Effective as of September 1, 2013 ( Spain ) Spain
This agreement applies to International EMPRESA S.L VAT B00000000., (collectively, referred to herein as “EMPRESA,” “we” or “us”) website located at www.EMPRESA.es / http://store.EMPRESA.es and all associated sites linked to the foregoing by EMPRESA, its subsidiaries and affiliates, including EMPRESA sites around the world (collectively, the “Site”). The Site is the property of EMPRESA and its licensor.
THE TERMS OF USE SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE SITE VIA THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOWN OR IN THE FUTURE DEVELOPED. IN CONSIDERATION FOR ACCESS TO AND/OR USE OF THE SITE, YOU ("YOU", “YOUR”, “USER”, OR, COLLECTIVELY, "USERS”) AGREE TO READ THE TERMS CAREFULLY BEFORE ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND YOU AGREE TO BE BOUND BY THE TERMS. THE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND EMPRESA, AND GOVERN YOUR ACCESS TO AND/OR USE OF THE SITE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CLOSE THE SITE DOWN IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE OR OBTAIN ANY GOODS, SERVICES OR PRODUCTS FROM US.
a.
“Affiliate” means any business entity with which EMPRESA has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities.
b.
“Content” means any intellectual property, data, or communications Transmitted by EMPRESA, Users, or Third Parties via the Site including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos.
c.
“Customer” means a User who has purchased a product.
d.
“Customer Account” means a Customer who has opted to create a unique account on the Site in order to store their Customer Data and allow the Site to provide additional services.
e.
“Customer Data” means personally identifiable information voluntarily Transmitted by a User to the Site in order to purchase a product.
g.
“EMPRESA Content” means Content generated by EMPRESA.
f.
"EMPRESA Technology" means the past, present and future intellectual property comprising the Site, including, but not limited to, all software, code processes, algorithms, user interfaces, know-‐how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the EMPRESA Platform and all other tangible or intangible materials related to, displayed, performed, or distributed on the Site and the Site itself, including, but not limited to, the selection, sequence, "look and feel", and arrangement of items on the Site, and all EMPRESA trademarks, domain names, patents, and other intellectual property.
g.
“Membership Data” means personally identifiable information voluntarily Transmitted by a User to the Site in order to Register with us.
h.
“Register” means to create either a EMPRESA Membership by voluntarily Transmitting Membership Data to the Site.
i.
“Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.
r.
“User” means an individual who accesses and/or uses the Site.
s.
“User Content” means any Content Transmitted by Users.
t.
“Your Content” means any Content You Transmit via the Site.
THE SITE IS NOT INTENDED FOR CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY NOT ACCESS OR USE THE SITE AT ANY TIME OR IN ANY MANNER. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
EMPRESA respects Your privacy and is committed to protecting the personally identifiable information we collect from all Users as You access and/or use the Site via the internet, the world wide web, mobile networks, or any other communication methods now known or in the future developed. Your use of the Site is governed by the Site’s Privacy Policy, and is hereby incorporated into the Terms Of Use by reference. Please read this policy carefully for information related to EMPRESA’s collection, use, and disclosure of Your personally identifiable information.
EMPRESA or an Affiliate may modify, alter, or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing the Terms. Your continued access to and/or use of the Site constitutes Your agreement to all such modifications.
The contents of the Site are intended for the personal, noncommercial use of its users. All materials published on the Site (other than User Content) (including, but not limited to articles, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the Site (collectively, the “EMPRESA Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by EMPRESA or its licensors, software or other materials. EMPRESA grants You a limited, personal, non‐exclusive, non‐transferable, freely revocable license to access and/or use EMPRESA Content and EMPRESA Technology that is on the Site for Your personal use. Furthermore, EMPRESA grants You a limited, personal, non‐ exclusive, non‐transferable, freely revocable license to Transmit EMPRESA Content provided on www.EMPRESA.es via the EMPRESA Technology provided in these sections of the Site.
You may not use the Site for any other purpose without EMPRESA s express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity (“Person”) to (i) take EMPRESA Content from the Site and reformat and display said EMPRESA Content, or mirror and/or frame any pages of the Site or any portion thereof on any other website (whereby the Site or a portion thereof will appear on a user’s screen with a portion of another website, or with content or advertising of any Person without EMPRESA’s prior written consent); (ii) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; (iii) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (iv) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any EMPRESA Content on the Site; or (v) Co-brand the Site or any portion thereof. “Co-branding” means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the website the impression that such the Person is associated or affiliated with EMPRESA, or has the right to display, publish, transmit or distribute the Site or content accessible within the Site. In addition, You may not and may not authorize any Person to link to any part of the Site without EMPRESA’s prior written consent. You agree to cooperate with EMPRESA in causing any unauthorized activity set forth above to immediately cease. You may not take any action that violates the Terms. Furthermore, You may not, under any circumstances, (a) modify the information on the Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another Person. In addition, you may not use any meta tags or any other “hidden text” utilizing EMPRESA’s or its licensor’s name or trademarks without the express prior written consent of EMPRESA
Illegal and/or unauthorized uses of the Site, including collecting Customer and/or Membership Data, or other personally identifiable information of Customers and/or Members by electronic or other means, or the sending unsolicited e-‐mail, unauthorized framing of or linking to the Site, or any other use not expressly permitted in the Terms will be investigated, and legal action may be taken, including, without limitation, termination of Your Customer Account, as well as civil, criminal, and injunctive redress. In addition to the above restrictions, You may not authorize, enable, or otherwise grant to any other person, organization, company, or business access to Customer Account.
You acknowledge that if You violate this provision of the Terms, in addition to all other remedies available to EMPRESA , we will be entitled to liquidated damages in the amount of 50,000€ You agree and acknowledge that these liquidated damages are a fair and accurate estimate of EMPRESA’s actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against you.
You agree that any information, feedback, questions, comments and/or submissions to any of the Forums (including, without limitation, EMPRESA sites) (as discussed below) or the like that You provide to us in connection with any Site (collectively, “Submissions”) will be deemed to have been provided to us on a non-confidential and non-proprietary basis, and You grant EMPRESA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EMPRESA, its Affiliates and their respective sublicensees the right to use the name that You submit in connection with such content, if they choose. We will have no obligations or liability of any kind to You or any third party with respect to any Submission and shall be free to reproduce, use, disclose, distribute and/or otherwise exploit any Submission for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in any Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without Your approval or compensation to You. You waive any rights You may have in modifications or alterations to Your Submissions or in the event that Your Submission is changed in a manner not agreeable to You. In addition, You hereby waive all moral rights You may have in any materials uploaded to the Site or sent to us by You.
All messages transmitted to EMPRESA or the Site will be readily accessible to the general public. You should not use the Site to transmit any communication, which You intend only the intended recipient(s) to read. Notice is hereby given that any and all messages and videos uploaded to the Site can and may be read and/or viewed by the operators of the Site and others who have access to the Site, regardless of whether or not the operators or community are the intended recipients of such messages.
To enable EMPRESA to use the information You supply to us through Your Submissions, and so that We are not violating any rights You might have in that information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any copyright, publicity and database rights You have in that information, in any media now known or developed in the future, with respect to your information. However, EMPRESA will only use Your personal information in accordance with our Privacy Policy.
If You believe that the content of any Submission provided by You, or any Content appearing on the Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) in accordance with our Policy.
You are solely responsible for any and all use of EMPRESA Account. You are solely responsible for the confidentiality and security of Your EMPRESA account username and password. You agree to immediately notify EMPRESA of any actual or suspected breach of security or unauthorized use.
Unless otherwise noted, all Content on the Site that is not User Content is EMPRESA Content and is owned, controlled, or licensed by EMPRESA and is protected by copyright, trademarks, service marks, and/or other intellectual property rights. You agree that You shall acquire no rights in EMPRESA Content or in EMPRESA Technology unless otherwise noted in writing by EMPRESA. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit EMPRESA Content for commercial use in any way without the prior written consent of EMPRESA.
a.
License to Access and/or Use
EMPRESA grants You a limited, personal, non-‐exclusive, non-‐transferable, freely revocable license to access and/or use EMPRESA Content and EMPRESA Technology that is on the Site for Your personal use. Furthermore, EMPRESA grants You a limited, personal, non-‐ exclusive, non-‐transferable, freely revocable license to Transmit EMPRESA Content provided via the EMPRESA Technology provided in these sections of the Site. You may only Transmit the EMPRESA Content in these sections of the Site and it may only be Transmitted via the EMPRESA Technology provided in these sections of the Site. All other Transmission of EMPRESA Content or EMPRESA Technology is strictly prohibited. You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the EMPRESA Content or EMPRESA Technology in any manner unless otherwise noted in writing by EMPRESA. This limited license terminates automatically, without notice to You, if You breach any of the Terms.
b.
Reservation of Rights.
EMPRESA reserves all rights not expressly granted in the Terms unless otherwise noted in writing by EMPRESA
c.
Prevention of Unauthorized Use.
EMPRESA reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, EMPRESA Content, and EMPRESA Technology, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
d.
License Grant to EMPRESA
By Transmitting Your Content on the Site or via EMPRESA Technology, you thereby grant EMPRESA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any media in any way and in any commercial or non-‐ commercial medium or form without compensation.
You acknowledge that EMPRESA and its designees reserve the right, but shall have no obligation, to pre-‐screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on the Site in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
e.
License Grant to Other Members
By Transmitting Your Content on the Site or via EMPRESATechnology, You thereby grant to each User that is authorized to access Your Content a non-‐exclusive license to access, use, and/or Transmit Your Content under the Terms and Community Guidelines. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your Content at least a limited, non-‐ exclusive, license to view, Transmit, print and have printed Your Content for personal use in the manner contemplated by the Terms.
f.
User Content Representations and Warranties.
You are solely responsible for Your Content and all the consequences of Transmitting Your Content. By Transmitting Your Content, You affirm, represent, and warrant that (i) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize EMPRESA and other Users to use Your Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by EMPRESA and the Terms; (ii) Your Content does not and will not slander, defame, or libel any other person; (iii) the use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-‐party right, including, without limitation, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code; and (v) Your Content is free of any digital rights management, including, without limitation, any software designed to limit the number of times Your Content may be copied or played. Violators of the Terms may be subject to criminal and civil liability. EMPRESA reserves all rights and remedies against any Users who violate the Terms.
g.
User Content Disclaimer
You understand that when using the Site You will be exposed to User Content from a variety of sources, and that EMPRESA is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against EMPRESA with respect thereto. EMPRESA does not endorse any User Content and cannot vouch for its accuracy or appropriateness or any opinion, recommendation, or advice expressed therein, and EMPRESA expressly disclaims any and all liability in connection with User Content. If notified by a User or a Content owner of User Content that allegedly does not conform to the Terms, EMPRESA may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, EMPRESA does not permit copyright or trademark infringing activities on the Site.
h.
Removal of User Content
EMPRESA may, but is under no obligation to, monitor Your conduct with respect to Your use of the Site for violations of the Terms. EMPRESA may remove any or all of Your Content posted on or through the Site and/or terminate Your access to and/or use of the Site if EMPRESA suspects a violation of the Terms. EMPRESA may also suspend or terminate Your Customer Account, if EMPRESA deems it necessary in order to protect the Site, EMPRESA its parent, affiliates, directors, officers, agents, and employees from any form of harm.
EMPRESA respects the intellectual property of others, and we ask that You, Users, and Customers and to the Site do the same.
If You believe that one of our Customers or Users is, through the use of one of Our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed from Our Site(s), the following information in the form of a written notification must be provided to EMPRESA’s designated Copyright Agent:
a.
Identification of the copyrighted work(s) that You claim to have been infringed
b.
Identification of where the infringing material is located on EMPRESA’s Site
c.
A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law
d.
A statement that the information in the notification is accurate, and that under penalty of perjury, You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner
e.
Your address, telephone number, and e-mail address
f.
Your physical or electronic signature
The designated Copyright Agent for EMPRESA is:
Sergio Lopez
International EMPRESA S.L.
Pol Ind El Plligono calle seis 27 25000 Pueblo España
Telephone: +34 955 11 95 11
E-mail: direccionfinanciera@EMPRESA.es
While EMPRESA reserves the right, but has no obligation, to monitor or moderate disputes between You, You are solely responsible for Your interactions with other EMPRESA sites.
You are solely responsible for Your Content and all the consequences of Transmitting Content . You understand that You are solely responsible for any interaction with any EMPRESA sites that take place outside of the Site whether online or offline.
The Site may contain links to other websites operated by persons or entities other than EMPRESA. The links are provided as a resource only and the links may redirect You off of the Site to a third party website. Interactions and/or transactions that occur between You and any such third party are strictly between You and that third party and are not the responsibility of EMPRESA. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. EMPRESA does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or webmaster of the third party website. By offering links, EMPRESA is not implying that it endorses anything contained on those third party websites or has any association with the operators of the third party websites.
EMPRESA may discontinue or change any Content, service, function, or feature at any time with or without notice.
a.
You represent, warrant and covenant (1) that no materials of any kind submitted by You or through Your account, or EMPRESA’s use thereof in accordance with the terms and conditions of this Agreement, will (A) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (B) contain unlawful material, or otherwise violate any applicable laws, rules or regulations; (C) constitute false or misleading indications of origin or statements of fact; (D) slander, libel or defame any person or entity; or (E) cause injury of any kind to any person or entity; and (2) that You are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.
b.
EMPRESA makes no representation that the Content on the Site is appropriate for access outside of the European Union. Those who choose to access the Site from outside of theEuropean Union do so on their own initiative and are responsible for compliance with local laws.
c.
EMPRESA neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site by any User, information provider or any other person or entity. THE SITES, THE PRODUCTS AND ANY MATERIALS PROVIDED BY EMPRESA OR THIRD PARTIES THROUGH THE SAME ARE PROVIDED "AS IS." EMPRESA MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES (EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY), CONDITIONS, GUARANTIES, OR REPRESENTATIONS, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE. EMPRESA DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. EMPRESA MAY CHANGE ANY INFORMATION OR CONTENT FOUND ON THE SITE AT ANY TIME WITHOUT NOTICE, BUT MAKES NO COMMITMENT TO UPDATE ANY INFORMATION OR CONTENT FOUND ON THE SITE.
d.
You hereby acknowledge that the use of the Site and the Content available thereon is at Your sole risk.
Products are described and represented as accurately as possible so Users/Customers understand the products they are viewing and purchasing. No guarantee is made regarding color representation as color may vary due to computer monitors, software, hardware and internet connections. In the event of a typographical error, pictorial error, technical error or other inaccuracy, EMPRESA reserves the right to make improvements, corrections or changes without notice. EMPRESA reserve the right to change formulation or packaging at any time without notice. EMPRESA reserves the right to change pricing without notice.
The information, services, commentary, Content and products on the Site are not intended to replace consultation with a healthcare provider, mental health professional or lawyer. The information on the Site should not be relied upon to diagnose or treat any ailment or condition or to answer any legal question. All information, services, commentary, Content and products on the Site is for general informational purposes only. Questions or concerns should be referred to an appropriate professional in the healthcare, mental health or legal field.
All products sold by EMPRESA are for novelty use/purposes only. EMPRESA does not incur or take any responsibility for personal usage of any product sold or obtained from the Site. Customers must read any literature included with the products sold on the Site for usage information.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMPRESA, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-‐PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-‐PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH EMPRESA, EVEN IF EMPRESA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,EMPRESA’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED EUROS (100.000€).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
18. Indemnification
You hereby agree to indemnify, defend and hold EMPRESA, its affiliates and their respective officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of (a) Your Content, and/or (ii) any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. EMPRESA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement which affects the rights of EMPRESA without EMPRESA’s prior written approval.
The failure of EMPRESA to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of EMPRESA.
The Terms have been made in and shall be construed and enforced in accordance with the laws of the Spain without regard to any conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to the Terms Of Use or EMPRESA will be filed only in the European Union, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.
You agree to first try to resolve any controversy, claim, or dispute arising out of or relating to the Terms or the access and/or use of the Site, with the help of a mutually agreed upon mediator in Spain. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. Attorney fees associated with the mediation shall be paid by the respective parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in Spain. Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the European Union, and judgment on the award rendered by the arbitrator(s) may be entered in the European Union. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
If any litigation or arbitration is necessary to enforce the Terms the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by EMPRESA without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
The Terms create no agency, partnership, joint venture, or employee-‐employer relationship between You and EMPRESA unless otherwise noted in writing by EMPRESA
The Terms, the Privacy Policy and any other terms referenced in the Terms are the entire agreement between You and EMPRESA relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by EMPRESA as set forth in Section IV of the Terms.
Any comments, complaints, or requests for further information can be directed to:
INTERNATIONAL EMPRESA S.L.
Pol. Ind El Plligono calle seis 27
Spain, 25000
Phone: +34 955 63 03 77 from 9am to 6pm CST
Email: info@EMPRESA.es
Copyright © INTERNATIONAL EMPRESA S.L- . All rights reserved. All materials found on any the Site are protected by European Union and international copyright laws and treaty provisions and may not be reproduced, copied, edited, published, transmitted, uploaded, distributed, publicly performed or otherwise used in any manner, except with the prior express permission of EMPRESA. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided herein. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted herein is a violation of EMPRESA’s copyright and/or other proprietary rights. The use of any materials from the Site on any other website or networked computer environment is prohibited.