Acceptance of Terms
When you access the Modella Digital website (defined below), you agree to the following terms and conditions.
By accessing or using the services of Modella Digital, you accept and agree to the terms contained in the sections of the Website, Vendors, and General below, as well as the terms in this Section: Acceptance of Terms.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS OR USE THE OFFERINGS OF MODELLA DIGITAL OR ANY SERVICE THAT INCORPORATES THE OFFERINGS OF MODELLA DIGITAL, AND CEASE IMMEDIATELY AND DISCONTINUE YOUR ACCESS TO THE MODELLA DIGITAL WEBSITE.
When you accept these terms as set forth above, you are entering into a legally binding agreement with AcoloresDesign.
When these Terms mention "we," "us," or "our," they refer to this specific business entity, Modella Digital or AcoloresDesign.
Website
Acolores Design authorizes you to view the materials on www.acolores.es, www.modelladigital.com, www.modelladigital.es, and any of its subdomains, under the condition that:
All information, programs, processes, methodologies, communications, software, scripts, audio, photos, data, text, video, graphics, sounds, images, comments, found on the aforementioned websites, may not be copied or distributed, or republished without the prior written consent of Acolores Design.
UNLESS it is for your personal, non-commercial, and non-public use, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials.
Any use of Modella Digital Content on any other website or networked computer environment for any other purpose is prohibited.
Vendors
You shall not intentionally or knowingly interfere with Modella Digital Services, nor use any device, software, routine, practice, or methodology that interferes with the proper functioning of Modella Digital Services.
This includes, without limitation, undervaluation or other mechanisms to divert and disrupt the business of others.
Furthermore, without a separate written agreement with Acolores Design, you shall not market, license, or distribute Modella Digital Services (i) by rental or leasing, (ii) en masse for redistribution, (iii) to other Vendors, resellers, value-added resellers, or distributors; or (iv) in any manner not in accordance with these Terms.
Subscription or Purchase Orders.
All orders placed are subject to acceptance by Acolores Design and require you to provide both a valid email address and a credit card. You are solely responsible for ensuring that your email and credit card information remains up-to-date and valid. We may accept, reject, or place limits on your order for any reason.
All software made available as part of your subscription to Modella Digital Services is licensed to you, not sold. Any use of the terms "sell" or "buy" in relation to the software shall mean licensed. You are solely responsible for determining the compatibility of the products you purchase from Acolores Design with any other equipment or software you may need or use.
Use of Services
If you download or access any application, including software applications, or other software directly from Modella Digital or Acolores Design, including all code, files, images contained in or generated by the Modella Digital Software, and accompanying data, are considered licensed to you by Acolores Design.
Neither the title nor the intellectual property rights in Acolores Design Content or Modella Digital Software are transferred to you, and they remain with Acolores Design.
You may not resell, decompile, reverse engineer, disassemble, or otherwise convert Modella Digital Software.
If you download or access any content from another Vendor or User, such content will be subject to the terms provided by the owner, and if no terms are provided by the owner, you agree that such content will be licensed to you by the owner without the transfer of any intellectual property rights except the limited license to use such content in accordance with any restrictions provided by such owner. Any content you access from another Vendor or User is considered third-party products or services and is subject to the limitations set out in the section below "Third-Party Websites, Products, and Services."
Trial Subscriptions. Your subscription to Modella Digital, which will begin with a free 15-day trial, will continue month-to-month unless you cancel your subscription or we terminate it. You must cancel your membership before it renews each month to avoid being billed for the next month's subscription fees. You are limited to ONE free trial.
Your End Users. Acolores Design will not have direct contact with your end users.
Users
The design tools provided by Acolores and its Modella Digital software should only be used by users or companies that have entered into a contract with Acolores Design.
Access to the design tools will only be
granted to authorized users.
General
Acolores Design does not endorse, nor does it offer any warranties regarding any Content, the Modella Digital Website, associated Services, or any related site, information, products, or services.
Acolores Design will not be liable for the accuracy, reliability, availability, effectiveness, or correct use of information, resources, products, or services that you access or use through Modella Digital.
The Services of Acolores Design and the Modella Digital Website may change from time to time or vary by geographic location. By service we refer to the PRICE, PROMOTIONS AND CONDITIONS.
Acolores Design grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use Modella Digital Services, (b) access and view Modella Digital Content, (c) access and use Modella Digital Software, (d) access and use the Content and software provided through Modella Digital by third parties, and (e) create a text hyperlink to a Modella Digital Website, provided such access or use does not portray Acolores Design or Modella Digital in a false, misleading, derogatory, defamatory, or otherwise inappropriate manner as Acolores, at its sole discretion, may deem inappropriate.
You shall not use, sublicense, transfer, copy, adapt, modify, translate, disclose, distribute, license, sell, rent, lease, assign, publicly display, publicly perform, transmit, broadcast, create derivative works, or otherwise exploit the Services of Acolores Design or the Modella Digital Website or any part thereof, except as expressly permitted in these Terms of Use.
For explicit clarification and without limiting the foregoing, unless permitted by applicable law, you shall not (i) maliciously manipulate or modify any Acolores Design Content or Modella Digital Software, test the vulnerability or circumvent any Acolores Software.
Account and Equipment Security
Full use of Acolores Services and Modella Digital software requires you to create an account and provide information such as your legal full name, a valid email address, and, as a security measure, a password.
You are responsible for all activity that occurs in association with your account. Acolores Design is not responsible for any loss or damage caused by your failure to maintain the confidentiality of your account credentials.
Full use of Modella Digital Services depends on the use of a desktop or notebook computer and network services with Internet access.
It is your responsibility to ensure that you have the appropriate equipment and services and to maintain their security and functionality. You are solely responsible for any charges related to your access and/or use of Modella Digital Services, including without limitation, charges from your telecommunications or Internet providers for access or data use.
Copyrights, Trademarks, and Service Marks
The content of the Modella Digital Website and Associated Services is protected by copyright, and any unauthorized use of such content (including without limitation copying or imitating the look, feel, and/or structure of the Acolores or Modella Digital Website) may violate copyright, trademarks, and other laws, as well as constitute a material breach of these Terms of Use.
Your Content
You are responsible for Your Content. You must ensure that you own Your Content or that you have all necessary rights to grant Modella Digital a license to publish Your Content.
You agree not to (1) upload any content containing software viruses or designed to disrupt, destroy, or limit the functionality of any equipment or service, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user's account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information from other users for any unauthorized reason, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or upload any content that is advertising material, promotional material, junk mail, spam, or that promotes or encourages criminal activity; or (5) use the Modella Digital Website or Associated Services in any manner that, in our sole discretion, is objectionable, or restricts or inhibits any other person from using or enjoying the Modella Digital Services, or that may expose Acolores Design, Modella Digital, or users to any harm or liability of any type.
Acolores Design may, at its sole discretion and without prior notice, read, disclose, preserve, alter, delete, or refuse to display any of Your Content, and may prohibit you from posting, uploading, storing, sharing, sending, or displaying Your Content on our websites.
Acolores Design may, but is not obligated to, monitor or review any area on the Modella Digital Website where Your Content is uploaded or can be viewed.
Acolores Design will have no liability related to the content you post on Modella Digital.
Acolores Design may deny access to Modella Digital Services to users who repeatedly violate these Terms of Use.
Your Submissions and Feedback
Any comments, ideas, innovations, suggestions, improvements, feedback,
or other submissions provided to Acolores about the Modella Digital Services will forever be the property of Acolores Design without any compensation or other benefit to you. Acolores Design will have exclusive ownership of all existing and future rights to the Feedback of all kinds and natures everywhere and may use, disclose, reproduce, distribute, and exploit them without any restriction, compensation to, or acknowledgment of you.
For any Feedback that cannot be legally assigned to Acolores Design at the time of submission, you hereby grant Acolores Design and its designees an unlimited, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute, and create derivative works from the Feedback for any commercial or non-commercial purpose, and you agree that Acolores Design is free to use any ideas, concepts, know-how, or techniques that you submit to Acolores Design for any purpose without compensation to you or any other person providing the Feedback. Additionally, you warrant that all so-called "moral rights" with respect to the Feedback have been waived.
It is prohibited to use the Modella Digital Website or Associated Services to post, transmit, communicate, and/or deliver any illegal, threatening, defamatory, obscene, pornographic material or any other material that violates any law, or that could give rise to any civil or criminal liability under the law.
DMCA Procedure for Copyright Infringement Claims
Acolores Design respects the intellectual property rights of others and expects its users to do the same. Upon receiving proper notification, Acolores Design will take appropriate action to remove or disable access to material as set forth in the Copyright Act.
Any notice of copyright infringement claims must be sent to Acolores Design at the following address: Calle Clavel 29 4-2, Torrellano, Alicante, Spain.
When notifying Acolores Design of alleged copyright infringement, please provide complete and sufficient information, including the identification of the copyrighted work allegedly infringed, the allegedly infringing material, the address and contact information for the owner of the allegedly copyrighted material, and a statement that the information in the notice is accurate, and, under penalty of perjury, that the claiming party is authorized to act on behalf of the copyright owner. If proper notice is received, Acolores Design will remove or disable access to the infringing materials.
Acolores Design will also attempt to contact the infringing party, to provide information about the notice and removal and to provide information about the counter-notice. If Acolores Design receives an adequate DMCA counter-notice declaring, under penalty of perjury, that the party believes in good faith that their material was removed incorrectly, the removed material may be restored 10 business days after receiving the counter-notice, unless the copyright owner initiates a lawsuit seeking a court order against the allegedly infringing party and informs Acolores Design of this action.
Acolores Design will send a copy of the counter-notice to the original claiming party. Acolores Design has the right to disclose your private information when the law permits or requires it, including copyright infringement violations.
It is the policy of Acolores Design, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
Enforcement Rights
You agree that Acolores Design may take any action or inaction that Acolores Design reasonably believes is necessary to (i) enforce these Terms of Use; (ii) prevent, deter, or defend against any type of fraud or misrepresentation; (iii) comply with applicable law; (iv) provide customer support; and (v) protect the property and other rights of Acolores Design and its users.
Third-Party Websites, Products, and Services
Acolores Design is not responsible for the accuracy, reliability, availability, effectiveness, or correct use of Third-Party Content, including without limitation to Vendors or other Users.
Alerts and Notifications
As part of your use of Modella Digital Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications.
Disclaimer of Warranties
THE MODELLA DIGITAL WEBSITE AND ASSOCIATED SERVICES ARE PROVIDED "AS IS" WITHOUT ANY KIND OF WARRANTIES OF ANY KIND.
We do not guarantee that the Modella Digital Services will meet your requirements or that they will be available uninterrupted, secure, or error-free.
Acolores Design uses reasonable efforts to maximize the availability of the Modella Digital system. Acolores Design will make a reasonable effort to correct any technical difficulties that may arise with the Modella Digital service; however, ACOLORES DESIGN DOES NOT GUARANTEE THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, RELIABILITY, OF THE RESULTS OF USING THE MODELLA DIGITAL WEBSITE AND/OR THE MODELLA DIGITAL SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH MODELLA DIGITAL IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR USE OF THE MODELLA DIGITAL SERVICES.
THE INFORMATION PROVIDED MAY REFER TO PRODUCTS, PROGRAMS, OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.
Indemnification
You will indemnify and hold harmless Acolores Design and its officers, directors, employees, affiliates, agents, licensors, and contractors from any claim, demand, action, dispute, allegation, or investigation brought by any third party, governmental authority, or industrial body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys' fees, arising out of or in any way related to (i) your access to or use of Modella Digital Services, (ii) Your Content, (iii) your breach or alleged breach of any warranty made by you herein, (iv) your violation of any other provision of these Terms of Use, (v) your violation of any law, or (vi) your violation of any rights of a third party.
Acolores Design reserves the right to take over the defense of any third-party claim that is subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL ACOLORES DESIGN or its officers, directors, employees, affiliates, agents, licensors, contractors, suppliers, or any other party involved in creating, producing, or delivering THE MODELLA DIGITAL WEBSITE AND/OR ASSOCIATED SERVICES ("PARTIES RELATED TO ACOLORES") BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY DIRECT OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS OF DATA OR GOODWILL, BUSINESS INTERRUPTION OR SERVICES, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE AND ALL OTHER DIRECT,) ARISING FROM THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE MODELLA DIGITAL WEBSITE AND/OR THE ASSOCIATED SERVICES.
NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF ACOLORES DESIGN OR ANY PARTY RELATED TO ACOLORES DESIGN TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING FROM YOUR USE OF OR RELATED DIRECTLY OR INDIRECTLY TO THE MODELLA DIGITAL WEBSITE AND/OR THE ASSOCIATED SERVICES, SHALL NOT EXCEED $100.00 USD. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN ACOLORES DESIGN AND YOU.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
