Effective from 1 October 2022
THE AGREEMENT: Your use of this Website and the Services on this Website provided by Museum of Illusions (hereinafter, the ""Company"") are subject to the following Terms and Conditions (hereinafter, the ""Agreement""), all parts and subparts of which are specifically incorporated by reference here. This Agreement will govern your use of all pages on this website (hereinafter collectively referred to as the ""Website"") and any services provided by or on this Website.
1) DEFINITIONS
The parties to this Agreement shall be defined as follows:
a) Company, Us, Us: The Company, as creator, operator and publisher of the Website, makes the Website and certain Services available to users. Museum of Illusions, Company, We/as, Our/Our, Ours and other first-person pronouns refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Customer: You, as a user of the Website, throughout this Agreement will be referred to by second person pronouns such as You, Your, Yours, or as User or Customer.
c) Parties: Together, the parties to this Agreement (the Company and you) will be referred to as Parties.
2) CONSENT AND ACCEPTANCE
By using the website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately. The Company only agrees to provide you with use of this website and services if you agree to this Agreement.
3) PERMISSION TO USE THE WEBSITE
The Company may provide you with certain information as a result of your use of the Company’s Website or Services. Such information may include, documentation, data or information developed by the Company and other materials that may assist you in your use of the Website or the Services (""Company Materials""). Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the Company’s materials solely in connection with your use of the Website and the Services. The company’s materials may not be used for any other purpose, and this license ends when you stop using the Website or the Services, or when you terminate this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are owned by the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property (""Company IP""). You agree that the Company owns all rights, title and interest in the Company’s IP and will not use the Company’s IP for any unlawful or infringing purposes. You agree not to reproduce or distribute the Company IP in any way, including electronically or by registering new trademarks, trade names, service marks or uniform resource locators (URLs), without the Company’s express written permission.
5) PERMITTED USE
You agree not to use the Website or the Services for any illegal purpose or any purpose prohibited under this clause. You agree not to use the Website or the Services in any way that would harm the Website, the Services or the general business of the Company.
a) You further agree not to use the Website or the Services:
I) To harass, abuse or threaten others or violate the legal rights of any person.
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer virus or other software that may damage the property of another;
IV) To commit any fraud;
V) To participate in or create gambling, raffles or pyramid schemes;
VI) Publish or distribute any obscene or defamatory material;
) Publish or distribute any material that incites violence, hatred or discrimination against any group;
VIII) Unlawfully collecting information from third parties.
6) AFFILIATE MARKETING AND ADVERTISING
The Company, through the Website and the Services, may engage in affiliate marketing by which it receives a commission or percentage of the sale of goods or services on, or through the Website. The Company may also accept advertising and sponsorship from commercial companies, or receive other forms of compensation for advertising. This disclosure is intended to comply with the Spanish Trade Commission Rules. marketing and advertising, as well as any other legal requirements that may apply.
7) PRIVACY INFORMATION
Through your use of the Website and the Services, you may provide us with certain information. By using the Website or the Services, you authorize the Company to use your information in Spain and any other country where we may operate.
a) Information we may collect or receive: depending on how you use Our Website or Our Services, we may receive information from external applications that you use to access Our Website, or we may receive information through various web technologies, such as cookies, log files, transparent gifs, web beacons or others.
b) How we use the information: We use the information collected from you to ensure a good and continuous experience on our Website. We may also track some of the passive information received to improve our marketing and analytics, and for this, we may work with third-party vendors, including other marketers.
c) How you can protect your information: if you wish to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.
8) SALES
The Company may sell goods or services, or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information relating to goods and services, including descriptions and images of products. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
9) SHIPPING/DELIVERY/RETURN POLICY
You agree to guarantee payment for any items you purchase from us, and acknowledge and represent that prices are subject to change. When you purchase a physical good, you agree to provide us with a valid email and shipping address as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide us. If we do this after the payment has been processed, we will refund you the purchase price amount. We may also ask you for additional information before confirming a sale, and we reserve the right to impose additional restrictions on the sale of any of Our products. You agree to guarantee payment for any items purchased from us, and acknowledge and represent that prices are subject to change. For the sale of physical products, we may pre-authorize your credit or debit card at the time you place the order, or we may simply charge your card at the time of shipment. You agree to monitor Your payment method. Shipping costs and dates are subject to change from the quoted costs and dates due to unforeseen circumstances. For any questions, concerns or disputes, you agree to contact us in a timely manner at the following address: [email protected]
No returns accepted.
10) REVERSE ENGINEERING AND SECURITY
You agree not to do any of the following:
a) Reverse engineer, or attempt to reverse engineer, or disassemble any code or software from or on the Website or the Services;
b) Violate the security of the Website or the Services through any unauthorized access, encryption or other security tools circumvention, data extraction or interference in any server, user or network.
11) LOSS OF DATA
The Company is not responsible for the security of Your account or Your content. You agree that Your use of the Website or the Services is at Your own risk.
12) COMPENSATION
You agree to defend and indemnify the Company and any of Its affiliates (if applicable) and exempt us from any legal claims and actions, including reasonable attorney fees, that may arise from or be related to Your use or misuse of the Website or Services, Your failure to comply with this Agreement, or Your conduct or actions. You agree that the Company may select its own legal counsel and participate in its own defense, if the Company so desires.
13) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including collecting email addresses and personal information from others or sending bulk commercial emails.
14) THIRD-PARTY LINKS AND CONTENT
From time to time, the Company may post links to third party websites or other services. You agree that the Company is not responsible for any loss or damage caused as a result of Your use of third party services linked from Our Website.
15) MODIFICATION AND VARIATION
From time to time and at any time without notice, the Company may amend this Agreement. You agree that the Company has the right to modify this Agreement or revise any content of it. Furthermore, you agree that all amendments to this Agreement are in full force and effect immediately upon Your posting on the Website and that the modifications or variations will supersede any previous version of this Agreement, unless the previous versions are specifically mentioned or incorporated in the latest amendment or variation of this Agreement.
a) To the extent that any part or subpart of this Agreement is found to be ineffective or invalid by any court, you agree that the previous and effective version of this Agreement shall be deemed applicable and valid in its entirety.
b) You agree to monitor this Agreement routinely and consult the Effective Date posted at the top of this Agreement for changes or variations. You further agree to clear Your cache when you do so to avoid accessing an earlier version of this Agreement. You agree that your continued use of the Website after any modification to this Agreement is a statement of your continued consent to this Agreement.
c) If you do not control any changes or variations to this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the amended Agreement.
16) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and supersedes all prior or contemporaneous agreements or understandings, written or oral, with respect to the use of this Website.
17) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website in order to perform scheduled or unscheduled maintenance or emergency services. You agree that Your access to the Website may be affected by unplanned or unscheduled downtime for any reason, but that the Company will have no liability for any damage or loss caused as a result of such downtime.
18) TIME LIMIT, TERMINATION AND SUSPENSION
The Company may terminate this Agreement at any time and for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms described in this document, which includes, but is not limited to, violating the intellectual property rights of the Company or a third party, failure to comply with applicable laws or other legal obligations, and/or publication or distribution of illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. Upon termination of this Agreement, any provision that is expected to survive the termination by its nature shall remain in full force and effect.
19) NO GUARANTEES
You agree that your use of the Website and the Services is at Your sole and exclusive risk and that any service provided by Us is ""as is"". The Company hereby expressly disclaims all and any warranties, express or implied, of any kind, including but not limited to, an implied warranty of fitness for a particular purpose and an implied warranty of merchantability. The Company does not warrant that the Website or the Services meet Your needs or that the Website or the Services are uninterrupted, error-free or safe. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage you may suffer, through Your computer system, or as a result of loss of Your data from Your use of the Website or the Services, is Your sole responsibility and that the Company is not responsible for such damage or loss.
20) LIMITATION OF LIABILITY
The Company is not responsible for any damages you may suffer as a result of your use of the Website or the Services, to the fullest extent permitted by law. The maximum liability of the Company arising out of or in connection with this Agreement is limited to one hundred euros (100€) EURO or the amount you have paid to the Company in the last six (6) months, whichever is greater. This section applies to all and any of Your claims, including but not limited to loss of profit or income, consequential or punitive damages, negligence, strict liability, fraud or grievances of any kind
21) GENERAL PROVISIONS:
a) LANGUAGE: All communications or notices given in accordance with this Agreement shall be in the spanish language.
b) JURISDICTION, PLACE AND CHOICE OF LAW: Through your use of the Website or the Services, you agree that the laws of the state of Spain will govern any matter or dispute related to or arising from this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of laws provisions. In the event of any dispute specifically permitted under this Agreement, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Spain. The Parties agree that this provision of choice of law, place and jurisdiction is not permissive but binding by nature. Hereby waives the right to any jurisdictional objection, including asserting the inconvenience doctrine or similar doctrine.
c) ARBITRATION: In the event of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these attempts to resolve the dispute fail, the parties will submit the dispute to binding arbitration. The arbitration will be conducted in Spain. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, amend the provisions of this Agreement, award punitive damages or certify a class. The arbitrator shall be subject to applicable and current federal laws, as well as the laws of the following state: Spain. Each Party shall pay its own costs and fees. Claims requiring arbitration under this section include, but are not limited to: contractual claims, non-contractual claims, claims based on federal and state law, and claims based on law, local ordinances, statutes or regulations. The Company’s intellectual property claims shall not be subject to arbitration and, by exception to this subpart, may be the subject of litigation. The Parties, in accordance with this subpart of this Agreement, waive any rights they may have to a jury trial with respect to arbitration claims.
d) ASSIGNMENT: You may not assign, sell, lease or otherwise transfer, in whole or in part, this Agreement, or the rights granted under it. In the event that the Company assigns, sells, leases or otherwise transfers this Agreement, or any rights granted under it, the rights and obligations of the Company shall be binding upon and affect the transferees, directors, successors and executors.
e) DIVISIBILITY: If any part or subpart of this Agreement is found to be invalid or unenforceable by a court or arbitrator, the remaining parts and subparts shall apply to the greatest extent possible. In this condition, the remainder of this Agreement shall remain in full force and effect.
f) WITHOUT WAIVER: If we do not enforce any provision of this Agreement, this shall not constitute a waiver of future enforcement of that or any other provision. Any waiver of any part or subpart of this Agreement shall not constitute a waiver of any other part or subpart.
g) HEADINGS FOR CONVENIENCE ONLY: The titles of the parties and subparts under this Agreement are for convenience and organization only. The headings do not affect the meaning of any provision of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership or joint venture has been established between the Parties as a result of this Agreement. Neither Party has the authority to link the other with third parties.
i) FORCE MAJEURE: The Company is not liable for any breach due to causes beyond its reasonable control, including but not limited to unforeseeable circumstances, acts of civil authorities, acts of military authorities, disturbances, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both parties under this Agreement, including e-mail or fax. For any questions or concerns, please send an e-mail to: [email protected].