Last Updated: December 1, 2021
These Terms of Service and all other legal documents incorporated by reference (collectively, the «Terms») establish the legal contract between each visitor («User» or «you» or «your») and Emelkart Trading SL («Emelkart», «We» or «us») with respect to accessing and using your Internet properties, including but not limited to www.emelkart.com, microsites, mobile websites, mobile applications, Emelkart profiles on social media sites and any other digital service. or properties operated or used by Emelkart from time to time (collectively referred to as the «Site (s)»).
BY USING THE SITE (S), YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS AND OUR PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE) (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE BEING BOUND BY THEM, (iv) YOU MAY FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS (INCLUDING ANY POLICY OF YOUR COMPANY) APPLICABLE TO YOU, TO THE USE OF THE WEBSITES AND / OR THE USE OF THE WEBSITES. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE WILL NOT BE WILLING TO GRANT YOU ACCESS TO THE SITE (S).
Some of the other Emelkart sites, services and tools may have additional terms that we provide to you when you use those sites, services or tools.
A. Property
1. The content of the Sites includes, without limitation, (i) the trademarks, service marks, logos, trademarks and trade names of Emelkart (and / or one or more of its affiliates), the trade dress , trade names and other distinctive identification and all associated goodwill (collectively, “Emelkart Trademarks”); (ii) interfaces, computer code, databases, products, services, applications and software tools, text, images, photographs, audio and video material, including podcasts and works of art (“Our Technology”); (iii) any writing, essay, article, analysis, white papers, blogs, notes, posts in message boards, surveys, polls (and including your information (personal or otherwise), photos, images, text, comments and others elements and materials), in any medium or format now known or devised in the future, whether physical, electronic, digital, analog or otherwise; and (iv) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, ‘Look and Feel’ and arrangement of any content included in or available through the Site (s) (the elements identified in the Subsections (i), (ii), (iii) and (iv) are collectively referred to herein as «GlobalLogic Content»). The Emelkart Content is the property of Emelkart Trading SL, its affiliates, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by laws including, but not limited to, copyright laws, trade secrets, patents and trademarks, as well as other laws, treaties and state, national and international regulations. The reproduction, transmission, distribution, sale, publication, transmission, circulation or dissemination of any Emelkart Content by you, or by you through any other person or entity, is prohibited unless express written consent is obtained by separate from Emelkart or the owner of such content if Emelkart is not the owner. For reprints, contact Emelkart. Any use of the Emelkart Marks without the express written consent of Emelkart is strictly prohibited. You may not alter, remove, hide or conceal the copyright or other notices that appear in the Emelkart Content, including the notices that appear in any Emelkart Content that you are permitted to download, transmit, display, print or reproduce from the (the ) Site (s). Unless you first obtain the prior written consent of the copyright owner, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings),
2. Notwithstanding the foregoing, Emelkart does not endorse any content or article of any of its licensors or contributors, nor any opinion, recommendation or advice expressed therein, and Emelkart expressly disclaims any liability in relation to the content. You understand that Emelkart is not responsible for the accuracy, usefulness, security or intellectual property rights of or related to such content.
3. Your «Comments» (that is, any information you provide to us about the Site (s), such as a comment or evaluation) are welcome and encouraged. However, you agree that (i) by submitting unsolicited ideas to Emelkart, you automatically lose your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to Emelkart or any of its employees or representatives automatically become the property of Emelkart. You agree that any comments you provide on the Site (s) will be considered non-confidential. Emelkart will be free to use such information without restrictions. You agree not to take any action that may undermine the rating or feedback systems that we establish as part of the Services. This includes not displaying, importing, exporting or using any Feedback information outside of the Sites,
B. Your access to the Sites and general restrictions on use
1. You are granted a personal, revocable, limited, non-exclusive and non-transferable license to access and use the Site (s) conditioned on your continued acceptance and compliance with these Terms. You may use the Emelkart Site (s) and Content for your personal, non-commercial use and for no other purpose. Emelkart reserves the right to prohibit, restrict or suspend any User’s access to the Sites and / or terminate this license at any time and for any reason. Emelkart reserves any rights not explicitly granted in these Terms.
2. The rights granted to you by these Terms will remain in effect only as long as these Terms are in effect. You may not resell or sublicense access to the Sites to any third party. You may not modify or create any derivative products based on the Site (s). You may not decompile, disassemble, reverse engineer, or attempt to obtain or perceive the source code from which any component of the Site (s) is compiled or interpreted, and nothing in these Terms should be construed as granting you any right to obtain or use the source code. You agree not to use the Site (s) to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another person; (c) collect or store personal data about other users; (d) impersonate another person or entity, or misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the services or servers or networks connected to the Site (s), or disobey any requirement, procedure, policy or regulation of the networks connected to the Site (s). Without our written consent, you may not (i) use any high-volume, automated or electronic means to access the Sites (including but not limited to robots, spiders, or scripts); or (ii) frame the Site (s), place pop-ups on its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete, and up-to-date. You may not (i) use electronic, automated, or high-volume means to access the Sites (including but not limited to robots, spiders, or scripts); or (ii) frame the Site (s), place pop-ups on its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete, and up-to-date. You may not (i) use electronic, automated, or high-volume means to access the Sites (including but not limited to robots, spiders, or scripts); or (ii) frame the Site (s), place pop-ups on its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete, and up-to-date.
C. Third-party offers
You may be able to access websites, content or services provided by third parties through links that are available on the Site (s), including, but not limited to, voluntarily sharing some of your information from the Site (s). (s) on social media sites. , and ‘like’ our Site (s) on social media. Furthermore, from time to time, Emelkart may refer you to one or more of our business partners who make products or services available through their respective websites or by other means (for example, by mail or otherwise). We refer to all other websites, content, services and products as «Third Party Offerings». For example, we may allow third parties with related services to link your products and services on the Site (s), and those links may redirect you to the third party’s websites. Unless we inform you otherwise on the Site (s), your use of such Third Party Offerings is not necessary to access and / or use the Site (s). If you choose to use such Third Party Offerings and / or if you choose to ‘click’ on a link or button, you understand that (a) you will be leaving our Site (s) and (b) your use of any such Third Party Offering will be subject to to the terms and conditions required by the corresponding third-party providers. You understand that we are not a provider of nor are we responsible for such Third Party Offerings and that these Terms in themselves do not grant you any rights to access, use, download content or purchase any Third Party Offerings. The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies, terms of use, business practices. or your compliance with laws. We do not exercise control over third party websites or services. We recommend that you read the privacy policies and terms of use of the other websites and services that you use and the terms of the offers in which you participate. You agree that Emelkart is not and will not be liable to you or any third party for your interaction with such third parties.
D. Term and termination
These Terms will become effective and binding when you use the Site (s), when you voluntarily provide us with any information about yourself, or when you indicate your agreement by following the instructions we place on the Site (s) (such as the buttons labeled «I agree»). You do not need to inform us if you wish to stop using the Site (s). We reserve the right to terminate these Terms and your access to the Sites at any time without prior notice. Your rights under these Terms will automatically and immediately terminate if you fail to fulfill your promises and obligations set forth in these Terms. The provisions of Sections A, B (2), last sentence of D, E and F will survive the termination of these Terms.
E. Disclaimers, Limitations and Exclusions of Liability
1. No guarantees. THE SITE (S) AND ALL CONTENT RELATED TO THE FOREGOING ARE PROVIDED «AS IS.» TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GLOBALLOGIC AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, UNCERTAINTY OF UNDERTAKINGS, UNCERTAINTY, UNDERSTANDING, UNDERSTANDING, UNDERSTANDING, UNDERTAKINGS OF THE DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. EMELKART AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, FREE OF ERRORS OR VIRUSES. SENDING ANY PERSONAL INFORMATION AND DOWNLOADING ANY CONTENT THROUGH THE EMELKART SITES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM DOWNLOADING OR UPLOADING SUCH CONTENT OR TRUSTING SUCH CONTENT, AND YOU ARE RECOMMENDED TO KEEP BACKUP COPIES OF ALL BACKUP CONTENT WITHOUT CONNECTION . GLOBALLOGIC IS NOT THE PROVIDER AND MAKES NO WARRANTIES WITH RESPECT TO THIRD PARTY OFFERS. EMELKART DOES NOT WARRANT THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE (S). NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE (S) PROVIDES COMPLETE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR DELETE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE (S). AND YOU ARE RECOMMENDED TO KEEP OFFLINE BACKUP COPIES OF ALL CONTENT. EMELKART IS NOT THE SUPPLIER AND MAKES NO WARRANTIES WITH REGARD TO THIRD PARTY OFFERS. GLOBALLOGIC DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE (S). NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE (S) PROVIDES COMPLETE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR DELETE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE (S). AND YOU ARE RECOMMENDED TO KEEP OFFLINE BACKUP COPIES OF ALL CONTENT. EMELKART IS NOT THE SUPPLIER AND MAKES NO WARRANTIES WITH REGARD TO THIRD PARTY OFFERS. EMELKART DOES NOT WARRANT THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE (S). NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE (S) PROVIDES COMPLETE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR DELETE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE (S).
2. Limitation of liability. USE OF THE EMELKART SITES AND ANY CONTENT IS AT YOUR SOLE RISK. IN NO EVENT SHALL EMELKART OR ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT CONSIDERED DAMAGES. . IN NO EVENT WILL EMELKART’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING IN CONNECTION WITH THESE TERMS WILL EXCEED ONE HUNDRED US DOLLARS (USD $ 100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND EMELKART IN RELATION TO THE PROVISION OF THE SITE (S) AND ANY CONTENT TO YOU, AND GLOBALLOGIC WILL NOT PROVIDE YOU WITH ACCESS TO THE SITES WITHOUT THIS LIMITATION.
3. Indemnification. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Emelkart, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses , responsibilities, costs or debts. and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Sites; (ii) your violation of any term of these Terms; or (iii) your violation of any third party rights, including, but not limited to, any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Sites.
F. Any other business
1. Privacy. In the course or by accessing and / or using the Site (s), we may obtain information about you. All uses of your personal information will be treated in accordance with our Privacy Policy, which is an integral part of these Terms. By using the Site (s), you agree to the terms and conditions of our Privacy Policy, which may be modified from time to time. If you do not agree to your information being used in any of the ways described in the Privacy Policy, you must discontinue use of the Sites.
2. Assignment. These Terms, and any rights and licenses granted below, cannot be transferred or assigned by you, but can be assigned by Emelkart without restriction.
3. Modifications to the Terms. We may change these Terms from time to time. Any of these changes will be effective when posted on the Site (s). If you object to such changes, your only recourse will be to stop using the Site (s). Your continued use of the Site (s) after the posting of such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms, including such changes.
4. Modifications to the services. We reserve the right to modify the Sites at any time without prior notice. If you object to any changes to the Site (s), your only recourse will be to stop using them. Your continued use of the Sites after the posting of such changes will indicate your acknowledgment of those changes and your satisfaction with the modified Sites. We also reserve the right to discontinue the Site (s) at any time without prior notice. We will not be liable to you or any third party if we exercise our right to modify or discontinue the Site (s).
5. Legal disputes. These Terms will be subject to and interpreted in accordance with the laws of Las Palmas, Spain, excluding its rules on conflicts of laws. You agree that any claim or dispute you may have against Emelkart must be resolved exclusively by a state or federal court located in Las Palmas, Spain, unless the parties agree otherwise or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Las Palmas, Spain, for the purpose of litigating all such claims or disputes.
6. Arbitration. For any claim (i) presented by a resident of a country other than Spain; or (ii) when the total amount of compensation requested is less than ten thousand dollars ($ 10,000.00), you agree that Emelkart may choose to profitably resolve the dispute through binding arbitration without appearance. In the event that Emelkart elects arbitration, you agree to transfer any claim to the exclusive jurisdiction of an arbitration proceeding, which will be initiated through an established alternative dispute resolution («ADR») provider chosen by Emelkart. The ADR provider and the parties must adhere to the following rules: (a) the arbitration will be conducted by phone, online and / or based solely on written submissions, the specific form will be chosen by the party initiating the arbitration ; (b) the arbitration will not involve any personal appearance of the parties or witnesses unless the parties agree otherwise; and (c) any judgment on the award rendered by the arbitrator may be presented in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive relief or other equitable relief.
7. General agreement. You agree to comply with all laws, rules and regulations that apply to your use of the Sites. If you are outside the CE (Spain) and choose to provide information to Emelkart, you acknowledge and agree that the information may be processed and transferred in the CE (Spain). Your submission of information represents your agreement to this. These Terms, together with the Privacy Policy and any other legal notices posted by Emelkart on the Site (s), will constitute the entire agreement between you and Emelkart with respect to the Site (s). No waiver of any term of these Terms will be deemed an additional or continuing waiver of such term or any other term, and Emelkart’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. . If a court of competent jurisdiction determines that any provision of these terms is invalid, you agree that the court must endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms will remain in full force and effect. You agree that any claim or cause of action relating to the Site (s) and / or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever prohibited. and the other provisions of these Terms will remain in full force and effect. You agree that any claim or cause of action relating to the Site (s) and / or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever prohibited. and the other provisions of these Terms will remain in full force and effect. You agree that any claim or cause of action relating to the Site (s) and / or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever prohibited.
8. Contact information. If you have any questions or concerns regarding these Terms or the Sites, please visit our Contact Us page. Report any issues, offensive content, policy violations, and / or abuse to us at info@emelkart.com.
