Urbangest Desarrollos SL TERMS OF SERVICE. In compliance with USA
FCC rules , EU IT Directive , Dutch IT law.
These Terms of Service are a legal agreement between You and Urbangest
Desarrollos SL and the services the company and it's affiliated companies
or branches (hereinafter to be collectively called: "Urbangest
Desarrollos SL", "WE" , "Us") offer through
its websites (hereinafter to be collectively called "the Site").
IMPORTANT! PLEASE READ CAREFULLY before using the Site, because by
clicking "I Agree" or by using the Site, you agree to be bound
by its terms as well as the terms of our Privacy Statement which is
hereby incorporated by reference into these Terms of Service. If you
do not agree with or do not wish to be bound by all of the terms and
conditions of this Agreement, do not use this Web site. We reserve the
right to amend these Terms of Service at any time and will post the
amended Terms of Service here.
1.CONTENT AND USER SUBMISSIONS
The contents of the Site service ("the Service") are intended
for the personal, noncommercial use of its users. All materials published
on the Site (including, but not limited to news articles, photographs,
images, illustrations, audio clips and video clips (collectively, the
"Content") are protected by copyright, trademark and all other
applicable intellectual property laws, and are owned or controlled by
Urbangest Desarrollos SL or the party credited as the provider of such
Content, software or other materials. You shall abide by copyright or
other notices, information and restrictions appearing in conjunction
with any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions and other
copyright laws. Except as set forth in Section 1 of these Terms of Service,
you may not modify, adapt, translate, exhibit, publish, transmit, participate
in the transfer or sale of, create derivative works from, distribute,
perform, display, reverse engineer, decompile or dissemble, or in any
way exploit, any of the Content, software, materials or Service in whole
or in part.
You may download or copy the Content and other downloadable items displayed
on this Service for personal, noncommercial use only, provided that
you maintain all copyright and other notices contained in such Content.
Copying or storing of any Content for other than personal, noncommercial
use is expressly prohibited without the prior written permission from
the Rights and Permissions Department, or the copyright holder identified
in the individual Content's proprietary rights notices. You agree that
any information, feedback, questions, comments and/or submissions to
any of the Public Forums (as discussed below) or the like that you provide
to us in connection with this Site or our Services ("Submissions")
will be deemed to be provided to us on a non-confidential and non-proprietary
basis and will become and remain our property. We shall have no obligations
of any kind with respect to any Submissions and shall be free to reproduce,
use, disclose and/or distribute any Submissions for any purpose whatsoever,
without limitation. You also agree that we shall be free to use any
ideas, concepts or techniques embodied in the Submissions for any purpose
whatsoever, including, but not limited to, developing, manufacturing,
and marketing products or services incorporating such ideas, concepts,
or techniques. In addition, you hereby waive all moral rights you may
have in any materials uploaded by you.
If you believe that the content of any Submission provided by you has
been used on the Site in a manner that constitutes copyright infringement,
please provide our Copyright Agent with a written notice (email is sufficient)
that includes the following information: an electronic or physical signature
of a person authorized to act on behalf of the owner of the exclusive
right that is allegedly infringed; identification of the copyrighted
work claimed to have been infringed; a description of where the material
that you claim is infringing is located on the Site; your address, telephone
number, and e-mail address; a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and a statement by you, under penalty
of perjury, that the information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's
behalf.
Our Copyright Agent for notice of claims of copyright infringement
on the Site is:
Urbangest Desarrollos SL.
Urbangest Desarrollos SL
Av. Ramon Y Cajal 1, S 33
28016 Madrid
tel: 0034 93 206 0230
fax: 0034 93 206 0231
email: support@urbangestdesarrollos.com
2. FORUMS AND DISCUSSIONS
This Site makes available chat rooms, forums, message boards, and/or
news groups to its users ("Public Forum(s)"). You shall not
upload to, or distribute or otherwise publish through the Service any
content which is libelous, defamatory, obscene, pornographic, profane,
sexually explicit, abusive or which otherwise violates any law, rule
or regulation. Please use your best judgment and be respectful of other
individuals using the Public Forums. You agree not to use vulgar, abusive
or hateful language. Public Forums within the Site and the Services
available therein are provided to give our users an interesting and
stimulating forum in which they may express opinions and share ideas.
The Site does not endorse the opinions placed on these Public Forums.
You acknowledge that any Submissions (e.g. Letter to the Editor, Review
or Commentary) may be reproduced, published, transmitted and displayed
by the Site in any manner, pursuant to Section 1.4, above. The Public
Forums shall be used only in a noncommercial manner. You shall not,
without the express approval of Urbangest Desarrollos SL, use the Public
Forums to distribute or otherwise publish any material containing any
solicitation of funds, advertising or solicitation for goods or services,
or to promote Web sites or online services that are competitive with
the Site and the Service. You agree that you will not submit any ideas
for stories, features, designs, scripts, merchandise or publication
of any type.
While we do not and cannot review every message posted by users in
the Public Forums and are not responsible for the content of any of
these messages, Urbangest Desarrollos SL reserves the right to delete,
move or edit messages that we, in our sole discretion, deem are in violation
of the law (including trademark and copyright law), or these Terms of
Service, or are abusive, defamatory, obscene or otherwise unacceptable.
You shall remain solely responsible for the content of your messages.
3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
If acess services is unavailable during the subscription period, the
member has the right for a refund of subscription fee.
Urbangest Desarrollos SL reserves exclusive right to terminate provision
of services for any member at any time by its sole discretion and refund
full amount of subscription fee.
The Site contains links to other related World Wide Web Internet sites,
resources and sponsors of Urbangest Desarrollos SL. Selection of an
ad banner or link will redirect you off of the Site to a third party
Web site. Interactions that occur between you and the third party are
strictly between the you and such third party and are not the responsibility
of Playboy. 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 Web sites. Urbangest Desarrollos SL 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 Web site.
4. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind
submitted by you or Urbangest Desarrollos SL use thereof in accordance
with the terms and conditions of these Terms of Service, will (i) 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; (ii) contain
unlawful material; (iii) constitute false or misleading indications
of origin or statements of fact; (iv) slander, libel or defame any person
or entity; or (v) cause injury of any kind to any person or entity;
or (vi) violate any applicable laws, rules, regulations or other governmental
regulations; and (b) that you are at least 18 years old. You hereby
indemnify, defend and hold Urbangest Desarrollos SL and its officers,
directors, owners, agents, information providers, affiliates, licensors
and licensees (collectively, the "Indemnified Parties") harmless
from and against any and all liability and costs incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you
of these Terms of Service 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. Urbangest Desarrollos SL 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 Urbangest Desarrollos SL without
Urbangest Desarrollos SL prior written approval.
Urbangest Desarrollos SL neither represents nor endorses the accuracy
or reliability of any advice, opinion, statement or other information
displayed, uploaded, or distributed through the Service by any user,
information provider or any other person or entity. THE SITE, THE SERVICE,
THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY Urbangest
Desarrollos SL OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE
PROVIDED "AS IS." Urbangest Desarrollos SL MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR
USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION,
GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC
FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS
OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. Urbangest Desarrollos
SL DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE
SERVICES AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
You hereby acknowledge that the use of the Site and the Services available
therein is at your sole risk.
5. Limitation of Liability
Urbangest Desarrollos SL SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE
OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE,
THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY Urbangest Desarrollos
SL OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS,
DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE
OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF
THE CAUSE OF ACTION,EVEN IF Urbangest Desarrollos SL HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Some jurisdictions may not allow the exclusion or limitation of incidental
or consequential damages, so the above exclusions shall only apply to
the extent permissible under applicable law. To the fullest extent permissible
under applicable law, Urbangest Desarrollos SL aggregate liability,
and the aggregate liability of our licensors, to you or any third parties
in any circumstance is limited to One Hundred U.S. Dollars ($100).
6. SOFTWARE LICENSES
You acknowledge and agree that you shall have no rights to the proprietary
software and/or any related documentation, enhancements or modifications
thereto, provided to you to access the Service ("Access Software").
You may not sublicense, assign or transfer any licenses granted to you
by Urbangest Desarrollos SL, and any attempt at such sublicense, assignment
or transfer is void. You may make one (1) copy of such software for
archival purposes only. You may not copy, distribute, modify, reverse,
engineer or create derivative works from the Access Software.
7. System Integrity
You may not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any transaction
conducted on the Site. You may not take any action which imposes an
unreasonable or disproportionately large load on our infrastructure.
You may not disclose or share your password with any third parties or
use your password for any unauthorized service.
8. TERMINATION
Urbangest Desarrollos SL may, in its sole discretion, terminate or suspend
your access or refuse service at any time, without notice, to all or
part of the Service for any or no reason, including, without limitation,
breach of these Terms of Service or the repeated infringement of copyrights
owned by third parties. Urbangest Desarrollos SL, including, without
limitation, its authorized agents and employees may terminate your use
of the Site without notice in the event that you breach any obligation
in these Terms of Service, including but not limited to, (i) restricting,
inhibiting or disrupting any Urbangest Desarrollos SL event or (ii)
attempting to alter or improperly access any feature or function of
the Site. Your access may also be subject to termination if you post
or transmit any illegal content; harass or threaten any user of the
Site or Urbangest Desarrollos SL employee; post content (including,
but not limited to, the creation of usernames) that is offensive or
otherwise disruptive of Site activities; post unsolicited advertising;
or improperly impersonate a Urbangest Desarrollos SL employee or other
individual.
9. Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract.
This means that the risk of loss and title for such items passes to
you upon our delivery to the carrier.
10. Product Descriptions
Urbangest Desarrollos SL and its affiliates attempt to describe all
of the products on the Site as accurately as possible. However, Urbangest
Desarrollos SL does not warrant that product descriptions or other Content
of this Site is accurate, complete, reliable, current or error-free.
If a product offered on our Site itself is not as described, your sole
remedy is to return it in unused condition.
11. MISCELLANEOUS
This Agreement has been made in and shall be construed and enforced
in accordance with dutch law without regard to any conflict of law provisions.
Urbangest Desarrollos SL makes no representation that the Content in
this Site is appropriate for access outside of the Netherlands. Those
who choose to access this Site from outside the Netherlands do so on
their own initiative and are responsible for compliance with local laws.
Official correspondence must be sent via postal mail to:
Urbangest Desarrollos SL
Av. Ramon Y Cajal 1, S 33
28016 Madrid
tel: 0034 93 206 0230
fax: 0034 93 206 0231
email: support@urbangestdesarrollos.com
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