Terms of Service

Terms of use of the website

 

  1. Identification of the website responsible

 

Holder: actiMirror, S.L. (en adelante, "actiMirror").

NIF: B40642936

Address: Marina de Valencia, Edificio Lanzadera. C/ Muelle de la Aduana s/n, 46024 Valencia (España).

Public Registry: Registro Mercantil de Valencia en el Tomo 10.792 folio 107, Hoja V-191.735 inscripción 1ª.

Email: hello@thelunna.com

"LUNNA" is a registered trademark owned by the actiMirror group.

  1. Object

These terms of use (hereinafter, the "Terms of Use", or the "Terms") govern the rights and obligations of actiMirror  and users in relation to the access, navigation and use of this Website, without prejudice to the provider's reservation the right to modify, without prior notice, the content thereof. In any case, the user's access to the Website once such modification takes place implies acceptance of the Terms and the modifications introduced by the user.

However, access to certain content and use of certain services may be subject to certain conditions, which will in any case be clearly shown, and must be accepted expressly and in advance by users. These conditions may replace, supplement or, where appropriate, modify these Terms of Use.

In this sense, and without prejudice to the provisions of these Terms of Use, the contracting of any product and / or payment service offered by the provider will be regulated by the general and / or particular conditions of each specific service provided for this purpose.

For the purposes of the interpretation of these Terms of Use, we understand that a person becomes a user at the time he accepts the Terms of Use and the Privacy Policy, as well as the rest of the legal texts and policies of use that are accessible from the Website, sufficient navigation by the user to understand that the user accepts them in a conscious and informed way.

  1. Access and registration on the website

 

Access to most of the contents of the Website is completely free and does not require prior registration, without prejudice to the fact that there may be particular sections or services that require prior registration, and where appropriate may involve the payment of economic amounts. In the latter case the user will be informed in advance, having to accept the corresponding conditions of contracting said service.

Access to the Website by minors is prohibited. However, in the event of access to the Website and registration by a minor, it will be presumed that such access has been made with prior and express authorization of their parents, guardians or legal representatives, without prejudice to the provider's reservation the right to carry out any checks and checks it deems appropriate.

Under no circumstances will the provider be responsible for the veracity of the registration data provided by the users, so each of these will be solely responsible for making the information provided to actiMirror adequate, and accurate or, otherwise, the possible consequences that may arise from the lack of quality of the data.

3.1 Requirements to register as a user

In order to carry out the purchase of products and / or services made available to users, it is necessary that they register in advance, providing through the forms arranged for this purpose, at least, the registration data that are required as mandatory.

It is a requirement to register as a user to be over eighteen (18) years of age and to provide through the Website all the information required as mandatory. The registered user assumes that his user account is personal and non-transferable, being able to register on the Website both natural persons and legal persons.

Every registered user will have an access password, which will in any case be personal, non-transferable, will have a limited temporary validity. This password must meet minimum length and security requirements. The user may modify or recover such password at any time, following the procedure provided on the Website. In no case actiMirror will have direct access to such password except for the provision of the service of access to the Website to users. This password will remain on the encrypted actiMirror systems, to ensure its preservation and prevent unauthorized access by third parties.

Pursuant to the foregoing, it is the user's obligation to immediately notify actiMirror of any event that allows the misuse of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. Until such facts are reported, the provider shall be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.

3.2 Unsubscribe as registered user

The user can, at any time, request his/her download of the Website, sufficient to process it through the section enabled for this purpose in the section "My Account" available on the Website.

In any case, once the registration has been made, the user may request a new registration, being safe the power of the provider not to admit such registration in the specific cases specified in the clause called "Rules of Use of the Website", or in case of conflict or controversy raised between the parties, that is about to be resolved or that has ended with recognition of fault or negligence of the user and / or harm to the Provider, its collaborators and associates or its users, customers or customers.

  1. Derechos de propiedad intelectual e industrial
  2. Intellectual and industrial property rights

The provider owns or, where applicable, has the corresponding licenses on the rights of exploitation of intellectual and industrial property over the design and programming of the Website, as well as all the contents offered therein, including, but not limited to, the platform itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content available through it.

In no case shall it be understood that the access, navigation and use of the Website by the user or the use, acquisition and / or contracting of products or services offered through it implies waiver, transmission, license or transfer of all or part of these rights by the provider in favor of the user. The user has a right to use the contents and/or services of the Website within a strictly domestic scope, for access and navigation through the Website, and only for the purpose of enjoying the services provided in accordance with these Terms of Use.

References to registered trademarks or trade names, or other distinctive signs, whether owned by the provider or third parties, implicitly prohibit their use without the express written consent of the provider, or its legitimate owners. At no time, unless expressly stated to the contrary, the access, navigation or use of the Website and/or its contents confers on the user any right over the distinctive signs, content or services included in it.

All intellectual and industrial property rights in the contents and/or services of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for public or commercial purposes, if it is not authorized in advance, express and in writing by the provider or, where applicable, the owner of the corresponding rights.

Likewise, it is forbidden to delete or manipulate the indications of copyright or other credits that identify the right holders of the contents that the user finds on the Website, as well as the technical protection devices, fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.

In the event that the user sends information of any kind to the Provider through any of the channels enabled for this purpose, the user declares, warrants and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual property rights, industrial, trade secret or any other rights of third parties, and that such information is not confidential or cause any harm to third parties , assuming otherwise all possible responsibilities arising.

If the user becomes aware of the existence of any content that is unlawful, illegal, contrary to the law or that could constitute an infringement of intellectual and/or industrial property rights, he/she must immediately notify the Provider through the email address hello@thelunna.com, in order to provider can proceed with appropriate action.

Likewise, in the event that any user or a third party considers that any of the contents of the Website owned by actiMirror infringes their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to hello@thelunna.com with  the following information:

  • Identification data and means of contact of the claimant or his/her legal representative.
  • Documentation proving your status as the owner of the rights allegedly infringed.
  • Detailed account of the rights allegedly infringed by the provider, as well as their exact location within the Website.
  • Express statement by the complainant that the use of the contents has been made
  1. Applicable conditions on links 

5.1 Links to other websites

In the event that on the Website includes links to other web pages through buttons, links, banners or embedded content, the provider informs that these are directly managed by third parties, not having the provider or human or technical means to know in advance and / or control and / or approve all the information, contents, products or services provided by other platforms to which links can be established from the Website.

Consequently, actiMirror will not be liable for any aspect relating to the platform or website to which a link could be established from the Website, in particular, by way of example and not limited to, about its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

In this sense, if users have effective knowledge that the activities carried out through these third-party websites are illegal, and/or contravene morality and/or public order, they must immediately inform the Provider in order to disable the link of access to them, an action that will be carried out in the shortest possible time from the moment the Provider becomes aware of this circumstance.

In any case, the establishment of any type of link from the Website to another third party website will not imply that there is any kind of relationship, collaboration or dependence between the provider and the person responsible for such third party website.

5.2 Links to other platforms responsibility for ActiMirror

The Provider makes available to users links that allow access to the channels and pages of the Website that the provider maintains on different platforms and social networks owned and / or managed by third parties (Facebook, Twitter and YouTube, among others), from which it carries out the publication of information, as well as the promotion of products and / or services.

In no case will the Provider share with Facebook, Twitter, or any other social network that incorporates in the future any type of private information of its users, limiting only the information published to information of actiMirror and its products and / or services. In this sense, all the information that the user wishes to provide, or publish on these platforms outside the website of actiMirror, will be at his own risk, not intervening the provider in such process.

The activation and use of these applications may entail the need for the user to identify and authenticate with their user and password, and if applicable to expressly accept the legal conditions associated with it. By accessing such external networks, the user enters an environment outside the actiMirror Website, and therefore knows and accepts that he acts in this regard under his sole responsibility.

 

For this reason, the user should exercise extreme caution in the assessment and use of the information, content and services existing in the linked channels, and on the information of their own or third parties that they want to share in those channels.

  1. Links on other websites to the website

All users may establish links on their respective web pages that direct to the Website, provided that they comply with the following conditions:

  • The link may not reproduce the content of the Website or parts thereof, unless it is made under the systems made available by actiMirror.
  • It is not allowed to use "frames" or systems that allow to create a “browser", or a "border environment" on the sections of the Website, which allow access to the content of the same from other websites or, where appropriate, modify the appearance of the Website for the user.
  • It is not permitted to make false or inaccurate or incorrect statements or indications about the Website and/or, in particular, to declare or imply that the provider has authorized a particular link, or that it has supervised or assumed in any way the contents or services offered or made available on the website on which such link is established.
  • The website on which the link to the Website is established will not contain illegal information or content, contrary to generally accepted morals and good customs and public order, nor will it contain content contrary to any rights of third parties, including intellectual and industrial property rights and/or the right to honor, personal or family privacy or self-image or any other right, or content contrary to the rules governing the protection of personal data.

The provider does not have human, technical or technical means to know, control or approve all the information, content, products, or services provided by other websites that have established links to the Website. The provider assumes no responsibility for any aspect relating to the website that establishes that link to the Website, in particular, by way of example and without limitation, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

  1. Website Terms of Use

actiMirror states that it is not permitted and, therefore, its consequences will be the sole responsibility of the user, access or use of the Website for illegal or unauthorized purposes, for or without economic purpose. In particular, and without the following list being of an absolute nature, it is prohibited:

  • Use the Website in a manner that may cause damage, interruptions, inefficiencies, or defects in its operation or in the computer systems of any third party or, where applicable, actiMirror.
  • Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files.
  • Use the Website to collect personal data from other users.
  • Use the Website illegally, against good faith, morality, and public order.
  • Register through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users about the identity of the origin of a message.
  • Unauthorized access to any section of the Website, other systems or networks connected to the Website, any provider's server, or the services offered through the Website, through hacking or forgery, password extraction or any other illegitimate means.
  • Violate, or attempt to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website.
  • Take any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the provider, as well as in the systems and networks connected to the Website.
  • Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or otherwise, the access, participation or operation of them, or by misrepresenting the result thereof and/or using fraudulent methods of participation, through any procedure, and/or through any practice that violates or violates in any way the present Terms of Use.

 

Failure to comply with any of the above obligations by the user may entail the adoption by the Provider of the appropriate measures armed by law and in the exercise of its rights or obligations, and may lead to the deletion or blocking of the account of the infringing user, without any possibility of compensation for the damages caused.

  1. Responsibilities and warranties

The Provider cannot guarantee the reliability, usefulness, or veracity of absolutely all the information and / or services of the Website, nor of the usefulness or veracity of the documentation made available through it.

Consequently, the provider does not guarantee:

  • The continuity of the contents of the Website.
  • The absence of errors in such content.
  • The invulnerability, from the point of view of security, of the Website and/or the impossibility of violating the security measures adopted therein.
  • Lack of usefulness or performance of the contents of the Website.
  • And any person who violates the conditions, rules, and instructions that the provider establishes on the Website or through the breach of the security systems of the Website

 

However, the provider declares that it has taken all the necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Website and to minimize system errors and ensure the highest level of security of users, both from the technical point of view and the content published on the Website.

The provider cannot guarantee the legality, reliability and usefulness of the contents provided by third parties through the Website, guaranteeing it only with respect to the contents published by actiMirror. If the user becomes aware of the existence of any illegal, illegal, contrary to laws or that could constitute an infringement of the rights of third parties, he must notify the provider immediately so that the provider can proceed with the appropriate measures.

In any case, the provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, accommodation and / or download the content and / or use of services of the Website, with or without prior notice, to users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the user to demand any compensation for this cause.

In the event that the user fails to comply with these Terms of Use, the Provider may suspend or cancel his user account automatically and without prior notice, and in no case such suspension or cancellation would entitle the user to any compensation.

For this purpose, the Provider informs that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any violation of current legislation or if it suspects the commission of any crime.

 

  1. Data protection
  2. Applicable Law and competent jurisdiction

The parties expressly agree that this contract shall be governed by and construed, in all its terms and conditions, in accordance with current Spanish law, except for operations outside the E.U., in which case the legislation in force in Hong Kong will apply.

The parties expressly submit, for any questions or divergences that may arise by reason of the interpretation, performance and performance of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the domicile of the buyer or to those of the place of performance of the contractual obligation.

To file claims in the use of our services, you can contact the e-mail or physical address indicated in the "Identification" section, committing us to always seek an amicable solution to the conflict.

 

Last updated: May 2020



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