Terms & Conditions

Effective Date: 17^th March 2023

Mobile Application: Recuerda Club

THE AGREEMENT: When accessing our website and mobile application, and utilizing any services provided by Recuerda Club via these channels, you acknowledge and accept the following Terms & Conditions. These conditions apply to all pages on our website and any services available through it. The various sections and subsections of these terms are considered to be a part of this agreement.

1. DEFINITIONS
2. The term “Agreement” pertains to these Terms and Conditions along with the Privacy Policy and other documents provided to you by the Website;
3. References to “We”, “us” and “our” pertain to Recuerda Club;
4. The terms “User”, “You”, “Your” and “Customer” pertain to the individual who accesses the website to avail any service from us, which includes any person who makes the payment for purchasing products from the website;
5. The term “Platform” refers to the Mobile Application “Recuerda Club” and any succeeding Website or affiliate of ours;
6. “Communication” includes any text or images on the website or in other forms (emails, etc.) intended to sell products;
7. The Parties collectively refer to the parties to this Agreement (We and You).
8. ASSENT & ACCEPTANCE

By using our platform, you confirm that you have perused and assessed this Agreement, and you consent to be bound by its terms. If you disagree with the terms of this Agreement, kindly refrain from using our platform. Your use of our services is subject to your acceptance of this Agreement.

• SERVICE

Recuerda Club is the first online comunnity for Spanish-speaking psychonauts. Our mission is to help you explore the natural and expanded states of consciousness and discover who you truly are.

We believe that each one of us is capable of bending the cosmic video game and accessing deeper levels of consciousness. However, this requires a certain level of knowledge, preparation, and guidance. This is where Recuerda Club comes in. Our team of experienced psychonauts and teachers have created a comprehensive curriculum that covers everything from the basics of altered states of consciousness to advanced techniques for accessing higher states of being.

 We offer online training programs that are designed to help you develop your skills and deepen your understanding of the nature of consciousness .

And a social network so you can share your learning and talk about interesting topics with people like you.

AGE RESTRICTION

In order to use our platform or any of its services, you must have reached the age of 13 or older. By using our platform, you acknowledge and confirm that you meet this age requirement and are capable of entering into this Agreement legally. Please note that we cannot be held responsible for any misrepresentation of your age and will assume no liability in such cases.

• GENERAL CONDITION
• The information provided on our platform may not be accurate, complete, valid, or timely. We cannot guarantee its reliability.
• We reserve the right to make significant changes to these terms and conditions at any time. Notice of these changes may be provided through email communication or prominently posted on our platform.
• We grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use our platform solely for your personal, private, and non-commercial use related to our services. You must comply with all the terms and conditions outlined in this Agreement.
• Recuerda Club is not responsible for your use of our services or for the behavior of other users you may interact with.
• We do not perform background or criminal screenings of our users and do not verify the accuracy of their personal information, identity, health, physical condition, or other related matters.
• Recuerda Club is not liable for any legal or other consequences arising from your use of our services in locations that may prohibit or criminalize such activities. It is your responsibility to assess any potential risks associated with using our platform in your location.
• LICENSE TO USE THE PLATFORM

By utilizing our Platform or Services, you may receive certain information such as data, documentation, and other materials developed by us that can aid you in utilizing our Platform or Services, collectively referred to as “Our Materials”. You are granted a non-exclusive, limited, revocable, and non-transferable license to use Our Materials only in conjunction with your use of our Platform and Services, subject to the terms of this Agreement. It is prohibited to use Our Materials for any other purpose, and this license automatically terminates if you stop using the Platform or Services or if this Agreement is terminated.

• USER CONTENT
  • Content Responsibility. 

The Platform provides the opportunity to share various types of content such as comments and feedback. However, you assume full responsibility for any content that you post, and you confirm that you have obtained all necessary permissions to use and post the content.

When posting content on the Platform, please refrain from posting any content that:

• Contains profanity, abusive, racist, or hateful language, pornographic material or images that are offensive, inflammatory attacks of a personal, racial or religious nature;
• Is false, misleading, fraudulent, inaccurate, unfair, defamatory, threatening, disparaging, grossly inflammatory, unsubstantiated or contains gross exaggerations;
• Violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, discriminates against any person or group;
• Encourages or violates any municipal, state, federal, or international law, rule, regulation, or ordinance;
• Attempts to use another’s account, password, service, or system, uploads or transmits viruses or other harmful, disruptive, or destructive files, sends repeated messages, makes derogatory or offensive comments about another individual, or repeats prior posting of the same message under multiple emails or subjects

We reserve the right to refuse any submitted content that violates these guidelines. Repeated violations may result in the cancellation of user access to the Platform without prior notice.

• INTELLECTUAL PROPERTY

We declare that RECUERDA CLUB is the rightful owner of the Platform and all Services provided, including but not limited to copyrights, trademarks, patents, trade secrets, and other intellectual property (“Our IP”). When you use the Platform and Services, you acknowledge and agree that we have all rights, titles, and interests in Our IP, and you agree not to use Our IP for any illegal or infringing purposes. You also agree not to duplicate or distribute Our IP in any way, including electronically or by registering new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without obtaining express written consent from us.

Additionally, to give you access to the Platform and Services, you grant us a non-exclusive, worldwide, royalty-free license to copy, display, use, broadcast, transmit, and create derivative works of any content you submit, upload, or otherwise provide to the Platform (“Your Content”). We do not assert any further proprietary rights in Your Content.

If you think that another user of our Platform has infringed upon your intellectual property rights by sharing information or media, please contact us immediately.

• USER OBLIGATIONS

When signing up for the Platform or Services, you will be required to choose a user identifier, such as an email address or other term, and a password. You may also be asked to provide personal information, such as your name, which you are responsible for ensuring is accurate. It is crucial to keep this identifying information secure in order to access and use the Platform and Services, and you must not share it with any third party. If you suspect that your identifying information has been compromised, you must promptly inform us in writing, and it is your responsibility to maintain the safety and security of your identifying information and keep us informed of any changes to it. Providing false or inaccurate information, or engaging in fraudulent or unlawful activity through the Platform or Services, may result in immediate termination of this Agreement.

• RELEASE

You release us and our successors from all claims related to your use of the Services, including but not limited to personal injury, death, or property damage.

1. ACCEPTABLE USE

When using the Platform or Services, you agree to refrain from engaging in any illegal or prohibited activities that could cause harm to RECUERDA CLUB’s business, Services, or Platform. If you suspect any such activity or violation, please notify us immediately at somos@recuerda.clubAdditionally, you agree not to use the Platform or Services to harass, abuse, threaten, or violate the legal rights of others. You also agree not to violate any of our intellectual property rights or those of any third party. Uploading or disseminating any computer viruses or software that may damage another’s property, perpetrating fraud, or engaging in unlawful gambling, sweepstakes, or pyramid schemes is strictly prohibited. Furthermore, publishing or distributing obscene or defamatory material, material that incites violence, hate, or discrimination towards any group, or unlawfully gathering information about others is not allowed. Users must also not share any personal contact information, including full names, phone numbers, email, address, social media, or any other personally identifiable information.

1. ASSUMPTION OF RISK

You understand and agree that the Platform and Services are exclusively intended for communication purposes. Any information that you share on the Platform is not intended to be construed as legal, medical, or financial advice, and it does not create a fiduciary relationship between you and us. You are solely responsible for any risks associated with the purchase of any products available on the Platform. We are not responsible for any advice or information provided on the Platform and assume no liability or responsibility for it.

1. REVERSE ENGINEERING & SECURITY

You are not allowed to perform any of the following actions:

a) Try to reverse engineer or disassemble any code or software from or on the Platform or Services;

b) Breach the security of the Platform or Services through any means like unauthorized access, circumventing encryption or other security tools, data mining, or interfering with any host, user, or network.

1. INDEMNIFICATION

You agree to protect and compensate us and any of our affiliates (if applicable), and to not hold us responsible for any legal claims or requests, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Platform or Services, or your violation of this Agreement. You acknowledge that we may choose our own legal counsel and participate in our own defense if we wish to do so.

1. EXCLUSION OF LIABILITY

You acknowledge and agree that the information listed on the Platform by us or any third party may not be accurate, complete, valid, or timely. We shall not be responsible for any materials posted by us or any third party, and you should exercise your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

You understand and agree that we shall not be liable for any direct, indirect, consequential, or other form of loss or damage that may be suffered by a user through the use of the Mobile Application, including loss of data or information, financial or physical loss or damage.

In no event shall RECUERDA CLUB, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, arising from (i) your use or access to the Service or failure to access or use the Service, (ii) any conduct or content of any third party on the Service, (iii) any content obtained from the Service, or (iv) unauthorized access, use or alteration of your transmissions or content. This limitation of liability applies whether based on guarantee, agreement, domestic wrong (including carelessness), or any other lawful concept, and even if we have been aware of the possibility of such damage. Furthermore, any cure set forth herein shall be deemed to have failed in its essential purpose.

1. SPAM POLICY

You are strictly prohibited from using the Platform or any of our’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

1. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third-party websites or other services. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to our website.

1. MODIFICATION & VARIATION

This Agreement may be modified by us at any time without prior notice to you. You acknowledge and agree that we have the right to modify or revise any part of this Agreement. You also acknowledge and agree that any modifications made to this Agreement will be effective immediately upon being posted on the Platform, and will replace any prior versions unless otherwise specified.

1. ENTIRE AGREEMENT

This Agreement represents the complete agreement between the Parties with respect to the use of this Platform, and it supersedes and invalidates any prior or contemporaneous agreements or understandings, whether written or oral, related to the use of this Platform.

1. SERVICE INTERRUPTIONS

We may need to interrupt your access to the Platform to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Platform may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

• TERM, TERMINATION & SUSPENSION

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

• NO WARRANTIES

You agree that your use of the Platform and Services is at your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Platform or Services will meet your needs or that the Platform or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Platform or Services is your sole responsibility and that we are not liable for any such damage or loss.

No warranties

• The information on this Website is provided without any representations or warranties, express or implied.
  • Without limiting the scope of this section, we do not warrant or represent that the information on this website:
• will be constantly available, or available at all; or
• is true, accurate, complete, current, or non-misleading.
• LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Platform or Services, to the fullest extent permitted by law. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

• GENERAL PROVISIONS:

a) JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed under the laws of Spain without giving effect to any principles of conflicts of law. The Spanish Courts shall have exclusive jurisdiction over any dispute arising from the use of the Platform.

b) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of the RECUERDA CLUB will bind and inure to any assignees, administrators, successors, and executors.

c) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.

d) NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.         

e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

f) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

g) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.

h) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: somos@recuerda.club