THIS DOCUMENT IS PROVIDED TO YOU IN ENGLISH, BUT CAN BE TRANSLATED INTO ANY OTHER
LANGUAGE BY CUTTING AND PASTING THE FOLLOWING TEXT INTO AN ONLINE TRANSLATION SERVICE
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PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Use Agreement (“Agreement”) for europapi.com and euromami.com
(“Sites,” “we,” “us,” or “our”). The Sites are provided by Grupo Aterces, S.L. This
Agreement governs only the content, features and activities related to the Sites
and does not cover any other websites for Grupo Aterces, S.L., the Parent Company
or the Affiliates, or any other company, unless specifically stated.
These terms and conditions regarding your use of the Sites constitute a legally
binding agreement between you and the Sites and Grupo Aterces, S.L.. In this Agreement,
the term “Sites” includes all websites and webpages within the Sites as well as
any equivalent, mirror, replacement, substitute or backup websites and webpages
that are associated with the Sites. By using this Sites, you understand, acknowledge
and agree that you will abide by the terms of this Agreement and any additional
terms that govern certain products and services, which will be presented in conjunction
with those products and services (“Additional Terms”), including the
User Content Submission Agreement which governs your submission
of User Content as such term is defined therein. The Sites may also provide rules
of participation (“Rules”) for certain activities and services including, but not
limited to, contests and sweepstakes, award programs, membership clubs, email, and
dating services. The Sites’ Additional Terms,
Privacy Policy and the Rules are hereby incorporated in
this Agreement by reference. To the extent that there is a conflict between this
Agreement and Additional Terms for the activity in which you choose to participate,
the Additional Terms shall govern. To the extent that there is a conflict between
this Agreement and the specific Rules for the activity in which you choose to participate,
the Rules shall govern. This Agreement will remain in full force and effect as long
as you are a user of the Sites and in the event of termination of any membership,
service or feature, you will still be bound by your obligations under this Agreement,
the
Privacy Policy, any Additional Terms or Rules, including any indemnifications,
warranties and limitations of liability.
The words “use” or “using” in this Agreement means any time an individual (a “user”),
directly or indirectly, with or without the aid of a machine or device, does or
attempts to access, interact with use, display, view, print or copy from the Sites,
transmit, receive or exchange data or communicate with the Sites, or in any way
utilizes, benefits, takes advantage of or interacts with any function, service or
feature of the Sites, for any purpose whatsoever. This Agreement does not cover
your rights or responsibilities with respect to third party content or sites or
any links that may direct your browser or your connection to third party sites or
pages. This is the entire and exclusive Agreement between you and us regarding use
of the Sites and it cannot be modified, except as specifically described below in
Section 2.
1. REGISTRATION We may require each user to have a unique user name and password
combination in order to access and use certain features or functions of the Sites
and may also, from time to time, provide users with additional codes or passwords
necessary to access and use certain features or functions of the Sites. Please read
our
Privacy Policy, which describes the personally identifiable information
(“Personal Information”) we collect, use, disclose, manage and store. As part of
the registration process for the feature or function, you will choose a user name
and password (or we may assign an initial password which we will give you the option
to change). Your user name and password are personal to you and you may not allow
any others to use your user name or password under any circumstances. We are not
liable for any harm caused or related to the theft or misappropriation of your user
name or password, disclosure of your user name or password, or your authorization
of anyone else to use your user name or password. You agree to immediately notify
us if you become aware of or believe there is or may have been any unauthorized
use of (or activity using) your user name or password or any other need to deactivate
your user name or password due to security concerns.
2. MODIFICATIONS We reserve the right, at any time and from time to time, for any
reason in our sole discretion, to change the terms of this Agreement. We will post
or display notices of material changes on the Sites and/or we may also e-mail you
about these changes; the form of such notice is at our discretion. Once we post
them on the Sites, these changes become effective immediately and if you use the
Sites after they become effective it will signify your agreement to be bound by
the changes. You should check back frequently and review the terms and conditions
of this Agreement, including, but not limited to, the User Content Submission Agreement,
other Additional Terms, Rules and Privacy Policy, regularly so you are aware of
the most current rights and obligations that apply to you and the terms and conditions
of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY The contents of the Sites, including all Site
software, design, text, images, photographs, illustrations, audio and video material,
artwork, graphic material, databases, proprietary information and all copyrightable
or otherwise legally protectable elements of the Sites, including, without limitation,
the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks,
service marks and trade names (individually and/or collectively, “Material”), are
the property of Grupo Aterces, S.L., and its Affiliates, and any of their successors
and assigns, and any of their respective licensors, Advertisers (as defined below),
suppliers, and operational service providers and are legally protected, without
limitation, under Spanish law, as well as applicable foreign laws, regulations and
treaties. Unless the context clearly requires otherwise or we explicitly say so
in writing, the term “Sites” includes “Material” as well. The Sites are to be used
solely for your non-commercial, non-exclusive, non-assignable, non-transferable
and limited personal use and for no other purposes. You must not alter, delete or
conceal any copyright or other notices contained on the Sites, including notices
on any Material you download, transmit, display, print or reproduce from the Sites.
You shall not, nor will you allow any third party (whether or not for your benefit)
to reproduce, modify, create derivative works from, display, perform, publish, distribute,
disseminate, broadcast or circulate to any third party (including, without limitation,
on or via a third party website), or otherwise use, any Material without the express
prior written consent of Grupo Aterces, S.L. or its owner if Grupo Aterces, S.L.
is not the owner. Any unauthorized or prohibited use of any Material may subject
you to civil liability, criminal prosecution, or both, under applicable laws. We
require users to respect our copyrights, trademarks, and other intellectual property
rights. We likewise respect the intellectual property of others. On notice, we will
act expeditiously to remove content on the Sites that infringes the copyright rights
of others and will disable the access to the Sites and its services of anyone who
uses them to repeatedly infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore
employ multiple measures to prevent copyright infringement over the Sites and to
promptly end any infringement that might occur. If you believe that the Sites contain
elements that infringe your copyrights in your work, please follow the procedures
set forth in our
Compliance Policy.
4. ADVERTISING From time to time, you may communicate with, receive communications
from, be re-directed to, interact with, or participate in or use the services or
obtain goods and services of or from, third parties (collectively, the “Advertisers”)
such as our advertisers, sponsors, or promotional partners as a result of your use
of the Sites. All such communication, interaction and participation is strictly
and solely between you and such Advertisers and we shall not be responsible or liable
to you in any way in connection with these activities or transactions (including,
without limitation, any representations, warranties, covenants, contracts or other
terms or conditions that may exist between you and the Advertiser or any goods or
services you may purchase or obtain from any Advertiser).
5. RULES OF CONDUCT Your use of the Sites is subject to all applicable laws and
regulations and, in some cases, international treaties. You are solely responsible
for all activities, acts and omissions that occur in, from, through or under your
user name or password. You shall not use, allow, or enable others to use the Sites,
or knowingly condone use of the Sites by others, in any manner that is, attempts
to, or is likely to: be libellous, defamatory, indecent, vulgar or obscene, pornographic,
sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive,
harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory,
or abusive, or which may or may appear to impersonate anyone else; affect us adversely
or reflect negatively on us, the Sites, our goodwill, name or reputation or cause
duress, distress or discomfort to us or anyone else, or discourage any person, firm
or enterprise from using all or any portion, features or functions of the Sites,
or from advertising, linking or becoming a supplier to us in connection with the
Sites; send or result in the transmission of junk e-mail, chain letters, duplicative
or unsolicited messages, or so-called “spamming” and “phishing”; be used for commercial
or business purposes, including, without limitation, advertising, marketing or offering
goods or services, whether or not for financial or any other form of compensation
or through linking with any other website or webpages; transmit, distribute or upload
programs or material that contain malicious code, such as viruses, timebombs, cancelbots,
worms, trojan horses, spyware, or other potentially harmful programs or other material
or information; forge any TCP/IP packet header or part of the header information
in any email or newsgroup posting for any reason; violate any laws, regulations
(including, without limitation, laws regarding the transmission of technical data
or software exported from any country), judicial or governmental order or any treaties,
or violate or infringe upon any intellectual property rights, rights of publicity
or privacy or any other rights of ours or of any other person, firm or enterprise;
gain unauthorized access to the Sites, other users’ accounts, names, passwords,
personally identifiable information or other computers, websites or pages, connected
or linked to the Sites or to use the Sites in any manner which violates or is inconsistent
with the terms and conditions of this Agreement; modify, disrupt, impair, alter
or interfere with the use, features, functions, operation or maintenance of the
Sites or the rights or use and enjoyment of the Sites by any other person, firm
or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete,
revise, view or display any material or information, whether personally identifiable
or not, posted by or concerning any other person, firm or enterprise, in connection
with their or your use of the Sites, unless you have obtained the express, prior
permission of such other person, firm or enterprise to do so.
6. SHOPPING If e-commerce is offered on the Sites, any e-commerce on the Sites is
brought to you by Grupo Aterces, S.L. All goods and services offered for sale on
the Sites (“Products”) are guaranteed by the manufacturer, licensor or distributor
against defects in material and workmanship for 30 days from the date of the invoice.
Within that time period, just contact Customer Service and we will coordinate attempting
to correct, repair or replace the defective Product or, if applicable, in obtaining
a refund for you. We have no responsibility or liability whatsoever for goods or
services you may obtain from or through other websites or webpages, even if you
were directed or linked to such a site or page through the Sites, nor are we responsible
for assisting you in correcting any problem you may experience with Products if
you do not notify us within the 30 day period noted above or for any goods or services
not obtained directly on the Sites. You agree that your sole and exclusive remedy
and our sole, exclusive and maximum liability arising from or relating in any way
to any Product shall be the amount you actually paid us (or our suppliers, operational
service providers, or other e-commerce partners) for it.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND
ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT
AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES
OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR
A PARTICULAR PURPOSE.
Products may be purchased while supplies last. If a Product is listed at an incorrect
price or with incorrect information, we reserve the right to refuse or cancel orders
placed for that Product, whether or not the order has been confirmed and even if
your account has been charged (in which event we will issue a credit to your account
in the amount of the charge).
Our creation or transmission of an order confirmation does not signify acceptance
of your order, nor constitute a binding confirmation of an offer to sell any Product
and we reserve the right to accept or decline your order for any reason up until
the time the Product is actually delivered to you. We reserve the right at any time,
without prior notice, to limit or reduce the quantity you ordered of any Product
and we will notify you if we do so. All orders placed over 500 € (Euros) must obtain
pre-approval with an acceptable method of payment, as established by our credit
and authorization policies and practices in effect at the time of your order. We
may contact you and require additional information from you before we grant such
pre-approval. Products on the Sites are offered for sale only to end user customers
or as personal gifts to end user customers and not for resale. We do not knowingly
accept orders from dealers, exporters, wholesalers, distributors, resellers or other
similar persons or companies, and reserve the right to refuse, cancel or seek the
return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable
taxes/IVA/VAT will be added to the amount charged for Products purchased on the
Sites. If an order consists of multiple items, they may be shipped separately depending
on availability.
7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES Grupo Aterces, S.L.
may provide its website users and viewers with the opportunity to register for special
promotions, services, news, programming and information delivered via text messaging
and other wireless devices such as mobile phones. Users are required to provide
their consent to receive such information from Grupo Aterces, S.L., either by registering
on the Sites or via their wireless device. Such services and promotional opportunities
are provided by the Parent Company or Affiliates for Grupo Aterces, S.L. The information
requested as part of the online registration process is a user’s telephone number
or a wireless email address, but only if specifically requested, and the carrier’s
name. Optional information may be requested for specific promotions, such as a user’s
preferences regarding goods or services, choices of music or artists, or other similar
survey information. Depending on the promotion, we may also collect an Internet
email address or other information and, depending on the information collected,
the user may also be required to confirm his or her agreement to the Sites’ Agreement,
including, without limitation, its
Privacy Policy.
Users that register for Grupo Aterces, S.L.’s wireless marketing services acknowledge,
understand and agree that they will be charged by the user’s wireless carrier for
all messages sent to the user from Grupo Aterces, S.L. Standard messaging rates
will apply, unless noted otherwise. Under no circumstances will Grupo Aterces, S.L.
or any Affiliates be responsible for any wireless email or text messaging charges
incurred by a user or by a person that has access to a user’s wireless device, telephone
number, or email address.
A user understands, acknowledges and agrees that Grupo Aterces, S.L. may, at its
sole discretion and without liability to any user, terminate its offer of any specific
wireless marketing service or all wireless marketing services at any time without
advance notice. Grupo Aterces, S.L. may provide notice of terminations or changes
in services on the Sites.
8. VIRAL FEATURES There may be portions of our Sites, functionality or features
(e.g, digital streaming media player(s)) (“Viral Features”) that we make available
to users for your personal use. While we can obviously change how, to whom and to
what extent we make these Viral Features available at any time without any notice
and in our sole discretion, so long as they are available to you, whenever you visit
our Sites or take advantage of any of these Viral Features (whether you use these
Viral Features on your own personal or customized web pages, whether they are displayed
or appear embedded or housed within a web page or website of anyone else, whether
a commercial website or web page, an advertisement, promotional message or even
a personalized or customized web page of a friend or through any device that can
access any of these Viral Features) you are bound by the applicable provisions of
this Agreement and our
Privacy Policy.
9. POSTINGS Your comments, suggestions and information are important to us. Portions
of the Sites may provide you and other users an opportunity to participate in forum
services, blogs, web communities and other message and communication facilities
(“Communities”) and may provide you with the opportunity, through such Communities
or otherwise, to submit, post, display, transmit and/or exchange (a) information,
ideas, opinions, messages or other information (“Post” or “Postings”) and (b) User
Content (as defined in the
User Content Submission Agreement), your submission of
which is also governed by the terms and conditions therein, and considered a Posting
for purposes of this Agreement . You understand, acknowledge and agree that such
Postings are the sole responsibility of the person from which such Postings originated.
This means that you are solely and entirely responsible for the consequences of
all Postings that you upload, post, email, transmit or otherwise make available
via the Sites. Postings do not reflect the views of the Sites, Grupo Aterces, S.L.,
the Parent Company or the Affiliates. We reserve the right to monitor, edit or screen
any Postings.
If we determine, in our sole discretion and judgment, that any Posting does or may
violate any of the terms of this Agreement, we reserve the right, at any time and
without limiting any and all other rights we may have under this Agreement, at law
or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings;
(c) revoke your right to use the Sites; and/or (d) use any technological, legal,
operational or other means available to us to enforce the provisions of this Agreement,
including, without limitation, blocking specific IP addresses or deactivating your
registration on the Sites.
If a Posting originates from you or your account, you hereby agree that: (a) you
specifically authorize the Sites, Grupo Aterces, S.L., the Parent Company and their
Affiliates to use such Posting in whole or in part, throughout the universe, in
perpetuity in or on any and all media, now known or hereafter devised, and alone
or together or as part of other information, content and/or material of any kind
or nature; (b) you represent and warrant that (i) the Posting is original to you
and/or fully cleared for use as contemplated herein, (ii) the Posting does and will
not, in any way, violate or breach any of the terms of this Agreement, (iii) the
Posting does not contain libellous, tortious, or otherwise unlawful information,
infringe or violate any copyright or other right, or contain any matter the publication
or sale of which will violate any laws or regulation, (iv) the Posting is not obscene
or in any other manner unlawful, (v) the Posting shall not be injurious to the health
of the user, and (vi) we shall not be required to pay or incur any sums to any person
or entity as a result of our use or exploitation of the Posting; and© if your Posting
incorporates the name, logo, brand, service or trademark, voice, likeness or image
of any person, firm or enterprise, you specifically represent and warrant that )
(i) you have the right to grant the Sites, Grupo Aterces, S.L., the Parent Company
and the Affiliates the right to use all such Postings as described above, (ii) the
Posting was produced in compliance with all applicable laws and regulations and
(iii) for any User Content that contain original videos, you will comply with any
applicable identification verification and record-keeping requirements, and you
will secure and maintain the requisite personal information and identification documentation
for all individuals who appear in any such original videos, as may be required by
law and/or otherwise requested or required by us in connection with our corporate
compliance policies and practices, which includes (y) individual's full legal name,
current address, date of birth and (z) a legible photocopy of a valid government-issued
identification document (e.g., a passport, driver's license or valid photo ID card)
to verify the individual's identity. With the submission of each such Posting, you
must deliver a full and complete set of such identification verification records
to us, as well as a legible photocopy of your valid driver's license, passport or
other acceptable government-issued photo identification for our verification and
record-keeping purposes. In addition, you specifically acknowledge and agree to
abide by our policies regarding governmental certification procedures relating to
the foregoing identification verification and record-keeping procedures and, if
applicable, you will promptly comply with any specific requests or directions we
give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format
and/or change your Postings in any manner that we may determine (although you will
not be responsible for any such changes made).
The amount of storage space on the Sites per user is limited. Some Postings may
not be processed due to space constraints or outbound message limitations. You understand,
acknowledge and agree that we assume no responsibility for deletion of Postings
or any failure to store, receive or deliver Postings in a timely manner or any other
matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any manner which
does or is intended to promote or generate revenue for any business enterprise or
commercial activity.
If you believe that any content on the Sites (including, without limitation, Postings)
violates any of the terms of this Agreement (except for any notices covered by the
Copyright Compliance Policy), please send us a message about it (please refer to
our Copyright
Compliance Policy for any notices covered by the Copyright
Compliance Policy). We cannot guarantee that we will respond to your message and
we reserve the right to take or refrain from taking any or all steps available to
us once we receive any such message.
10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS From time to time, Grupo Aterces,
S.L., the Parent Company, the Affiliates or the Sites’ operational service providers,
suppliers, and Advertisers, may conduct promotions on or through the Sites, including,
without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion
may have Additional Terms and/or Rules which will be posted or otherwise made available
to you and, for purposes of each Promotion, will be deemed incorporated into and
form a part of this Agreement.
11. PODCASTING The Sites may provide podcasts (“Podcasts”) consisting of selected
audio content from the Sites, available at europapi.com that is provided over the
Internet using an XML feed and an associated audio file so that the audio file may
be downloaded and played from a user’s computer or transferred to a portable listening
device. Certain software and hardware is required for users to download and play
Podcasts.
Podcasts are protected by all applicable foreign laws, regulations and treaties,
and all rights in and to the Podcasts are reserved to Grupo Aterces, S.L. or the
content provider. Podcasts are available for personal, noncommercial use only and
you may download, copy and/or transfer to a portable listening device or a computer
the Podcasts for your personal, non-commercial use only. You shall not, nor will
you allow any third party to reproduce, modify, create derivative works of, display,
perform, publish, distribute, disseminate, broadcast or circulate to any third party,
or otherwise use any Podcasts except as expressly authorized in this Section 11.
By your access to and use of Podcasts, you understand, acknowledge and agree that
the Sites, Grupo Aterces, S.L. and its Affiliates do not warrant that its podcasting
service will operate on all user equipment. Please see our “Disclaimer and Limitations
of Liability” section for further details.
12. HYPERLINKS TO THIRD PARTY SITES The appearance, availability, or your use of
URLs or hyperlinks referenced or included anywhere on the Sites or any other form
of link or re-direction of your connection to, with or through the Sites, does not
constitute an endorsement by, nor does it incur any obligation, responsibility or
liability on the part of the Sites, Grupo Aterces, S.L., the Parent Company or any
of the Affiliates, any of their successors and assigns, and any of their respective
officers, directors, employees, agents, representatives, licensors, Advertisers,
suppliers, and operational service providers. We do not verify, endorse, or have
any responsibility for, any such third party sites, their business practices (including
their privacy policies), or any goods or services associated with or obtained in
connection with any such site, whether the Sites’, Grupo Aterces, S.L., the Parent
Company's or any of the Affiliates' logo or sponsorship identification is on the
third party site as part of a co-branding or promotional arrangement. If any third
party site obtains or collects Personal Information from you, in no event shall
we assume or have any responsibility or liability. Please read our
Privacy Policy which describes how Grupo Aterces, S.L.
collects and uses your Personal Information and co-branding relationships.
13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE If you are registered to
use the Sites, you may deactivate your account on the Sites, at any time and for
any reason, by emailing info@aterces.com with “Account Termination” listed in the
subject line. Be sure to include your Europapi.com or Euromami.com user name, the
email address you used to register the account and a brief reason for terminating
your account. We may terminate your use of and registration on the Sites, at any
time and for any reason, with or without cause, without prior notice to you and
without any liability or further obligation of any kind whatsoever to you or any
other party.
14. DISCLAIMER AND LIMITATIONS OF LIABILITY THE SITES, AND ALL MATERIALS, PRODUCTS
AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT
ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY
OR ASSURANCE THE SITES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES,
FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting
the foregoing, we are not responsible or liable for any malicious code, delays,
inaccuracies, errors, or omissions arising out of your use of the Sites. You understand,
acknowledge and agree that you are assuming the entire risk as to the quality, accuracy,
performance, timeliness, adequacy, completeness, correctness, authenticity, security
and validity of any and all features and functions of the Sites, including, without
limitation, Postings and Materials associated with your use of the Sites.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITES,
GRUPO ATERCES, S.L., THE PARENT COMPANY, ANY OF THE AFFILIATES, OR THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS,
OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR
INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITES OR FROM THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this
Agreement may or does fail of its essential purpose, you specifically acknowledge
and agree that your sole and exclusive remedy for any loss or damage shall be to
have Grupo Aterces, S.L., upon written notice from you to us, attempt to repair,
correct or replace any deficient goods or services under this Agreement and, if
repair, correction or replacement is not reasonably commercially practicable for
Grupo Aterces, S.L., to refund any monies actually paid by you for the Products
involved and to terminate and discontinue your use of the Sites. You further understand
and acknowledge the capacity of the Sites, in the aggregate and for each user, is
limited. Consequently some messages and transmissions may not be processed in a
timely fashion or at all, and some features or functions may be restricted or delayed
or become completely inoperable. As a result, you acknowledge and agree that Grupo
Aterces, S.L. and the Parent Company assume no liability, responsibility or obligation
to transmit, process, store, receive or deliver transactions or Postings or for
any failure or delay associated with any Postings and you are hereby expressly advised
not to rely upon the timeliness or performance of the Sites for any transactions
or Postings. Some jurisdictions do not allow for the exclusion of certain warranties
or certain limitations on damages and remedies, accordingly some of the exclusions
and limitations described in this Agreement may not apply to you.
15. INDEMNIFICATION You agree to indemnify, defend and hold the Sites, Grupo Aterces,
S.L., the Parent Company and any of the Affiliates, or any of their successors and
assigns, and any of their respective officers, directors, employees, agents, representatives,
licensors, Advertisers, suppliers, and operational service providers harmless from
and against any and all claims, actions, losses, expenses, damages and costs (including
reasonable attorneys’ fees), resulting from any breach or violation of this Agreement
by you, or public posting of your Postings.
Grupo Aterces, S.L. reserves the right to assume, at its sole expense, the exclusive
defence and control of any such claim or action and all negotiations for settlement
or compromise, and you agree to fully cooperate with Grupo Aterces, S.L. in the
defence of any such claim, action, settlement or compromise negotiations, as requested
by Grupo Aterces, S.L.
16. PRIVACY We respect your privacy and the use and protection of your Personal
Information. Please see our
Privacy Policy for important information and disclosures
relating to the collection and use of your Personal Information in connection with
your use of the Sites.
17. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS This Agreement, together
with any Additional Terms, Rules, our
Privacy Policy, and any other regulations, procedures and
policies which we refer to and which are hereby incorporated by reference, contains
the entire understanding and agreement between you and the Sites and supersedes
any and all prior or inconsistent understandings relating to the Sites and your
use of the Sites. This Agreement cannot be changed or terminated orally. If any
provision of this Agreement is held to be illegal, invalid or unenforceable, this
will not affect any other provisions and the Agreement will be deemed amended to
the extent necessary to make it legal, valid and enforceable. Any provision which
must survive in order to allow us to enforce its meaning shall survive the termination
of this Agreement; however, no action arising out of this Agreement or your use
of the Sites, regardless of form or the basis of the claim, may be brought by you
more than one (1) year after the cause of action has arisen (or if multiple causes,
from the date the first such cause arose).
This Agreement and your use of the Sites is governed by, construed and enforced
in accordance with the laws of Spain. For the purposes of any and all legal or equitable
actions, you specifically agree and submit to the exclusive jurisdiction and venue
of Spain and agree you will not object to such jurisdiction or venue on the grounds
of lack of personal jurisdiction, or otherwise. To the extent it may be applicable,
you agree to opt out from and expressly exclude any applicability of the Uniform
Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO
ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF
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