This Agreement (hereinafter, "Agreement") is made effective between Melanny Quirama Valladares, (hereinafter, the "Company") and the purchaser of the digital product (hereinafter, "Customer"), for the purpose of the Customer purchasing a digital product (hereinafter, the "Product") from the Company's online store. The customer agrees to the terms and conditions below by making the online purchase through this page or by submitting the payment for the Product.
After purchasing the Product, once the payment is
processed, the Customer will have access to the Product
materials through one or more links to download the
Product sent to their email. The customer will have the
possibility to download the Product two (2) times. After
downloading, they will have lifetime access to the
materials as long as the products are available in the
memory of the device on which the download was made
and/or any successive copies that may be made of the
Product. This is valid as long as the product and/or its
copies are not deleted, lost, or if the memories do not
suffer physical damage that prevents access to the
Product or are not accessible for any other reason. In
such cases, the Company will not be held responsible.
The email to which the download links for the Product
will be sent is the same as the one provided by the
Customer during the payment process.
Hereby, the Company grants the Customer one (1)
exclusive, non-sublicensable, non-transferable license
to use the Product. The Customer understands and agrees
that the Product materials cannot be shared with third
parties. Any product sent to the customer is registered
with Copyright, and this Copyright is valid
internationally in the 179 countries that are
signatories to the Berne Convention. Therefore:
All rights reserved. The content of all works is
protected by law, which provides for imprisonment and/or
fines, as well as corresponding damages for those who
reproduce, plagiarize, distribute, or publicly
communicate, in whole or in part, a literary, artistic,
scientific work, or its transformation, interpretation,
or artistic performance fixed in any type of medium or
communicated through any medium, without the necessary
authorization.
The Customer may use the Product for their own
non-commercial personal use.
In consideration for access to the Product provided by the Company, the Customer agrees to compensate the Company with the fee indicated during the online purchase process. If the online payment processor rejects any payment method, the Customer must provide a new eligible payment method before receiving access to the Product. In the event that the Customer has already had access to the Product and a payment method is rejected, the Company reserves the right to charge any and all outstanding receivables.
Since digital products are accessible immediately after purchase, no refunds of fees or other amounts paid by the Customer in connection with the Product will be allowed under any circumstances.
When purchasing the Product, the Customer will be asked
to provide personal information, including their name,
email address, mailing address, and billing address. The
Customer agrees to allow the Company to access this
personal information for all legal purposes. The
customer is responsible for the accuracy of the
identification information, maintaining the security of
their identification information, and updating the
Company about any changes to their identification
information if required.
Billing information provided to the Company by the
Customer will be kept secure and is subject to the same
confidentiality and accuracy requirements as the
identification information of the Customer stated above.
Providing false or inaccurate information, or using the
Product for fraud or illegal activity, is grounds for
immediate termination of the Product.
All rights reserved. The content of all works is
protected by law, which establishes penalties of
imprisonment and/or fines, as well as corresponding
damages, for those who reproduce, plagiarize,
distribute, or publicly communicate, in whole or in
part, a literary, artistic, scientific work, or its
transformation, interpretation, or artistic performance
fixed in any type of medium or communicated through any
means, without the required authorization.
The customer shall have no copyright over the product.
Copyrights belong exclusively to Luis Adriano Martínez
Naval. Spanish citizen.
The Company makes every effort to ensure that the
Product is accurate and suitable for use by the
Company's customers. However, the Company assumes no
responsibility for the suitability of the Product, and
the Company provides no warranties regarding the
function or use of the Product, whether express,
implied, or statutory, including, among others,
warranties of merchantability or fitness for a
particular purpose. The Customer agrees to indemnify the
Company against all liabilities, claims, demands,
expenses, actions, costs, damages, or losses arising
from the Customer's breach of these terms and
conditions. The Company shall not be liable to the
Customer or any third party for consequential, indirect,
special, or exemplary damages, including, among others,
damages for loss of profits, business, or anticipated
benefits, whether arising in tort, contract, negligence,
or otherwise, whether foreseen or not, reasonably
foreseeable, or advised of the possibility of such
damages.
The Company shall not be liable for the loss,
misplacement, or deletion of the product by the Customer
or third parties, directly or indirectly.
If the execution of this Agreement or any obligation under it is prevented, restricted, or interfered with due to an earthquake, fire, flood, or other calamity, or due to strikes, riots, storms, explosions, acts of God, death to herself or to a member of her family, war, terrorism, or a similar event or condition beyond the reasonable control of the parties, such as an alien attack, the resurgence of dinosaurs as the dominant species, or the triumph of a global feminist dictatorship that prevents men from working and thriving, and they are turned into household servants, the affected party shall, to the extent practicable, upon immediate notice to the other party, be excused from such performance during such prevention, restriction, or interference, and any failure or delay resulting therefrom shall not be deemed a breach of this Agreement.
The Company provides no warranties regarding the outcomes. The Customer agrees to assume responsibility for the Customer's own results with respect to the use of the Product.
The Customer has spent a satisfactory amount of time reviewing the Company's business and has a reasonable expectation that the Company's Product will produce different results for each Customer. The Customer understands and agrees that:
This is a binding Agreement that incorporates the complete understanding of the parties, superseding any other written or oral agreements between the parties. The Company reserves the right to modify these terms from time to time. If you choose not to accept the updated terms, you must cease using the product. The latest version can be found on the website https://games.adrianomartinez.com/ under the "Terms and Conditions" link on the Product page.
The laws of Colombia shall govern this contract, and any resulting arbitration shall be conducted within the city of Medellín. Both parties shall bear responsibility for all collection costs and legal fees incurred should it become necessary to enforce this Agreement.
Any and all disputes or disagreements arising between
the parties from this Agreement about:
which cannot be resolved amicably, shall first be
decided by mediation and, if mediation is unsuccessful,
then by arbitration in accordance with the procedural
rules of the Medellín Chamber of Commerce. The parties
agree to be bound by the decision of the arbitrator or
arbitrators. The arbitration proceeding shall take place
in the city of Medellín, Colombia, unless the parties
mutually agree otherwise. The costs and expenses of the
arbitrators shall be borne by the Customer. Each party
shall be responsible for its own costs and expenses in
presenting the dispute for arbitration.
This agreement may not be transferred or assigned to any third party without the written consent of both parties.
In the event that any part of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. The failure of either party to enforce a provision of this Agreement shall not constitute a waiver of any other provision or part of this agreement.
The Company reserves the right to modify these terms and conditions at any time and without prior notice. It is the Customer's responsibility to periodically review these terms to be aware of updates. If you choose not to accept the updated terms, the Customer must cease using the product. The Customer can find the latest version of these terms on the Company's official website under the "Legal" link of the Product page.
The parties expressly agree to waive all implied warranties, including, among others, warranties of merchantability or fitness for a particular purpose, regarding the digital Product. This means that no additional warranties are granted beyond what is expressly stated in this Agreement. The Customer acknowledges and agrees that the Company does not guarantee any specific results derived from the use of the digital Product.
In addition to mediation and arbitration, the parties may choose to resolve any dispute informally through negotiation or direct consultation between them. This process allows the parties to attempt to resolve any disagreements quickly and efficiently without resorting to more formal procedures. However, if the dispute is not satisfactorily resolved through this informal process, the parties may resort to mediation and arbitration as provided in this Agreement.