Términos y Condiciones
TERMS OF SERVICE
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GENERAL
This website is operated by TinyPock. Throughout the site, the terms “we”, “us”, “us” and “our” refer to TinyPock. TinyPock offers this website, including all information, tools and services offered on this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you interact with our “Service” and acknowledge as bound by the following terms and conditions (hereinafter referred to as “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, suppliers, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
New features or tools added to the current store will also be subject to the Terms of Service. You may review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, by using the Service, violate the laws of your jurisdiction (including, without limitation, copyright laws).
You will not transmit any computer worms or viruses or any code of a destructive nature.
Failure to comply with or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2: TERMS AND CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform to and comply with technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are for convenience only and shall not limit or affect these Terms.
SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We shall not be responsible if the information available on this site is not accurate, complete or up to date. The material presented on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more recent sources of information. Your reliance on any material on this site is at your own risk.
This site may contain certain historical information. Historical information is inevitably not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4: MODIFICATIONS TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5: PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where such product or service is prohibited.
We do not guarantee that the quality of any product, service, information or other material you have purchased or obtained will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed with the same customer account, the same credit card, or orders using the same billing or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you via email or the billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide complete and accurate current purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please see our Returns Policy.
SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, have no control over, or contribute to.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or in connection with your use of optional third party tools.
Any use you make of optional tools offered through the Site is at your own risk, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third party providers.
We may also, in the future, offer new services or features through the site (including, the release of new tools and resources). These new features or services will also be subject to these Terms of Service.
SECTION 8: THIRD PARTY LINKS
Some content, products and services available through our Service may include third party resources.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, nor do we warrant or assume any liability or responsibility for any third-party web sites or resources, or for any other materials, products or services of third parties.
We are not liable for any damages or injury related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please review carefully the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to third parties.
SECTION 9: USER COMMENTS, FEEDBACK AND OTHER COMMUNICATIONS
If, at our request, you submit certain specific communications (eg, contest entries) or, without a request from us, submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (hereinafter collectively referred to as 'feedback'), you agree that we may, at any time, without restriction: edit, copy, publish, distribute, translate and use in any medium any feedback you submit to us. We do not and will not have any obligation (1) to keep any Comments confidential; (2) to pay any compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene or objectionable, or that infringes any party's intellectual property or these Terms of Service.
You agree that your comments will not infringe any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory, libelous, unlawful, abusive or obscene material, or contain any computer viruses or other harmful software that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone else, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.
SECTION 10: PERSONAL INFORMATION
Your submission of personal information through the Store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11: ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Service that, from time to time, contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order).
We undertake no obligation to update, modify or clarify information on the Service or any related website, including but not limited to pricing information, except as required by law. No update specified or update date applied on the Service or any related website shall be taken to indicate that all information on the Service or any related website has been modified or updated.
SECTION 12: PROHIBITED USES
In addition to the prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to post false or misleading information;
(g) upload or transmit viruses or any other harmful code that affects or may affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) spam, phish, pharm, pretext, spider, track or mine; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, or other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.
You expressly agree that your use of the service or inability to use the service is at your own risk. The service and all products and services delivered to you through the service (unless otherwise specified by us) are provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied. , including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall TinyPock, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to; loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the service or any product purchased through the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14: INDEMNIFICATION
You agree to indemnify, defend and hold harmless TinyPock and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, incurred by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party that you do so.
SECTION 15: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without such determination affecting the validity and enforceability of the remaining provisions.
SECTION 16: TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive termination of this agreement for all purposes.
These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgment you breach, or we suspect that you have breached, any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due, up to and including including the date of termination; and/or we may deny you access to our Services (or any part thereof) as a result.
SECTION 17: ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications or proposals , whether oral or written, between you and us (including, without limitation, prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be constructed against the drafting party.
SECTION 18: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and constructed in accordance with the laws of Concepcion Arenal, Elche, A, 03204, Spain.
SECTION 19: CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service or your access to any of these on an ongoing basis following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20: CONTACT INFORMATION
Questions about the Terms of Service should be sent to tinypockshop@gmail.com.