to provide indemnification by applicable law, the Company, not the App Store, shall 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 any third party.

Your suggestions

Any feedback, comments, ideas, improvements or suggestions You provide to the Company with respect to the Application shall remain the sole and exclusive property of the Company. 

The Company shall be free to use, copy, modify, publish or redistribute the Suggestions for any purpose and in any manner without any credit or compensation to You.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Application updates

The Company may, from time to time, provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades, enhancements and other modifications.

Updates may modify or remove 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 features and/or functionality of the Application to you.

You further agree that any updates or other modifications (i) shall be deemed an integral part of the Application and (ii) shall be 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.

You acknowledge and agree that the Company shall not be responsible or liable for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall have no liability or responsibility to You or any other person or entity for any Third-Party Services.

You must comply with the applicable third-party Terms and Conditions when using the Application. Third Party Services and links thereto are provided solely for your convenience, and you access and use them entirely at your own risk and subject to the Terms and Conditions of such third parties.

Privacy Policy

The Company collects, stores, maintains and shares information about you in accordance with our Privacy Policy: www.tiendaespiral.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 shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any reason or no reason, suspend or terminate this Agreement with or without notice.

This Agreement will terminate immediately, without notice from the Company, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies of the Application from your Device or computer.

Upon termination of this Agreement, You shall cease using the Application and delete all copies of the Application from Your 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 You (during the term of this Agreement) of any of Your obligations under this Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any rights of any third party.

No guarantees

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the fullest 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 course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the Company makes no warranty or commitment and makes no representation of any kind that the Application will meet your requirements, will achieve its intended results, will be compatible or work with any other software, applications, systems or services, will operate without interruption, will meet performance or reliability standards or will 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 makes any representation or warranty of any kind, express or implied:

(i) as to 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) as to the accuracy, reliability or currency of any information or content provided through the Application; or (iv) that the Application, its servers, content or emails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer's applicable legal rights, so some or all the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this Section 11 will fully apply possible under applicable law. To the extent any warranty exists at law, which cannot be disclaimed, the Company, not the App Store, shall be solely responsible for such warranty.

Limitation of liability

Notwithstanding any damages You may suffer, the Company's and any of its suppliers' total liability under any provision of this Agreement and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You 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, without limitation, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way connected with the use of 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.

You expressly understand and agree that the App Store, its subsidiaries and affiliates and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special, consequential or exemplary damages that You may incur, including any loss of data, whether the App Store or its representatives have been advised or should have been aware of the possibility of such losses arising.

Divisibility and Exemption

Divisibility

If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be changed and interpreted to achieve the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

Exemption

Except as provided herein, failure to exercise a right or require performance of an obligation under this Agreement shall not affect the ability of a party to exercise such right or require such performance at any time thereafter, nor shall waiver of a default constitute a waiver of any subsequent default.

Product claims

The Company makes no warranties of any kind in connection with the App. In the event that You have any claims arising out of or related to Your use of the App, the Company, not the App Store, is responsible for addressing such claims, which may include, but are not limited to: (i) any product liability claims; (ii) any claims that the App does not comply with any applicable legal or regulatory requirement; and (iii) any claims arising under 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 give you at least 30 days' notice before the new terms become effective. What constitutes a material change will be determined in the Company's sole discretion. 

If you continue to access or use the Application after the 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 the Application.

Governing Law

Applicable law is that of Canada, as well as any applicable Canadian laws and regulations.

Full agreement

The Agreement constitutes the entire agreement between You and the Company with respect to Your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when you use or purchase another Company's services, which the Company will provide to you at the time of such use or purchase.

Contact us at

If you have any questions about this Agreement, you may contact us:
By e-mail: help@tiendaespiral.com