TERMS, CONDITIONS OF USE, AND LEGAL NOTICE OF THE
Dear User:
Welcome to the EMOTIVA LLC company website (hereinafter “EMOTIVA”). By accessing the website, the user fully accepts these conditions. EMOTIVA reserves the right to modify the conditions at any time, and the user is responsible for reviewing them periodically. The user must use the website properly and in accordance with the law. Any breach of these conditions may result in liabilities for both the user and EMOTIVA.
ACCESS AND USE CONDITIONS
Access and use of the website and its informational services are free, but some products and services require form completion and prior payment. The user must ensure the authenticity of the provided data and agrees to use the content and services appropriately, avoiding the dissemination of illegal or harmful content. Additionally, the introduction of computer viruses and any action that violates intellectual property rights or industrial property is prohibited. Likewise, identity theft, data collection for advertising purposes without consent, and any act considered inappropriate or illegal under applicable law are prohibited.
LIABILITY AND EXCLUSION OF WARRANTIES
EMOTIVA provides general information on its website for informational purposes only, without guaranteeing full accessibility, timeliness, accuracy, or usefulness of the content. Due to the nature of the Internet, EMOTIVA cannot guarantee the absence of third-party interference in the website’s content. The company excludes any liability for damages arising from the inability to access the website, the lack of truth or updating of the content, the presence of viruses or other elements that may affect users’ computer systems, or the misuse of the website by the user. The user agrees to defend and indemnify EMOTIVA for any claim or damage arising from their use of the website or the content provided by the user.
PRIVACY POLICY OF PERSONAL DATA
EMOTIVA’s privacy policy states that the company may request personal information from users of its website voluntarily. This information includes data such as name, identification, address, email, and phone number. EMOTIVA undertakes to treat this data confidentially and only for the purposes requested by the user, complying with data protection laws. The company will not share the data with third parties without the user’s consent and agrees to correct or delete any inaccurate or unnecessary information. Security measures have been implemented to protect personal data from unauthorized access. EMOTIVA may use cookies, but users can configure their browsers to block them. Completing contact forms is not mandatory to be a website user, but by doing so, the user agrees to receive relevant information via email, with the option to unsubscribe at any time.
INTELLECTUAL PROPERTY RIGHTS
The website www.emotiva.co and its content are the exclusive property of EMOTIVA and are protected by copyright laws of Colombia and the Andean Community, as well as by international treaties. All content, including texts, images, software, and graphic design, is owned by EMOTIVA. The user acknowledges that the intellectual property rights to the website’s content belong to EMOTIVA and does not acquire any additional rights beyond those expressly established in the terms of use. Trademarks and distinctive signs on the website are the exclusive property of EMOTIVA, and the user agrees not to use them in a way that may cause confusion or harm to the company. Any violation of the website’s terms of use must be reported to EMOTIVA for appropriate action.
INFORMATION AND THIRD-PARTY WEBSITES
The website may offer hyperlinks or access to web pages and content of other individuals or entities. EMOTIVA does not control, endorse, or guarantee the content included on such pages. The user agrees that EMOTIVA is not responsible for any content, associated link, resource, or service related to a third-party website. Likewise, the user agrees that EMOTIVA will not be liable for any loss or damage of any kind resulting from the use of third-party content. Links and access to web pages are provided solely for the user’s convenience. Establishing a link to another company, entity, or program’s website does not necessarily imply the existence of a relationship between EMOTIVA and the linked website’s owner, nor does it imply EMOTIVA’s acceptance or approval of its content or services. Those intending to establish a link will ensure that it only allows access to the start of the website and will refrain from making false, inaccurate, or illegal statements about EMOTIVA and/or its subsidiaries or including illicit content or content contrary to good customs and public order. Additionally, EMOTIVA is not responsible for information outside this website that is not managed directly by the www.emotiva.co site administrator. The purpose of the links on the website is to inform the user about other sources that may expand the website’s content or are related to it. EMOTIVA does not guarantee or accept responsibility for the operation or accessibility of linked web pages, nor does it suggest, invite, or recommend visiting them, and therefore will not be responsible for the outcome.
ACTIONS IN CASE OF NON-COMPLIANCE
EMOTIVA reserves the right to take all legal and/or administrative actions available to enforce the liabilities resulting from a user’s failure to comply with any of the provisions of these General Terms of Use of the website.
DURATION AND TERMINATION
The provision of the website’s services and other services is initially indefinite, but EMOTIVA has the authority to terminate or suspend them at any time, with or without prior notice. Whenever possible, EMOTIVA will provide advance notice of the termination or suspension of services.
APPLICABLE LAW AND JURISDICTION
This website and its use are governed by the laws of the state of Florida, United States, without regard to its conflicts of legal principles. Any dispute arising from or related to the use of this website shall be subject to the exclusive jurisdiction of the federal or state courts located within the state of Florida, United States. By accessing and using this website, you agree to submit to the jurisdiction of such courts.
NOTIFICATIONS
All communications between the User and EMOTIVA will be valid if made by email. The User can communicate with EMOTIVA by sending their requests virtually through the “TALK TO US” button on the website or by email to [email protected].