Welcome to the website of INDI ESSENCES S.L. The following terms and conditions (the “Terms and Conditions“) will govern the use of the website https://indiessences.com/ which will include, without limitation, the home page, the microsites, the splash page and any other pages of the same top-level domain name and all third-party websites that bear the INDI ESSENCES S.L. brand and all its content (from now on, the “Site“), as provided by the company registered in the Mercantile Registry of Madrid – Volume 32140, Folio 146, Sheet nº M-578391 and with registered office at C / Camino Cerro de Los Gamos, 1 Building 3 Floor 2, 28224 Pozuelo de Alarcón, Madrid.
INDI ESSENCES S.L. may modify the Terms and Conditions at any time and without prior notice, publishing such changes on the website. BY USING THE WEBSITE, USERS ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO COMPLY WITH THEM. If they disagree, they will not be able to access or use the website. The use of the website after the publication of any modification of the Terms and Conditions will imply the acceptance of such changes.
AGE REQUIRED TO USE THE WEBSITE
This website is intended exclusively for use (i) by persons of legal age to acquire and consume alcoholic beverages in their country of residence or, in case they access the website from a different country, in the country from which they make the access and (ii) in places where the sale, the consumption and advertising of alcoholic beverages are permitted.
To access or use the Website in any way, (i) you must be of the minimum legal age to purchase and consume alcoholic beverages in your country of residence or in the country from which you access (as applicable) and (ii) the sale, consumption and advertising of alcoholic beverages must be permitted in that place. Persons not of the legal age required to purchase and consume alcoholic beverages or who reside in territories where the sale, consumption or advertising of alcoholic beverages is not permitted may not use the website in any way.
SOCIAL MEDIA PLATFORMS AND PAGES LINKED TO THE WEB OR FROM THE WEB
The website may include links to social media platforms such as Facebook, Instagram, Twitter, Youtube, LinkedIn, Flickr, etc. (“Social Media Platforms”). As part of the services available on the website and their general use by users, they may follow the links to Social Media Platforms on the web, share the link of the web (or links with certain parts of it) on Social Media Platforms, upload to the website photographs or other content that are already stored on Social Media Platforms (provided that such photographs and contents are property of the user who makes the publication), identify third parties on the web by referring to their identities of Social Media Platforms (prior authorisation of such third parties) or make interactions between the web and the Social Media Platforms in any authorised way. In such cases, users agree to comply with these Terms and Conditions and the terms and conditions of the Social Media Platforms used. Please note that your use of the Social Media Platforms is governed by separate terms and conditions and privacy policies available on the applicable social media platforms.
Users declare and acknowledge that INDI ESSENCES S.L. will not be responsible for the accuracy or availability of the information provided by sites that may be linked to the web (the “Linked Sites“). Links to Linked Sites do not constitute any endorsement or association by us of such sites or their content, products, advertising or other materials presented therein. We are not the authors, editors or supervisors of such Linked Sites. Users represent and acknowledge that we will not be liable in any way, directly or indirectly, for damages or losses caused or allegedly caused in connection with the use of such content or the products or services available on such Linked Sites or for having relied on such content, products or services.
SERVICES AVAILABLE ON THE WEB
We will make certain services available to users through the website. Users will be able to view information about our products, watch movies and documentaries, stream or download music, tell their stories, upload their photographs, music or other content, and identify third parties in their stories, photos, music or other content, participate in contests, chat with other users, post comments on bulletin boards, download screensavers or other software, send branded material to friends, etc. (from now on, the “Services“, which will be part of the definition of “Site”).
We will not request or wish to receive confidential or secret information or material from users through the web through any of the Services, by email or by any other means. Information and materials submitted by users shall not be considered confidential or secret.
Users will be fully responsible for all information and materials they provide through the website, whether names, personal information, photographs, films, stories, music, ideas, creative concepts or other materials, information or data of any kind and in any format and any other content they publish on or through the website (from now on, “User Information“).
By sending User Information to the website, users declare and acknowledge that such information is their property and that no other person has rights over it or has obtained all the necessary authorisations and permissions to send the User Information to the website and to appear on it. Users agree that User Information will not include: content that infringes the rights of third parties, including, but not limited to, intellectual property rights, privacy rights, publicity, or other personal or proprietary rights; misleading or fraudulent content; illegal content; content that promotes excessive or irresponsible consumption of alcohol; content that is or could reasonably be considered to be defamatory, discriminatory, obscene, abusive, threatening, offensive or pornographic, or that incites hatred or violence or contains images of nudity or graphic or gratuitous violence or depicts any illegal activity; nor content that refers to ammunition, firearms or the sale of tobacco products. Users will exempt us from all liability for non-compliance with these obligations.
If we have been provided with User Information, we reserve the right to delay the publication of the same on the website at any time to carry out approval procedures. Likewise, we reserve the right to withdraw any User Information or content from the website at any time and for any reason. Due to our commitment to promoting a message of responsible consumption, we require our users to be sensible, responsible and considerate in their interaction with this website. We will track User Information and ensure that it complies with our corporate social responsibility policies. We will not allow any User Information that:
(a) shows persons who appear not to be of legal drinking age or who come from persons who are not of such minimum age;
b) shows any person, in images or videos associated with the act of consuming alcohol, who is not or does not appear to be over 25 years of age (N.B.: those persons who are between the legal age to finish in their countries of residence and 24 years may be shown as long as they do not appear in a context that associates them with the act of drinking alcohol, that is, there is no indication that they have just consumed, are consuming or are about to consume alcoholic beverages);
(c) promotes the purchase or consumption of alcoholic beverages to minors;
(d) encourages the illegal, irresponsible or excessive consumption of alcoholic beverages;
(e) promotes excessive consumption;
(f) condemns or criticises in any way any person who chooses not to drink alcohol;
(g) positively portrays irresponsible consumption or associates the act of consuming alcoholic beverages with the act of driving, operating any machinery or engaging in any kind of dangerous activity;
(h) suggests that the consumption of alcoholic beverages has physical, psychological or intellectual benefits;
(i) suggests that alcoholic beverages embolden, give confidence, or help overcome personal or social problems;
(j) suggests that the consumption of alcoholic beverages contributes to any success (for example, in the field of personal relationships, social success, popularity, work, sports or suggests that mental or physical performance can be improved);
(k) glorifies the strength of the alcohol, the relatively high alcohol content or the intoxicating effect of a beverage;
(l) relates alcohol consumption to any illegal, antisocial, dangerous, aggressive or violent behaviour;
By providing or submitting User Information to the Site or us, Users grant us a free, unlimited, worldwide, indefinite, irrevocable, non-exclusive. Fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or in part) worldwide and to incorporate it into other works in any format, supports or technologies currently known or that could be developed in the future. Users also declare that they have irrevocably waived any moral rights in the published materials in our favour.
Users should be aware that by voluntarily disclosing personal information (such as their usernames, email addresses or telephone numbers) on the website or in its public sections (for example, through comments, chats or bulletin boards), such information may be accessed by others, who may collect and use it, which could lead to the receipt of unsolicited messages sent by third parties. Visitors and users of the website are encouraged to exercise caution when providing personal information.
Use the website for music downloads or other purchase promotions where you are provided with a user identification code, password or additional information as part of our security procedures. You must treat such information as confidential and refrain from disclosing it to third parties. In our sole discretion, we reserve the right to deactivate any user identification code or password, whether chosen by users or assigned by us, at any time. Any downloading or streaming of music will be for the user’s personal and non-commercial use. Users agree that they will refrain from:
(a) copy, reproduce, “shoot”, record, make available to the public or otherwise use any part of the music downloads or transmissions or any part thereof in a manner not permitted under these Terms and Conditions;
(b) sell or attempt to sell any invitation to access music downloads or resell any code used to access the music download service;
(c) provide your identification code or use the unique identification code of any other person;
(d) reverse engineer, decompile, disassemble, modify or create derivative works from music downloads, music streams or any part thereof;
(e) circumvent any technology used by us, our licensors or any third party to protect content accessible through the website.
In addition to the above, users agree to make every effort to prevent unauthorised use of music downloads and streams. 13. To the extent permitted by law, we disclaim any liability for any loss and damage that users may experience due to the use or disclosure of User Information. This section will not affect your rights under privacy laws to protect your data.
INTELLECTUAL PROPERTY RIGHTS
About the relationship between users and us [including our affiliates, namely any associated company * at any time (from now on referred to as a “Partner Company”], we are the owners or authorised users of any trademarks and service marks displayed on the website, as well as the copyright holders or licensees of the content or information appearing on the website, unless otherwise specified. Except as provided herein, the use of the website does not grant users any license to any content, functionality or materials they may access through it. Any commercial use of the website is strictly prohibited except in the ways provided herein or as we could previously approve in writing. Users must refrain from downloading or saving copies of any content or screens unless provided in these Terms and Conditions or in the manner permitted on the website. Yes, they may print one (1) copy of information from the website exclusively for their personal use or their files. In the case of other website users other than those provided herein, copyright and other laws of the United Kingdom or other countries or territories may be infringed, and liability may be incurred for such unauthorised uses.
We do not grant any license or other authorisation to any user of our trademarks, service marks, copyrighted materials or other intellectual property through their inclusion on the web. Users accept and acknowledge that we may use any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that facilitate or communicate to the web.
Users acknowledge and agree that, about their use of the website, they must:
(a) provide you with your Internet access and pay any service fees associated with such access, and
(b) provide you with all equipment necessary for your access to and connection to the Internet, including, without limitation, a computer, software, modem, and means of contact or access to the Internet. We will not be responsible for any malfunctions, errors, falls or other adverse events that may occur due to your use of the website.
Users agree that, in their use of this website, no communication or information transmitted through it will be treated as confidential or secret.
In their use of the web, users undertake not to upload, post, transmit, distribute or publish in any way and through the web any material that:
(a) is protected by copyright or other proprietary or intellectual property rights, or derivative works, except as provided herein or without first obtaining our authorisation or that of the copyright holder;
(b) is unlawful, threatening, harassing, profane, illegal, criminal, defamatory, vulgar, obscene, libellous, misleading, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another person or a group of persons), invasive of the privacy of others, or incites hatred;
(c) restricts or inhibits the use of this website by third parties;
(d) constitutes or encourages conduct that could constitute an offence or give rise to civil liability, or
(e) contains viruses or other harmful components, advertising of any kind, or false or misleading indications of origin or de facto statements.
Users also guarantee and agree that they will refrain from:
(a) impersonate any other person or entity or distort your affiliation with any other person or entity;
(b) upload, post, publish, transmit, reproduce, distribute or otherwise exploit any information or material obtained through the Website for commercial purposes (except as expressly permitted by the provider of such information or material);
(c) spam is spamming to carry out flooding attacks;
(d) attempt to gain unauthorised access to other computer systems through the Website. Except as expressly authorised herein, users may not upload, hang, publish, reproduce, transmit or distribute in any way any component of the website itself, nor derivative works, since the website is protected by copyright as a collective work under the applicable laws on intellectual property.
We will have no obligation to monitor any content on the website and assume no responsibility in this regard. Users nevertheless represent and agree that we will retain the right to monitor the website and to disclose any information that may be necessary or adequate to comply with any law, regulation or another request of the authorities to operate the website properly or to ensure its protection and that of its users. We will not knowingly control or disclose any private email message unless required by law. We reserve the right to refuse to post and remove information or materials, in whole or in part, that, in our sole discretion, are unacceptable, objectionable, inappropriate or violate these Terms and Conditions.
Users agree to hold us and our directors, officers, employees, agents and affiliates harmless from and against any demands, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees and other legal costs that may arise from your website or the publication or transmission of any message, information, software or other materials through it.
DISCLAIMER OF WARRANTIES
The website, including but not limited to its content, functions and materials, are provided “as is”, without warranties of any kind, either express or implied, including, but not limited to, contracts relating to your information, data, data processing services or uninterrupted access; warranties regarding the availability, accuracy, usefulness or content of the information, and promises of title, non-infringement, merchantability or fitness for a particular purpose. We do not guarantee that the website or its functions, functionalities or content will be provided in a timely, secure, uninterrupted or error-free manner, nor do we ensure that any defects it may have will be remedied. We do not guarantee that the website meets users’ requirements. No advice, results or information, whether verbal or written that users may obtain through us or the web will generate any guarantee other than those expressly defined herein. If users are unsatisfied with the website, their only recourse will be to stop using it.
LIMITATION OF LIABILITY
To the extent permitted by law, neither we nor our directors, officers, employees, agents, affiliates or providers of content or services shall be liable under any circumstances for any indirect, special, incidental, consequential, exemplary or punitive damages or losses arising, directly or indirectly, from the use, or inability to use, the website or its content, materials or functions, including, but not limited to, loss of profits or loss of income, loss of anticipated profits or contracts, loss of anticipated savings, loss of data, loss of goodwill or loss of business, even if such persons have been advised of the possibility of such damage or loss. Some territories do not allow the limitation or exclusion of liability for accidental or consequential damages or losses, so some of the above limitations may not apply to certain users. We will not be responsible under any circumstances for any content posted, transmitted, exchanged or received by any user-specific person or others on their behalf through the web. Our total liability to users for any damages, losses and actions (in contract, for injuries or torts, including but not limited to negligence or otherwise) arising out of the terms and conditions or your use of the website shall in no way exceed the cumulative amount of GBP 100.
We control and operate the website from our offices in Spain. The laws of Spain will govern everything related to the website and these Terms and Conditions. All visitors and users of the website agree to submit to the exclusive jurisdiction of the Spanish courts.
The laws of Spain will apply to the use of the website. We do not warrant that the materials on the website are suitable for other locations or that they are available for all territories. All those who choose to access the website from other areas will do so on their initiative and will be responsible for compliance with local legislation to the extent that local laws are applicable.
MODIFICATIONS OF THE WEB
We reserve the right, for any reason and in our sole discretion, to terminate, change, suspend or desist from any aspect of the website, including content, functionalities or availability schedules. Likewise, we may impose limits on certain website functionalities or restrict users’ access to all or part of the website without prior notice or sanction.
AGENT DESIGNATED UNDER COPYRIGHT LAWS
We respect the intellectual property rights of third parties and require those who use the website to do the same with ours. Anyone who believes that their works have been copied in violation of their copyright must send the following information in writing (including by email) to the Designated Agent, specified below:
Your address, telephone number and email address;
Outer Consulting Spain S.L.
Cerro de Los Gamos Business Park, Building 3, Floor 2
Camino Cerro de los Gamos, 1
28224, Pozuelo de Alarcón, Madrid
A description of the copyrighted work and subject to the claim of infringement;
A description of where on the website the allegedly infringing material is located;
A statement that the contested use is considered to be in good faith and not properly authorised by the copyright owner, its agent or the law;
An electronic or physical signature of the person authorised to intervene on behalf of the copyright holder; and
A personal statement in which you declare, under penalty of committing an offence for false testimony, that the above information provided is accurate and that you are the copyright holder or are authorised to intervene on your behalf.