Creative resources from professionals to professionals

Terms and conditions

This web site is property of “howerest”, with kvk: 62770748 and official address for tax/fiscal purposes in “Pieter Cornelis Hoofstraat 122-1, 1071CD, Amsterdam (Netherlands)” (hereafter referred as BRINGMOTION).

The access to this website is through the domain www.bringmotion.com, with property of BRINGMOTION, through gate 80 and http protocol.

Purpose

The current LEGAL STATEMENT, or documents referred to in it (hereafter LEGAL STATEMENT), have the purpose to regulate terms and conditions under which the user (hereafter USER) will use this WEBSITE, the services provided, contents available as well as the use of this WEB SITE (hereafter WEBSITE).

Definitions

  • “WEBSITE”: refers to the web application through which the USER has access to the information and services provided by BRINGMOTION.
  • “WORK/ITEM”: refers to an artistic creation developed by an AUTHOR and over which BRINGMOTION issues USER's LICENSES through the WEBSITE.
  • “USER LICENSE”: refers to the document that allows the USER to use a WORK/ITEM.
  • “AUTHOR”: refers to the person who had created a work/item over which USER's LICENSES are sold in the WEBSITE and who receives a royalty for the sale of the USER LICENSE.
  • “USER”: refers to the person or company who uses the WEBSITE.
  • “MEMBER”: refers to the person who sends to another individual the WEBSITE and who receives a sales commission for each referred sale.
  • “TPVs”:refers to payment gateway which is used by BRINGMOTION to get the USERS payments.

USER's Account

The USER, at the moment registered in the WEBSITE, warrants BRINGMOTION:

  1. 1. The responsibility for the truthfulness of the information provided in the account, either own or from a company which legally represents.
  2. 2. The account will not be transferred, neither the WEBSITE will be allowed to use by third parties.
  3. 3. The acceptance without reserve or limitation whatsoever of the terms and conditions of the WEBSITE.

Users Licenses

BRINGMOTION is a WEBSITE at the USER's disposal, from where the USER can buy USER's LICENSES available at the WEBSITE BRINGMOTION which issues and commercialize these USER's LICENSES.

It is offered through the WEBSITE three types of available USER's LICENSES. Each of them has particular terms and conditions. Each kind could have different versions, and on each version of a USER's LICENSE terms and conditons are modified.

When the USER buys a USER's LICENSE in the WEBSITE, the USER accepts, besides the terms and conditions exposed in this LEGAL DOCUMENTATION, the particular terms and conditions of the USER's LICENSE.

The USER's LICENSES acquired will not be modified, excluding the USER's LICENSES revocations in agreement with that established in the “reimbursement policy” and in the own USER's LICENSES terms.

The USER understands and agrees that the WORK/ITEM USER's LICENSES available through the WEBSITE are non exclusive and they extend to a sole individual or company which cannot transfer the rights to third parties.

The available USER's LICENSES can be read at any moment by the USER through the following links:

Contents Legitimacy

BRINGMOTION declares the ownership of legally signed valid agreements with its contents providers (hereafter AUTHORS), who qualified it for the comercialization of the USER's LICENSES available through the WEBSITE.

Contents' Download

The USER, when buying a USER's LICENSE, will have the right to download the file/s of the WORK/ITEM from the USER's LICENSE a maximum of three times.

If the USER would need to download the file/s of a WORK/ITEM more than three times, the USER could request it to BRINGMOTION. The WORK/ITEM following download could have a cost for the USER, which will be notified by BRINGMOTION to the USER and who should accept it. If the USER would not accept the cost of following downloads, the USER will lose the right to download the WORK/ITEM file/s later on.

The USER is responsible for keeping a copy of the licensed contents and preventing this contents to be accesible or copied by third parties, except in those cases where the USER's LICENSE acquired by the USER allows it.

Payment Method

The USER could pay for BRINGMOTION services through Paypal, an extern payment method which will allow the USER to make payments to BRINGMOTION, either with a credit card or by Paypal balance.

BRINGMOTION does not acced neither keeps credit card USER's data.

At the moment when the USER makes an order payment, the WEBSITE will be redirected to a safe website (https) which is neither property or responsibility of BRINGMOTION.

During the payment process of an order, the USER and BRINGMOTION communicate with TPVs. These TPVs are property of external companies to BRINGMOTION and the USER accepts the terms and conditons of the mentioned TPVs.

Compulsory Notifications

The USER accepts to receive compulsory notifications by e-mail with the following purposes:

1. Activating the USER's account in the WEBSITE.

2. Changing the USER's account's password in the WEBSITE.

3. Receiving the order confirmation, invoice and user licenses.

4. Informing the USER about changes in the terms and conditions of the WEBSITE LEGAL STATEMENT or in te USER's LICENSES available in the WEBSITE.

Hyperlinks

In the WEBSITE third parties web pages are referred, which are owned and managed by external companies, and therefore are not BRINGMOTION's responsibilites. BRINGMOTION is exempted from any responsibility due to the use by the USER of those websites referred to in the WEBSITE.

The USER can interlink freely the WEBSITE, except from direct links to images files and videos.

Newsletter subscription

By creating an account in BringMotion the USER accepts to subscribe to the BringMotion's newsletter. This newsletter is intended to improve the USER experience with BringMotion. The USER can unsubscribe from the newsletter at any time if he consider it and without any notice by clicking in a link available at the bottom of the emails he receives.

Cookies

This WEBSITE uses “cookies”, which are text files placed in your computer in order to help BRINGMOTION to analyze the use of the WEBSITE by the USERS, and also to allow certain funcionalities within the WEBSITE.

This website uses Google Analytics, an anlytical web service provided by Google Inc., a Delaware company which main office is set in 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (“Google”). Google Analytics uses “cookies” through the WEBSITE.

The information generated by the cookie when the WEBSITE's use (including your Ipdirection) will be directly transmited and storaged by Google within the USA servers. Google will use this information on BRINGMOTION behalf with the purpose of tracking its use within the WEBSITE, compiling particulars of the WEBSITE activity and providing another services related with the WEBSITE activity and the Internet use.

Google could transmit this information to third parties when the legisation requires it, or when those third parties process the information on Google's own. Google will not associate your IP adress with any other data which Google does not have. The USER can reject the data processing or the information by rejecting the use of cookies which can be done selecting the appropiate configuration in the Internet browser. However, the USER must know that if done so, the WEBSITE might not run with its full funcionality.

When using this WEBSITE, the USER consents to the information treatment in the way and to the purposes exposed above.

Data compilation

The USER accepts the data compilation by BRINGMOTION through the WEBSITE with the purpose of ensure compliance with the activity that BRINGMOTION makes through the WEBSITE according to the regulations currently in force. BRINGMOTION could compile:

  • Full name or company name, tax adress, email, password and billing adress.
  • USER's carts, finished or not.
  • Orders made by the USER.
  • USER's payment information.
  • User licenses and bills issued to the USER.
  • Comments made by the USER in the WEBSITE.
  • Actions done by the USER through the WEBSITE (including the IP number).

In case the USERS are BRINGMOTION AUTHORS, it could also storage:

  1. Bank account or Paypal account to the reception of royalties payments.

Public user data

The USER accepts that the user name or nickname will be publically displayed in the comments and public actions through the WEBSITE.

Data protection policy

Personal data from the USER will be added to BRINGMOTION's index.

The USER expressly authorizes to the storage of the data in servers operated by BRINGMOTION in the USA, with a different privacy and data protection legislation regarding the ones which are in force within Spain or the European Union.

BRINGMOTION commits to:

  1. Adopt the technical and organisational measures needed to guarantee the personal data protection and preventing its alteration, loss, or unauthorised treatment or access, having into account the technology state, the data's nature and the risks they are exposed to, in the LOPD terms and the regulations which develop it.
  2. Keep the professional secret regarding the data known, obligation which will survive once the relations with the file owner come to an end.
  3. Keep and guard the data, obligation that will survive once the relation with the USER is finished.

The right of access, cancelation, rectification and opposition could be exercised through a letter addressed to BRINGMOTION, to the address mentioned in this contract.

Responsability limitations

All the content, softwate, products and services that BRINGMOTION provides to the USER through the WEBSITE, are delivered “the way they are”, with any kind of guarantee, express or implicit, except for those which are explicitly expressed in the USER's LICENSES that the USER has acquired or otherwise, the ones considered within the regulations currently in force.

BRINGMOTION does not guarantee the adecuation to an especific purpose of some content, product or service provided through the WEBSITE.

Under no circumstance (including any kind of limitation or omision by BRINGMOTION), BRINGMOTION, its AUTHORS, MEMBERS or contributors will be responsible for any indirect damage, incidental, special or consequently, as well as any benefits loss or any other kind of loss as a result of the WEBSITE use and/or its contents by the USER.

The USER exempts of all responsibility to BRINGMOTION, its members, AUTHORS, or any other kind of suppliers and its respective administrators, managers, employees, shareholders, members or agents (hereafter “THE BRINGMOTON PARTIES) from any lawsuit, losses, damages, costs and expenses (including the usual lawyer fees) in any PART OF BRINGMOTION could fall for in case the USER or a legal representative agent of the USER would default on, or pressumably default on, any term or condition expressed in this LEGAL STATEMENT.

Comercial names and Brands

Every brand, commercial name, product name or service and logotype (collectively, BRANDS) that are displayed in the WEBSITE are property of their respective holders.

The USER has no right of use of any BRAND displayed in the WEBSITE or in its contents, even through the acquisiton of a WORK/ITEM, apart from when the USER has got the written authorization by a brand's holder.

Refund policy

The USER understands and accepts that all sales are final, except when an error in the WORK/ITEM has occurred which would not allow the USER to exercise the rights granted by the license. In this sole case, the maximum guarantee period for reimbursement is 30 days.

When the amount of a license is returned, the license will be revoked inmediatly, and all the rights granted to the client, but not the obligations, which will turn consequently revoked.

Changes in this document

The terms and conditions expressed in this LEGAL STATEMENT, may be modified at any moment and in any way by BRINGMOTION.

In the case that this LEGAL STATEMENT would be modified, the terms and conditions which are in force will be the ones in the new version of the LEGAL STATEMENT, and the terms and conditions from the modified version will be revoked.

If the USER does not agree with the TERMS AND CONDITIONS of this website, the only option would be to cease using this WEBSITE. In any other case, the USER accepts without reserve or limitation whatsoever the current TERMS AND CONDITIONS of the WEBSITE.

Acceptance

The USER declares that has read, understood and accepted without reserve or limitation whatsoever, the terms and conditions expressed in this LEGAL STATEMENT, just like in the documents referred to in this.

Jurisdiction

This LEGAL STATEMENT is governed by the Spanish Law, and it is drawn up in Spanish. For any other controversy that could originate from the interpretation or applicaton of this LEGAL STATEMENT, the USER, expressly renouncing its own jurisdiction, will submit to the Courts of Amsterdam (Netherlands).