MSJ::Terminos y condiciones
Tu carrito
Image
Presentación:

Terminos y condiciones

Terms and conditions.

TERMS AND CONDITIONS OF USE FOR THE MYSCENTJOURNEY PLATFORM
  1. INTRODUCTION

    These Terms of Use establish the conditions for accessing the MYSCENTJOURNEY platform service ("Access") that MYSCENTJOURNEY (insert name of the established company) offers to users. By using the Access, you agree to the following terms and conditions ("Terms and Conditions").

    Please read these Terms and Conditions carefully before accessing the platform. These Terms and Conditions may be revised, updated, or modified in any way, either partially or entirely, at any time. These Terms of Use ("Terms") govern the access or use by the user as an individual, from any country in the world, of applications, websites, content, products, and services made available by MYSCENTJOURNEY through its platform (the "Platform"). By accessing and using the platform, you agree to be legally bound by these Terms, which establish a contractual relationship between you and MYSCENTJOURNEY. If you do not agree to these Terms, you may not access or use the services or the platform. These Terms expressly supersede any prior agreements or commitments made with you. MYSCENTJOURNEY may immediately terminate these Terms or any of the services or your use of the platform, or, in general, cease offering or deny access to the services or any part thereof, at any time and for any reason. Supplementary conditions may apply to certain services, such as policies for a particular event, activity, or promotion, and these supplementary conditions will be communicated to you in connection with the applicable services. The supplementary conditions are in addition to these Terms and shall be considered a part thereof for the purposes of the applicable services. In the event of a conflict, the supplementary conditions will prevail over these Terms regarding the applicable services. MYSCENTJOURNEY may modify the Terms related to the services as it deems appropriate. The modifications will take effect after MYSCENTJOURNEY publishes the updated Terms in this location or the modified policies or supplementary conditions for the applicable service. Your continued access or use of the services or the platform after such publication constitutes your consent to be bound by the Terms and their modifications. The collection and use of personal information in connection with the services and platform use are carried out in accordance with the MYSCENTJOURNEY Privacy Policy, available at http://app.myscentjourney.com/privacy. The platform is offered and accessed through mobile applications, websites, or social media accounts that serve as a medium for users to interact through this social network focused on lotion and perfume enthusiasts.
    The platform consists of various spaces where users can interact, learn about perfumes and publications, and share information to and from their social networks: Types of users (hereinafter "the user"):
    1. Visitor user: This user is the one who visits and can view the public information of the portal, observe the information of publications, catalogs, products, etc., but cannot generate content or interact with other users or publications.
    2. User with access: This user is the one who has used one of their social networks to access the platform and can interact with the site's publications and users. However, this user cannot make new posts. Their profile only provides basic interaction permissions.
    3. Contributor or reviewer user: This is the user profile with the most interaction on the site. To become a contributor, they must request it or be invited by the site administrators. This user can generate content and create new posts.

    MYSCENTJOURNEY does not guarantee the performance or availability of the access or the network you use, nor does it guarantee that the access will always be free of any viruses or other harmful elements. MYSCENTJOURNEY reserves the right to suspend, modify, replace, or interrupt access at any time, either temporarily or permanently. MYSCENTJOURNEY will not be liable for any of the above.

    The platform is not aimed at minors; however, access is not limited to adults, as it does not present any content prohibited for individuals under 18 years of age. Notwithstanding the foregoing, MYSCENTJOURNEY warns that the internet contains a variety of content that may be offensive to minors. In this regard, we recommend that parents and adults remain vigilant and protect minors from such content.
  2. USER OBLIGATIONS AND RESTRICTIONS

    MYSCENTJOURNEY reserves the right to block or filter content or remove any content on the platform that users share in order to prevent access to any content that MYSCENTJOURNEY considers illegal or inappropriate.

    The user shall not use the access to perform any of the following activities through the platform:
    1. transmit any illegal and/or racist, pornographic, abusive, harassing, defamatory, obscene, indecent, threatening, or unlawful material in any way or that invades the privacy rights of third parties;
    2. transmit any unsolicited or unauthorized commercial or promotional content, or other forms of harassment;
    3. impersonate or attempt to impersonate a third party, whether a natural or legal person, existing or not, by any means;
    4. transmit, download, or view any content that infringes the intellectual property rights of MYSCENTJOURNEY or any third party;
    5. use the Access for transferring large files or that congest the platform and/or messaging servers; or
    6. transmit any computer virus or program designed to destroy or limit the operation of the platform or any computer equipment, telecommunications equipment, or software.

    MYSCENTJOURNEY reserves the right to interrupt, suspend, or limit users' access without prior notice if MYSCENTJOURNEY has reasons to believe that such use is inappropriate or violates these Terms and Conditions.

    The user agrees to use the platform in accordance with applicable laws and in compliance with these Terms and Conditions. Both access and use of the platform, as well as the use of the information included in it, will be the user's sole responsibility. Therefore, the use of information, images, content, reports, and/or comments accessible through it will be subject to these Terms and Conditions, the applicable law, as well as the principles of good faith and lawful use by the user, and the user will be entirely responsible for such access and proper use. The user is solely responsible for all actions and omissions that occur in connection with their account, registration, username, and/or password. The user is prohibited from engaging in any activity that harms MYSCENTJOURNEY or third parties. The use of the Sites for illegal, unauthorized, immoral, or prohibited purposes is strictly forbidden.
  3. SECURITY

    The user expressly acknowledges and agrees that they will assume all risks related to their use of access to the platform, and that there are security, privacy, and, more generally, confidentiality risks related to access (e.g., interception of communications, loss of information, viruses, etc.) associated with the transmission or reception of information over the Internet.

  4. PRIVACY

    The user expressly acknowledges and agrees that MYSCENTJOURNEY reserves the right, in accordance with its current privacy rules and policies, to collect and disclose statistical and anonymous information related to access to the platform to its providers, clients, and partners, for example, for the purpose of analyzing trends and user preferences, system performance, sharing data, as well as its operation, maintenance, auditing, or security.

    To access the platform, the user must provide MYSCENTJOURNEY with certain personal information depending on the type of user, which is necessary for the purposes of the legal relationship between the user and MYSCENTJOURNEY by accepting these Terms and Conditions. The user guarantees that the data provided to MYSCENTJOURNEY is correct and accurate. In accordance with the Federal Law on the Protection of Personal Data Held by Private Parties (the "Law") and its Regulations (the "Regulation"), the user has the right to access, rectify, cancel, and oppose their personal data, according to the Privacy Notice, without prejudice to the blocking period applicable to such personal data. MYSCENTJOURNEY is obligated to use the information in accordance with the provisions of the Law and the Regulation, and for the purposes specified in the Privacy Notice. In accordance with applicable legislation in the United Mexican States, MYSCENTJOURNEY may store certain connection information and personal data for the necessary period to comply with applicable legal provisions and these Terms and Conditions, in accordance with the Law and the Regulation. MYSCENTJOURNEY may also use this information as evidence of illegal activities or any breach of these Terms and Conditions. Except in the case of a judicial investigation or any competent authority, the disclosure of the information will be protected by the confidentiality right, in the terms and for the purposes agreed upon in the Privacy Notice. In order to provide quality service and prevent the user from having to complete their information more than once a day to access the platform, MYSCENTJOURNEY will implant a cookie on the user's device.
  5. RESPONSIBILITY

    Under no circumstances will MYSCENTJOURNEY be liable to the user or any other person in connection with access to the platform or any activities conducted on it.

    The user acknowledges and formally agrees to be solely and fully responsible for their access to the platform. Use and navigation on the platform is at the user's own risk. The user acknowledges that MYSCENTJOURNEY or any other party represented or otherwise affiliated with MYSCENTJOURNEY in the creation or presentation of content within the platform assumes no responsibility, whether direct or indirect, foreseeable, consequential, or unforeseen, for any damages resulting from misuse of the content or its use by the user or third parties. The platform operates "AS IS," "AS AVAILABLE," and MYSCENTJOURNEY does not provide any warranties, and the user uses the platform at their own risk. The platform is for personal use. MYSCENTJOURNEY will not be liable for interruptions or malfunctions of the services or content offered on the platform, regardless of the cause, extent, or duration. MYSCENTJOURNEY is not responsible for network outages, business losses resulting from such outages, or any other type of indirect damage that may be caused to the user. You expressly agree that MYSCENTJOURNEY will not be responsible for damages caused by failures or any discontinuity in the platform. Under no circumstances will MYSCENTJOURNEY be responsible for any content on the platform, including, but not limited to, any errors or omissions in any content, or for the loss or damage of any content. MYSCENTJOURNEY is free to limit access to the platform and/or the products offered on it to the user, without justification or prior notice. Any information the user submits to MYSCENTJOURNEY via email for registration, enrollment, or to send questions to the platform is subject to our Privacy Notice. All unsolicited opinions, comments, or proposals, including ideas, images, videos, concepts, techniques, technical knowledge, and similar, provided by the user, even if not expressly requested by MYSCENTJOURNEY, will not be treated as confidential by MYSCENTJOURNEY. Therefore, you agree to transfer rights for all opinions, comments, proposals, including ideas, concepts, content, works, images, videos, techniques, technical knowledge, and similar, that you provide to MYSCENTJOURNEY, and these materials and/or content will immediately become the property of MYSCENTJOURNEY, who may use these materials and contents in any way it deems appropriate. For more information on this matter, please refer to our Privacy Notice. Access to the platform and these Terms and Conditions will be interpreted under the laws of the United Mexican States, and both the user and MYSCENTJOURNEY submit to the jurisdiction and competence of the Courts of Mexico City, waiving any other jurisdiction that may correspond to them due to their current or future domiciles or for any other reason.
  6. INTELLECTUAL PROPERTY RIGHTS AND USE OF CONTENT ON THE PLATFORM

    The user acknowledges that MYSCENTJOURNEY holds all rights, titles, and interests in the platform, and/or owns the content and applications on it, and/or has the necessary rights from its legitimate owners to use them.

    MYSCENTJOURNEY is the holder of all copyrights, both moral and economic, or has a valid economic right to use all material contained on the platform. Similarly, MYSCENTJOURNEY owns all registered trademarks, trade names, logos, logotypes, and domain names used by or in connection with the platform. MYSCENTJOURNEY agrees that the user may use the information and logos contained on the platform solely for their individual, private, and non-commercial use. The user, under no circumstances, obtains any rights or license that would allow them to use the platform in a way other than specifically stated here, and any use, publication, and/or modification of the materials and content on the platform not expressly permitted in these Terms will constitute a violation of MYSCENTJOURNEY's industrial and/or intellectual property rights, which will lead to the initiation of corresponding actions to defend MYSCENTJOURNEY's rights, with the consequent application of applicable administrative, criminal, and/or civil sanctions.
  7. LINKS

    The MYSCENTJOURNEY platform may contain links to third-party websites, or the platform may be linked by third-party websites. However, MYSCENTJOURNEY is not responsible for third-party websites or their content. MYSCENTJOURNEY does not endorse or promote any of those sites or the products and/or services offered on those sites. MYSCENTJOURNEY disclaims any responsibility for the accuracy of the information provided on such third-party websites and the goods and/or services provided and/or purchased on those sites.

  8. ACCURACY OF INFORMATION

    MYSCENTJOURNEY takes all reasonable measures to ensure the accuracy, precision, and timeliness of the information contained on the platform. However, MYSCENTJOURNEY is not responsible for inaccuracies, errors, or omissions in the platform's content and does not guarantee the accuracy, completeness, or timeliness of the information presented. The information provided is subject to change at any time without prior notice.

  9. SUSPENSION AND TERMINATION

    MYSCENTJOURNEY may, without prior notice, determine the suspension, cancellation, and/or immediate termination of access to the platform; therefore, it will not be responsible to the user or any third party for any reason in the event of any of these circumstances.

  10. USER'S RESPONSIBILITY

    The user agrees to keep MYSCENTJOURNEY harmless and free from damages, and, if applicable, to indemnify and hold MYSCENTJOURNEY harmless from and against any action and/or liability, claim, complaint, penalty, interest, costs, expenses, fines, or fees, initiated by third parties due to or arising from any actions of the user on the platform.

  11. NO WAIVER

    The failure to exercise any action or right that MYSCENTJOURNEY is entitled to initiate by law or under these Terms shall not be construed as a waiver or as a waiver of such right or action.

  12. ANTI-DISCRIMINATION POLICY

    MYSCENTJOURNEY connects fragrance and perfume lovers and consumers from all over the world. It is an ecosystem where people from all walks of life inspire each other and build relationships by sharing opinions, content, and by making, selling, and purchasing unique products. It is essential that all MYSCENTJOURNEY users feel safe, and the priority is to foster an inclusive environment. This policy outlines the type of behavior we prohibit on MYSCENTJOURNEY to ensure everyone has a positive experience.


    Discrimination based on the following is not allowed on MYSCENTJOURNEY:

    1. Race
    2. Color
    3. Ethnicity
    4. Nationality
    5. Religion
    6. Gender
    7. Gender identity
    8. Sexual orientation
    9. Disability
    10. Any other characteristic protected by applicable law.

    It is the user's responsibility to be aware of local laws and any other legal regulations regarding discrimination that may apply to their case.

    We do not allow any type of discrimination in the items or content the user posts on the platform. Examples of prohibited behavior include, but are not limited to:
    1. Denial of service due to membership in one or more protected groups.
    2. Derogatory or humiliating comments towards protected groups.
    3. Racist insults.
    4. Posts that support or glorify hate groups and their users.
  13. ACCOUNT WITH MYSCENTJOURNEY

    Depending on the type of user, you will need to create an account with MYSCENTJOURNEY to use some of our services and platform. Below are some rules regarding accounts with MYSCENTJOURNEY:

    1. You must be over 18 years old to use our services. Minors between the ages of 13 and 18 can only use our Services through an account owned by one of their parents or legal guardians, with appropriate permission and under their direct supervision. We do not allow children under the age of 13 to use our services. You are solely responsible for all activities that a minor generates on your account.
    2. Provide truthful information about yourself. It is not acceptable to use false information or impersonate another person or company through your account.
    3. Choose an appropriate name. If you choose not to use your full name as the name associated with your account, you must not use language that is offensive, vulgar, or infringes on the intellectual property rights of another person or violates these Terms and Conditions in any other way.
    4. You are responsible for your account. You are solely responsible for all activity on your account. If you share an account with others, the person whose information is on the account will be ultimately responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to accept these Terms and Conditions on behalf of the company. Additionally, your accounts are not transferable.
    5. Protect your password. As mentioned earlier, you are solely responsible for all activity on your account, so it is important to protect your account password.
    6. These terms do not create any agency, partnership, joint venture, employment, or franchise relationship between the user and MYSCENTJOURNEY.
  14. CONTENT.

    The content you post through the platform grants MYSCENTJOURNEY the broadest authorization to use, reproduce and/or modify it for commercial purposes, whether for profit or not. This includes everything you post through the platform (such as usernames, store names, profile photos, photos, images, ad descriptions, opinions, comments, videos, reviews, etc.).

    1. Responsibility for Content. You understand that you are solely responsible for your content. You declare that you have all the necessary rights for your content and that you are not infringing or violating the rights of third parties by posting it.
    2. Permission to Use Content. By posting user content through the platform, you grant MYSCENTJOURNEY the license to use, reproduce, edit and/or license it, without compensation to the user.
    3. Rights Granted to MYSCENTJOURNEY. By posting content, you grant MYSCENTJOURNEY a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and perpetual license to use, reproduce, display, edit, modify, distribute, store, and generate derivative works of the content shared on the platform. This allows the provision of services and the promotion of MYSCENTJOURNEY, the platform content, and services in general, in any format and through any channel, including all MYSCENTJOURNEY services, our partners, or third-party websites or advertising media. You hereby agree and waive any legal action, administrative, civil, and/or criminal against MYSCENTJOURNEY for using the user's content. You also acknowledge MYSCENTJOURNEY's legitimate interest in using the content in accordance with the scope of this license, to the extent that it contains any personal information.
    4. All unsolicited ideas, content, or other materials you send, share, or upload to the platform are considered non-confidential, and you grant MYSCENTJOURNEY a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and perpetual license to use and publish, share, edit such materials and/or content for any purpose, whether commercial, for profit, or not, without compensation to the user. MYSCENTJOURNEY will provide the user with certain legal information in writing. By using our services and platform, the user agrees to our policy whereby MYSCENTJOURNEY may send information electronically, and that accepting the terms and conditions constitutes an electronic contract with binding force for both parties, as if it were signed manually.
    5. Notification of Unauthorized Content. MYSCENTJOURNEY respects third-party intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the platform. If the content you post or own rights to has been published on the platform without your permission and you want it removed, please notify us at the following email: legal@myscentjourney.com, specifying the reasons and proving your intellectual property and/or industrial rights over the content, for it to be removed. If your content is suspected of infringing someone else's intellectual property rights, we will take appropriate measures, from removing it if we receive a properly accredited notification to canceling your account if we discover you are a repeat infringer. We will send you a notification if that happens.
    6. Inappropriate, False, or Deceptive Content. The user agrees not to post any content that is abusive, threatening, defamatory, obscene, vulgar, or offensive, misleading or false advertising, or that infringes our policy and the Terms and Conditions of the platform. The user agrees not to post any content that is false and misleading or uses the services or platform in a fraudulent or deceptive manner.
    7. MYSCENTJOURNEY Content. The name MYSCENTJOURNEY and other trademarks, phrases, logos, works, and designs used on the platform to promote, offer products and/or services, are the exclusive property of MYSCENTJOURNEY in Mexico and other countries.

    The platform and all rights related to it are and will remain the property of MYSCENTJOURNEY. None of these Terms or your use of the services transfer or grant any rights to the user over or in relation to the platform.

  15. HOW TO USE THE MYSCENTJOURNEY PLATFORM.

    The MYSCENTJOURNEY platform is a public function where users can interact. To ensure that MYSCENTJOURNEY remains a safe and respectful place, users must follow the following policies in all community spaces:

    1. Respect the privacy of other users. Do not share private or personally identifiable information in public areas of the site.
    2. Identify yourself honestly and transparently. Do not use a false identity.
    3. Respect other users. Do not use community spaces to publicly discredit a member, a store, or a specific item.
    4. Do not use the tools or community spaces to interfere with another member's business.
    5. Do not send spam. This includes unsolicited or duplicate posts, or links to your store, surveys, social media, or other similar content.
    6. Do not use community spaces to coordinate prices with other users or businesses.
    7. Do not use community spaces to harass other users. Similarly, do not post content in community spaces that may promote, support, or encourage hatred.
    8. Do not post or send threats of violence against others, nor promote or encourage others to engage in violent acts or illegal activities.
    9. Do not engage in illegal activities or activities that infringe on someone's intellectual property, nor incite others to do so.
    10. Do not use community spaces to incite other users to break MYSCENTJOURNEY's policies.

    MYSCENTJOURNEY reserves the right to take action against any account, user, or content that violates this policy. For example, we may remove your content, suspend your posting privileges in the community temporarily or permanently, or close your MYSCENTJOURNEY account.

    Below are additional policies that apply when the user uses specific spaces on the platform:
    1. Your posts should focus on the topic being discussed. Off-topic posts will be removed.
    2. Your entries should be helpful, constructive, and encouraging when expressing disagreement or criticism. Do not harass, intimidate, insult, annoy, or challenge other users.
    3. MYSCENTJOURNEY may take certain actions to maintain a pleasant environment in the forums and ensure they are organized and useful for everyone. The measures taken by MYSCENTJOURNEY are not open for public debate.
    4. MYSCENTJOURNEY reserves the right to remove any content it deems inappropriate from the forums at any time.

    Users can send direct messages to each other using the platform's integrated communication system. These messages are separate from discussions. You can access and read them when you are in the platform spaces.

    By using the direct messages feature, you agree to all the above policies. Additionally, you cannot send messages that are considered:
    1. Abusive, threatening, defamatory, or harassing, or that otherwise violate our anti-discrimination policy.
    2. Obscene or vulgar.
  16. WARRANTIES AND LIMITATION OF LIABILITY.
    1. Products for Sale, the user agrees that MYSCENTJOURNEY does not manufacture any of the items advertised or reviewed through the platform. We provide the space; the items offered are manufactured, published, and sold directly by independent sellers, so MYSCENTJOURNEY cannot and does not make any warranties about their quality, safety, or even their legality. Any legal action related to an item the user acquires must be brought directly against the seller of the item. The user releases MYSCENTJOURNEY from any claim related to the items sold through the platform, including defective items from sellers or items that have caused physical damage to the user, that do not match the published recommendations, or that simply do not meet the user's preferences.
    2. Content Accessed. The user may encounter content they find inappropriate while using our services or platform. MYSCENTJOURNEY makes no claims regarding any of the content published by other users through the platform. MYSCENTJOURNEY is not responsible for the accuracy, copyright compliance, legality, or decency of the content published by users that the user accesses through the platform. The user exempts MYSCENTJOURNEY from all responsibility related to such content.
    3. People the user interacts with. The services and platform may be used to interact with other people, whether online or in person. However, MYSCENTJOURNEY does not evaluate users of our services, so there is no responsibility related to interactions with other users.
    4. Third-Party Services. The services and the platform itself may contain links to third-party websites or services that MYSCENTJOURNEY does not control. It is also possible that the user will need to use a third-party product or service in order to use some of our services or the platform itself (such as a compatible mobile device to use our mobile apps or to access the platform). By accessing these third-party services, the user does so at their own risk. Third parties may require the user to accept their own terms of use. MYSCENTJOURNEY is not a party to those agreements; they are exclusively between the user and the third party.
  17. MISCELLANEOUS

    You acknowledge and agree that these Terms and Conditions of Use, along with our Privacy Notice, constitute the entire agreement between you and MYSCENTJOURNEY regarding the use of the platform.

    MYSCENTJOURNEY may change these Terms at any time, and in case of any change, the modification will be communicated by publishing the changes on the platform. The changes are effective immediately after their publication. Continued use of the platform constitutes acceptance of any changes to the Terms. The platform is not intended to provide medical information about the skin or any other information related to fragrances and/or perfumes.
  18. DATA REMOVAL POLICIES
    1. Purpose

      This document outlines our policy for responding to data deletion requests under data protection law.

      This document explains the rights of the individual regarding data deletion and the responsibilities of MyScentJourney when responding to such requests.
    2. Individual Rights

      A person has the right to delete, also known as "the right to be forgotten." The principle underlying this right is to allow a person to request the deletion of their personal data when there is no obligation or reason for its continued processing.

    3. When Does the Right to Erasure Apply?

      According to data protection laws, individuals have the right to have their personal data erased and to prevent processing under specific circumstances:

      1. When the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed;
      2. When the individual withdraws consent;
      3. When the individual objects to the processing and there is no other legal basis for the processing activity;
      4. When the personal data has been processed unlawfully;
      5. When the personal data must be erased to comply with a legal obligation.
    4. What Information Does MyScentJourney Retain?

      The MyScentJourney online system stores data about individuals to create a user profile for our community. We store the name, email address, gender, date of birth, and images in the publication used for sharing (if the user becomes a reviewer), which is stored on our secure servers for an indefinite period. This data is stored and used according to our Privacy Policy, which can be found in the same document.

      Under the platform’s terms and conditions, you may request the removal of all personal and identifiable information from the MyScentJourney platform.

      Steps to request the deletion of profile and personal data

      1. Send an email to eduardo@myscentjourney.com, subject "Data Deletion Request."
      2. In the body, include the reason for deleting your data, the email, and username you use on the MyScentJourney Platform.
      3. You will receive confirmation within a maximum of 72 hours with details of the deleted information.

      After that, your profile and personal information will be deleted.


      The data may still remain in the system's backup files, which will be deleted periodically.

      The information can be removed from our site upon request. We are committed to completing the deletion within one month (90 calendar days), and we will send you confirmation once the information has been fully erased. Whenever possible, we will try to complete the request before the deadline.
    5. Last update: August 2023

      MYSCENTJOURNEY © 2019 All rights reserved.

      BY ENTERING THE MYSCENTJOURNEY PLATFORM, THE USER DECLARES HAVING READ AND ACCEPTED THESE TERMS AND CONDITIONS
      (Accept Button)