Terms and conditions
Terms and Conditions for Accessing Claudia Menéndez
(Private Nebula Patterns) Website
Effective Date: March 29, 2024
1. Introduction & Agreement to Terms
– The Private Section of Nebula Patterns is a password-protected area of claudiamenendez.com. By logging in, you agree to these legally binding Private Section Terms and Conditions. These apply in addition to the Website’s Public Terms and Privacy Policy.
– The website claudiamenendez.com (the “Website”), including the public-facing Nebula Patterns section and the password-protected Nebula Patterns Private Section (the “Private Section”), is owned and operated by Claudia Menéndez. By accessing the Website, you agree to abide by these Terms and Conditions. The public section of the Website is provided for viewing purposes only, and access to the Private Section is available by invitation and password.
– The Nebula Patterns Private Section (the “Private Section”) is an exclusive area of claudiamenendez.com, accessible only to authorized users. By logging in, you agree to the following legally binding Terms and Conditions, which serve as a Non-Disclosure Agreement (“NDA”).
– This NDA is designed to protect the confidentiality of content within the Private Section, including but not limited to pattern designs, mockups, images, descriptions, and any other proprietary information (the “Confidential Information”).
2. Restricted Access & Confidentiality
– Access to the Private Section is granted at our sole discretion. We may revoke access at any time without notice.
– All content within the Private Section, including but not limited to pattern designs, mockups, images, and descriptions (the “Confidential Content”), is strictly confidential.
– You agree and acknowledge these Confidentiality Obligations:
• Private Section Use: You may only view the Confidential Information for evaluation purposes related to potential business collaboration or purchase.
• Restrictions: You may not copy, download, reproduce, share, distribute, print, capture, record, modify, trace, create derivative works from, or use any content in any way without written consent from Claudia Menéndez.
• Internal Use Only:You may share the Confidential Information with members of your team or colleagues within your organization for internal evaluation purposes only, provided they also agree to maintain the confidentiality of the information.
• No External Disclosure: You may not disclose, share, or distribute the Confidential Information to any third party outside of your organization without explicit written permission from Claudia Menéndez.
• Credentials Protection: You may not share your login credentials or grant access to the Private Section to any other person or entity.
3. Return/Destruction of Confidential Information
Upon the conclusion of your evaluation or upon termination of access to the Private Section, you agree to discontinue using and accessing any Confidential Information. As no downloadable content is provided through the website, no physical or digital files need to be returned or destroyed. However, you must cease all use of the Confidential Information and maintain its confidentiality.
4. Intellectual Property Rights
– All pattern designs, mockups, images, and content remain the sole intellectual exclusive property of Claudia Menéndez.
– Viewing access does not grant any rights to reproduce, sell, claim ownership, or use any design for commercial purposes.
5. Unauthorized Use & Legal Consequences
– Intellectual Property Theft: Any unauthorized use, copying, or distribution of the Confidential Information will be considered intellectual property theft and may result in legal action, including claims for damages and injunctive relief.
– Tracking & Monitoring: We may track login activity and usage patterns to detect unauthorized behavior. Any suspicious activity will be flagged and investigated.
◦ Legal Remedy: You acknowledge that breach of these terms will cause irreparable harm to Claudia Menéndez and that monetary damages alone will not be an adequate remedy. As such, Claudia Menéndez may seek injunctive relief in addition to any legal remedies.
6. No License or Transfer of Rights
Viewing access to the Private Section does not grant any license, ownership, or right to use any content for commercial or personal purposes. Any use beyond private evaluation requires explicit written permission from Claudia Menéndez.
7. Public Section Use & Protections
The public section of the Website contains pattern previews, images, descriptions, and other content provided for viewing purposes only. By accessing the public section, you agree that you:
• No Reproduction or Redistribution: You may not copy, download, reproduce, distribute, modify, or otherwise use any content from the public section for any commercial, public, or personal purposes without explicit written permission from Claudia Menéndez.
• View Only: All content in the public section is for personal viewing only. You may not capture, take screenshots, store, or use any material from the public section for any other purpose.
• Prohibition of Unauthorized Use: Any use of public content outside of viewing may result in legal consequences.
8. Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.
Privacy Policy for Claudia Menéndez (Nebula)
Effective Date: April 4 2024
At Claudia Menéndez (Nebula), your privacy is very important to us. This Privacy Policy explains how we collect, use, and protect your personal information when you visit our website claudiamenendez.com (the “Website”) or interact with us, whether on the public-facing section or within the private, password-protected areas.
Information We Collect
We collect personal information that you voluntarily provide to us when you contact us, sign up for access to our private content, or engage in any communication through the Website. This information may include:
⁃ Name
⁃ Email Address
⁃ By accessing the Private Section of Nebula Patterns you consent to additional data collection for security purposes. We may collect information such as your login credentials (username and password) for account management purposes and usage activity (to monitor unauthorized access).
How We Use Your Information
We use the information we collect from you for the following purposes only:
⁃ To communicate with you if you contact us directly, such as in response to inquiries or requests for information related to our services or patterns.
⁃ For professional purposes only, such as providing you with access to our private content upon request, or for other communications related to the private section (e.g., Nebula Patterns).
⁃ For account management purposes in the private section, such as providing you with the appropriate access to password-protected content.
⁃ To monitor login and usage activity for security. ( e.g., unauthorized access or violations to our terms of service).
How We Protect Your Information
⁃ We take reasonable measures to ensure the security of your personal information, including using encryption, secure servers, and other safeguards to prevent unauthorized access, disclosure, or alteration of your personal data.
⁃ For users accessing the private section of the website, we also require a password-protected login to further safeguard the confidentiality of the content.
No Selling or Sharing of Your Information
We respect your privacy. We do not sell, share, rent, or trade your personal information with third parties. Your personal information will only be used for the purposes outlined above.
Data Retention
We collect personal information that you voluntarily provide to us when you contact us, sign up for access to our private content, or engage in any communication through the Website. This information may include:
⁃ We will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected or as required by law.
⁃ If you access the private section, we will retain your login credentials only for the duration of your account access, unless you request deletion.
Your Rights and Choices
You have the right to:
⁃ Access any personal information we hold about you.
⁃ Request correction or deletion of your personal information.
⁃ Opt-out of any communications, should we offer any in the future.
⁃ If you wish to exercise any of these rights, please contact us at [email protected]
Cookies and Tracking Technologies
We do use cookies on our website, which are small text files stored on your device. These cookies may be used to collect basic data such as page views, user interactions, and website traffic for the purpose of website analytics (e.g., tracking how many people visit the site or view specific pages). This helps us understand how visitors use the Website so we can improve its content and performance.
These cookies are handled by your browser, and you have the ability to manage or block cookies through your browser settings. If you do not wish to have cookies stored on your device, you can adjust your browser settings accordingly. However, please note that disabling cookies may impact the functionality of the Website.
For the private section, cookies may also be used for session management, ensuring you remain logged in securely during your visit.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time. Any changes will be reflected on this page, with an updated effective date. We encourage you to review this policy periodically to stay informed.
Contact Us
If you have any questions about this Privacy Policy or how your personal information is used, please contact us at:
Claudia Menéndez
Email: [email protected]
Website: claudiamenendez.com
9. Disclaimer of Warranties & Limitation of Liability
All content is provided “as is” without any warranties, express or implied.
10. Disclaimer of Warranties & Limitation of Liability
– All content is provided “as is” without any warranties, express or implied.
– We make no representations regarding the accuracy, completeness, or fitness for a particular purpose of any content on the Website.
– We are not responsible for any losses or damages resulting from unauthorized access or misuse of the Private Section.
– To the fullest extent permitted by applicable law, we shall not be liable for any indirect, special, incidental, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, even if we were advised of the possibility of such damages.
11. Termination of Access
– We reserve the right to revoke or deny access to the Private Section at any time for any reason, especially for violating confidentiality rules.
– Violation of these terms will result in immediate termination of access and potential legal action.
12. Amendments and Updates
We reserve the right to modify or update these Terms and the Privacy Policy at any time. Any changes will be posted on this page with an updated effective date. By continuing to use the Website after any changes, you agree to be bound by the updated Terms.
13. Governing Law
These Terms and Privacy Policy are governed by the laws of Guatemala. However, if the dispute involves parties from different countries, the parties agree to submit the dispute to binding arbitration, as outlined below.
14. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or in connection with these Terms or the Privacy Policy, the parties agree to attempt to resolve the issue amicably through negotiation. If the matter cannot be resolved within 30 days, the dispute shall be submitted to binding arbitration under the rules of the International Chamber of Commerce (ICC) or another internationally recognized arbitration body. The arbitration shall take place in a mutually agreed-upon location that is neutral, such as New York or London, and the arbitration decision shall be final and binding on both parties.
15. Indemnification
You agree to indemnify, defend, and hold harmless Claudia Menéndez and its affiliates, employees, contractors, agents, and licensors from any and all claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from your use of the Private Section or your violation of these Terms.
16. Language
These Terms and Privacy Policy are written in English, and the English version will prevail in case of any discrepancies in translation.
17. User Consent
By accessing and using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy.
18. Contact Information
If you have any questions or concerns regarding these Terms or the Privacy Policy, please contact us at:
Claudia Menéndez
Email: [email protected]
Website: claudiamenendez.com
