Terms and Conditons
Vudoir Hub, S.L. (“VUDOIR”, “we”, or “our”) provides the website located at www.vudoir.com including the mobile version of the website and landing page, (collectively, the “Site”); software we make available through the Site (if any) (“Site Software”); and software we make available for mobile devices (e.g., an iPhone or Android application) (“Mobile Software”) (collectively, the “Service”). The Service may allow users to create and share content (images, video & text) to the Vudoir network for immediate feedback currently from 5 minutes to 7 days for voting and with no limited time for commenting and any other feature, advice and opinions to help users make decisions about what to wear for a certain occasion or event.
VUDOIR is a Spanish company with registered office at Plaça Lesseps 33, Building A, attic 1, 08023 Barcelona (Spain), with fiscal identification number B66469693 and registered with the Commercial Registry of Barcelona, in Volume 44899, Sheet B-470754, Folio 17.
If you wish to communicate with VUDOIR, you may contact us at the following email address: [email protected]
1.1 Account Creation
In order to use certain features of the Service, you must register for an account with VUDOIR (“Account”), either providing certain information about yourself as prompted by the Service registration form or using your Facebook or Twitter account or any other option offered from time to time additionally to those ones or replacing them. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Service. VUDOIR may suspend or terminate your Account in accordance with Section 8. If we reasonably believe your account name violates this Agreement, we reserve the right to modify or delete your Account name or suspend or terminate your Account, and also any content published by you.
In case you use a social network mentioned above, you authorize VUDOIR to access and use certain information depending on the privacy settings that you have selected in the corresponding social network.
If you are a minor 14 years old, you need the permission of your legal representatives in order to use the Service. In this case, the legal representative is liable for any acts committed by the minor. Please, if you are a minor and you do not have your legal representative’ permission, stop using the Website and immediately stop using the Application. In the event that the information you provide in this regard is not truthful, VUDOIR shall not be liable as it cannot certainty verify the age of the Users.
VUDOIR may contact you at any time requiring you to prove your age using a photocopy of an identity card or equivalent or requesting you to indicate your birthday date or requiring you to prove you have the permission of your legal representatives. If you deny providing identification, VUDOIR reserves the right to close your user profile and you will not be able to continue using the service or the Application.
For commercial transaction in which a payment is needed from the user, you need to be over 18 years old at least or 16 if you are emancipated according to the Spanish Civil Law or any other law or regulation that may be applicable from time to time. In this case, your legal representative needs to authorize the transaction. The limits, responsibilities and consequences above-mentioned shall apply in this case.
1.3 Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are solely responsible for all activities that occur under your Account. You may not use another user’s Account or allow another user to use your Account unless otherwise stated by written. In this regard, some users may authorize Vudoir by written to create and use an account in their name and behalf with the limit of executing commercial transactions in which a payment is requested from the user. You agree to immediately notify VUDOIR of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. VUDOIR is not liable for any loss or damage arising from your failure to comply with the above requirements.
Subject to the terms of this Agreement, VUDOIR grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (i) use the Site solely for your personal, non-commercial purposes unless otherwise agreed with Vudoir; (ii) install and use the Site Software (if VUDOIR makes any available), solely on your own computer and solely for your personal, non-commercial purposes; and (iii) install and use all other Mobile Software (i.e., other than Apple Apps), solely on your own handheld mobile device (e.g., Android, etc.) and solely for your personal, non-commercial purposes. Your use of any Mobile Software obtained from Apple’s App Store (“Apple App“) is governed by Apple’s License Application End User License Agreement (“Apple Agreement“). For the avoidance of doubt, your use of the Service (other than the Apple App) is governed by this Agreement and if any term in this Agreement is inconsistent with the Apple Agreement, the terms of this Agreement will control, but only with respect to the Services (other than the Apple App). Any reference done to App Store and Apple shall be understood to apply also to Google Play, mutatis mutandis.
2.2 Certain Restrictions
(a) The rights granted to you in this Agreement are subject to the following restrictions: (1) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; (2) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service (including the Site Software and Mobile Software); (3) you shall not access the Service in order to build a similar or competitive service; and (4) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on any Service content must be retained on any copies. (b) In addition, you agree not to use the Service to: (1) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (2) upload, transmit, or distribute any User Content that that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of a third party; (3) harvest, store, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (4) use automated systems (e.g., robots, spiders) on the Service, (5) interfere with or attempt to gain unauthorized access (through password mining or other means) to servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (6) grant internet search operators permission to crawl, cache, or archive the Service; or (7) harass or interfere with another user’s use and enjoyment of the Service; (8) upload, post or otherwise transmit via the Service Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to VUDOIR or other Users of the Service; (b) includes unauthorized disclosure of personal information. VUDOIR reserves the right to edit or remove Content that violates these Terms and Conditions or that contains third-party commercial advertisements. Since Vudoir intends to be an app for lifestyle decisions, the above-mentioned rights shall apply as well in case the content do not fit with the goal of the app under the sole criteria of Vudoir. The same shall apply in case one user publishes more than once the same pictures in order to keep the quality of the content of the app.
VUDOIR reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof (including modifying any URL link across the Site) with or without notice. You agree that VUDOIR will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof. Any future release, update, or other addition to functionality of the Service shall be subject to the terms of this Agreement.
3. User Content
3.1 About User Content
“User Content” means any and all information and content, including, but not limited to, images, photos, videos, comments and opinions, that the user uses with the Service (including uploading, submitting, or transmitting to the Service). You are solely responsible for your User Content. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by VUDOIR. Because you alone are responsible for your User Content (and not VUDOIR), you may expose yourself to liability if, for example, your User Content violates this Agreement. VUDOIR is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content.
By using the Service, you acknowledge and accept that VUDOIR and other Users may share your User Content in other social networks. Nevertheless, if you prefer not to share your User Content in other social networks, you may select that option in the Service settings.
By using your User Content with the Service, you automatically grant, and you represent and warrant that you have the right to grant, to VUDOIR an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, exploit, distribute, publicly display and publicly perform, prepare derivative works of, incorporate into other works, adapt, modify, and otherwise use your User Content, and to grant sublicenses of the foregoing. Such license shall be deemed to be granted for the maximum period allowed by the Spanish Intellectual Property Law.
You acknowledge and agree that VUDOIR may display advertisements, product and service offers and deals, and other information with your User Content and that you are not entitled to any compensation for such advertisements.
3.3 Copyright Policy
VUDOIR respects the intellectual property of others and asks that users of our Service do the same. Please review our copyright policy. The Copyright Policy is a part of, and hereby incorporated by reference into, this Agreement.
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content and/or terminating your Account in accordance with Section 8) for any reason, including if you violate the Community Guidelines or any other provision of this Agreement or otherwise create liability for us or any other person. Without limiting the foregoing, we reserve the right to terminate this Agreement with any user who repeatedly infringes third party copyright rights.
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service (including the Site, Site Software, and Mobile Software) are owned by VUDOIR or VUDOIR’s licensors. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. VUDOIR and its suppliers reserve all rights not granted in this Agreement.
If you provide feedback regarding the Service to us, we may use such feedback for any purpose. VUDOIR will treat any feedback you provide as non-confidential and non-proprietary. Thus, in the absence of a written agreement with VUDOIR to the contrary, you agree that you will not submit to VUDOIR any information or ideas that you consider to be confidential or proprietary.
5. Third Parties
5.1 App Stores
5.2 Third Party Sites & Ads
5.3 Other Users
Each Site user is solely responsible for any and all of its User Content. User Content is not under the control of VUDOIR and VUDOIR is not responsible for any User Content. VUDOIR provides User Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the User Content. You use all User Content at your own risk. Your interactions with other Site users are solely between you and such user. If there is a dispute between you and any Site user, VUDOIR is under no obligation to become involved. You agree that VUDOIR will not be responsible for any liability, loss, or damage incurred as the result of any such interactions.
If you detect User Content on the Service that you believe violates our terms and conditions, please report it to VUDOIR. Once you have submitted your report, VUDOIR will review the reported account and/or User Content. If we determine that the account and/or the User Content are in violation of our terms and conditions, we will delete the reported content or permanently suspend the User account.
You hereby irrevocably and unconditionally release and forever discharge VUDOIR (and our officers, employees, agents, successors, and assigns) from, and hereby waive, any and all past, present and future claims, demands, and rights of action, whether known or unknown, which arise from or relate to Third Party Sites & Ads, App Stores and/or other Users.
You agree to indemnify and hold us (and our officers, employees, agents, successors, and assigns) harmless, from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to (i) your use of the Service, (ii) your User Content, or (iii) your violation of this Agreement.
6. Warranty Disclaimers
To the maximum extent permitted by applicable law, the service is provided “as is,” and we make no (and hereby disclaims all) warranties, representations, or conditions, whether written, oral, express, implied or statutory, including, without limitation, any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose, with respect to the use, misuse, or inability to use the service (in whole or in part). We do not warrant that all errors can be corrected, or that operation of the service shall be uninterrupted or error-free. The service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, technology failures or other damages resulting from such problems.
7. Limitation on Liability
To the extent legally permitted under applicable law, in no event shall we, or our suppliers, be liable to you for any special, indirect, incidental or consequential damages, including damages or costs due to loss of profits, data, use or goodwill, personal or property damage resulting from or in connection with this agreement or the use, misuse, or inability to use the service, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if we have been notified of the likelihood of such damages. In no event shall we be liable for procurement costs of substitute products or services. The maximum liability of vudoir arising out of or in any way connected to this agreement or the service shall not exceed 50€. The existence of one or more claims under these terms will not increase our liability. In no event shall our suppliers have any liability arising out of or in any way connected to this agreement or the services. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
8. Term and Termination
This Agreement will remain in full force and effect while you use the Service, unless terminated as described below. We may suspend your rights to use the Service or terminate this Agreement, at any time, for any reason, at our sole discretion, including if you violate this Agreement. Upon termination of this Agreement, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account involves deletion of your User Content contained in our Vudoir databases and we will have no liability in connection therewith. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2, 4 – 9.
9.1 Changes to Terms and Conditions
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of reaching to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the legislation of Spain. You and VUDOIR agree to submit any dispute that might arise out of or relating to this Terms and Conditions to the Courts of Barcelona or to the applicable jurisdiction in case of contracting with consumers.
9.3 Entire Agreement
This Agreement (including the Copyright policy) constitutes the entire agreement between you and VUDOIR regarding the use of the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to VUDOIR is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without VUDOIR’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
9.4 Copyright/Trademark Information
All rights reserved. All trademarks, logos and service marks (“Marks“) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
If you have any question about Vudoir's T&C please contact us at [email protected]