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Wallpaper Terms and Conditions

**CB Hoyo E-store Digital Wallpaper License Agreement and Terms of Usage**




This License Agreement and Terms of Usage (hereinafter referred to as the "Agreement") represents a mutual understanding and contractual bond between you, whether as an individual or entity ("User" or "Licensee"), and Amaarte Consultores SRL, a company incorporated under the laws of the Dominican Republic (hereinafter referred to as "Licensor", "We", "Us", or "Our"). 


The essence of this Agreement is the digital wallpaper crafted and distributed for smartphones (hereafter the "Digital Wallpaper"). By engaging in actions such as purchasing, downloading, or otherwise accessing the Digital Wallpaper through the CB Hoyo E-store, or any affiliated platform or medium, you unequivocally convey your acknowledgment and consent to the terms and conditions set forth herein. The act of using or displaying the Digital Wallpaper signals a tacit acceptance of this Agreement, binding you to its stipulations.


We encourage a careful and comprehensive perusal of this Agreement to ensure clarity and understanding, as it forms a foundational framework for the use and limitations associated with the Digital Wallpaper.




**1. Grant of License**:


a. **Scope**: Amaarte Consultores SRL, as the licensor, provides you, the licensee, a privilege embodied in this license, allowing you to use the Digital Wallpaper. This privilege is strictly defined by the boundaries set forth in this Agreement.


b. **Nature of License**: This license is a limited, non-exclusive, non-transferable, and non-sublicensable agreement. In simpler terms, this means that the Digital Wallpaper is being licensed to you for specific use, and not sold. You are not acquiring ownership rights.


c. **Usage**: You are granted the right to use the Digital Wallpaper solely for personal, non-commercial purposes. It is intended to be displayed on a single smartphone device that is owned or controlled by you. 


d. **Duration**: This license will remain in effect for as long as you have the Digital Wallpaper installed and in use on your device, and it remains bound by the terms outlined in this Agreement. Termination can occur if the terms of this Agreement are violated, at which point, rights granted to you would be revoked.


e. **Territory**: This license permits use of the Digital Wallpaper worldwide, acknowledging the global reach and accessibility of digital products.


f. **Reservation of Rights**: All rights not expressly granted in this Agreement are reserved by Amaarte Consultores SRL. This means that any uses or rights related to the Digital Wallpaper not explicitly mentioned here are not permissible without prior written consent from the Licensor.




**2. Restrictions**:


a. **No Redistribution**: Licensee is not permitted to distribute, share, resell, or transmit the Digital Wallpaper to any third party, whether for financial gain or free of charge. This includes but is not limited to sharing through emails, social media platforms, or direct download links.


b. **No Modification**: The Digital Wallpaper must not be altered, modified, cropped, or edited in any form without the explicit consent of Amaarte Consultores SRL. This ensures the integrity and authenticity of the artwork.


c. **Non-Commercial Use**: The Digital Wallpaper is strictly for personal use on the licensee's smartphone. Any commercial exploitation, such as its use for promotional purposes, advertisements, or merchandise, is strictly prohibited.


d. **No Public Display**: Except for its intended use on a personal smartphone, the Digital Wallpaper should not be publicly displayed in locations like public digital boards, monitors in public areas, or as part of a public art exhibition.


e. **No Derivative Works**: Licensee is not permitted to create derivative works based on the Digital Wallpaper. This includes incorporating the Digital Wallpaper into other pieces of art, animations, or any other creative output.


f. **No Reverse Engineering**: Any attempts to decode, reverse engineer, or extract elements from the Digital Wallpaper for any purpose is strictly prohibited.


g. **Backup Copies**: While the licensee is permitted to make copies of the Digital Wallpaper for backup purposes, such backups must remain private and are subjected to the same restrictions as the original Digital Wallpaper.


h. **No License Transfer**: Licensee cannot assign, sublicense, or transfer their rights under this license to any other individual or entity without the explicit written consent of Amaarte Consultores SRL.



**3. Intellectual Property Rights**:


a. **Ownership**: All rights, titles, and interests in and to the Digital Wallpaper, including but not limited to its design, artwork, visual elements, and any associated intellectual property, remain the exclusive property of Amaarte Consultores SRL. The act of licensing does not confer upon the Licensee any ownership or proprietary rights to the Digital Wallpaper.


b. **Protection**: The Digital Wallpaper is protected by copyright, trademark, and other intellectual property laws of the Dominican Republic and international treaties. Unauthorized use or violation of this Agreement can result in infringement of these rights.


c. **Recognition**: Any authorized use or display of the Digital Wallpaper, where applicable, should provide appropriate attribution, acknowledgment, or credit to Amaarte Consultores SRL or its designated agents.


d. **Infringement**: Licensee agrees to promptly notify Amaarte Consultores SRL of any known unauthorized use, reproduction, or distribution of the Digital Wallpaper, which may infringe Amaarte Consultores SRL's intellectual property rights. 


e. **No Waiver**: The failure by Amaarte Consultores SRL to enforce its rights at any time cannot be construed as a waiver of those rights. All rights and remedies available to the Licensor, as provided in this Agreement and by law, are cumulative and not exclusive of any other rights or remedies.


f. **Registration**: The Digital Wallpaper and its associated rights may be registered in various jurisdictions worldwide to further protect its intellectual property. Any attempts to contest such registration or the associated rights of Amaarte Consultores SRL will be met with legal action.


g. **Moral Rights**: To the extent that moral rights are recognized in the Dominican Republic or any other jurisdiction, Amaarte Consultores SRL retains and asserts all moral rights in the Digital Wallpaper. The Licensee shall not undertake or authorize any action that may infringe upon these moral rights.




**4. Termination**:


a. **Breach of Agreement**: If the Licensee breaches any provision of this Agreement, the license granted will automatically terminate. Upon termination, the Licensee must immediately cease all use of the Digital Wallpaper and delete all copies from any devices and storage mediums.


b. **Notification of Termination**: Amaarte Consultores SRL reserves the right to notify the Licensee in writing (including electronically) of the termination of the license due to a breach. Such termination becomes effective immediately upon Licensee's receipt of this notice.


c. **Survival of Terms**: Termination of this license will not affect the enforceability or validity of the intellectual property, restrictions, and indemnification clauses mentioned elsewhere in this Agreement. These clauses will continue to remain in effect even after termination.


d. **No Refunds**: In the event of termination due to a breach by the Licensee, no refunds will be issued for any payments made for the Digital Wallpaper or any other associated services.


e. **Revocation Rights**: Amaarte Consultores SRL retains the right to revoke the license at any point, even without a direct breach by the Licensee, should it believe the Digital Wallpaper is being used in a manner harmful to its interests or reputation. In such cases, the Licensee will be given a notice and a reasonable timeframe to cease use and delete the Digital Wallpaper.


f. **Effects of Termination**: Post-termination, the Licensee is strictly prohibited from any further use, distribution, display, or storage of the Digital Wallpaper. This includes refraining from sharing the Digital Wallpaper in any digital or physical form.


g. **Legal Remedies**: If the Licensee continues to use the Digital Wallpaper after termination, Amaarte Consultores SRL reserves the right to take legal action to enforce its rights and seek damages, if applicable.




**5. Disclaimers**:


a. **As-is**: The Digital Wallpaper is provided "as-is" without any warranties of any kind, either express or implied. Amaarte Consultores SRL makes no representation or warranty of the Digital Wallpaper's fitness for a particular purpose, its accuracy, completeness, or its non-infringement status.


b. **Performance**: Amaarte Consultores SRL does not warrant that the Digital Wallpaper will operate without interruptions, be error-free, or that any defects will be corrected. The overall performance of the Digital Wallpaper may vary depending on the device, operating system, or other software being used by the Licensee.


c. **No Warranty on Compatibility**: While efforts have been made to ensure the Digital Wallpaper's compatibility with a broad range of devices, Amaarte Consultores SRL cannot guarantee that it will work seamlessly on every device or operating system.


d. **No Liability for Damages**: In no event shall Amaarte Consultores SRL be liable for any damages, including but not limited to, direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Digital Wallpaper, even if Amaarte Consultores SRL has been advised of the possibility of such damages.


e. **Third-Party Software**: The Digital Wallpaper may interact with software or services not provided by Amaarte Consultores SRL. Such interactions are not covered by this Agreement, and Amaarte Consultores SRL provides no warranty or support for third-party software or services.


f. **No Other Warranties**: Except as expressly stated in this section, Amaarte Consultores SRL disclaims all other warranties or conditions of any kind, be they express, implied, statutory, or otherwise, including without limitation, warranties of merchantability and fitness for a particular purpose.




**6. Governing Law**:


a. **Jurisdiction**: This License Agreement and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Dominican Republic.


b. **Venue**: Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the courts located in the Dominican Republic. Both parties agree to submit to the authority of said courts for the purpose of litigating any such proceedings.


c. **International Considerations**: If the Licensee accesses or uses the Digital Wallpaper outside the Dominican Republic, they are responsible for compliance with local laws. This Agreement does not negate any rights or obligations imposed under the laws of the Licensee's jurisdiction, to the extent those rights or obligations cannot be waived or excluded.


d. **Conflict of Laws**: This Agreement will be interpreted without regard to any conflict-of-law rules that would lead to the application of the laws of any jurisdiction other than the Dominican Republic.


e. **Modification of Agreement**: The parties acknowledge that this Agreement is the complete and exclusive statement of the mutual understanding of the parties, and it supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.




**7. Contact Information**:


a. **Primary Contact**: For any questions, concerns, clarifications, or feedback regarding this License Agreement or the Digital Wallpaper, Licensees are encouraged to reach out directly to Amaarte Consultores SRL.


b. **Communication Method**: Queries can be submitted via email for the most expedient response.


c. **Email Address**: Licensees can contact Amaarte Consultores SRL at the following email address:


d. **Physical Address**: For written communications or formal notices, Licensees can use the business address of Amaarte Consultores SRL. It's advisable to notify Amaarte Consultores SRL via email if sending important or time-sensitive materials to ensure timely receipt and response.


e. **Response Time**: Amaarte Consultores SRL commits to acknowledging received communications within a reasonable timeframe, typically within 5 business days. However, resolution or detailed responses might take longer based on the complexity of the issue.


f. **Feedback and Suggestions**: Amaarte Consultores SRL appreciates feedback and suggestions from its users. However, any feedback, comments, or suggestions shared with Amaarte Consultores SRL will be considered non-confidential and non-proprietary. Amaarte Consultores SRL will be free to use such feedback as it sees fit without any obligation to the Licensee.

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