Enit
Invest S.L. 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 Enit Invest S.L. and the
services the company and it's affiliated companies or branches
(hereinafter to be collectively called: " Enit Invest S.L.",
"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 Enit
Invest S.L. 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:
Enit Invest S.L.
Av. Machupichu 26, S 18
28043 Madrid, Spain.
tel: 0034 93 206 0230
fax: 0034 93 206 0231
email: support@enitinvest.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 Enit Invest S.L., 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,
Enit Invest S.L. 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.
Enit Invest S.L. 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 Enit Invest S.L.. 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.
Enit Invest S.L. 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 Enit Invest S.L. 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 Enit Invest S.L.
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. Enit Invest S.L. 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 ofEnit Invest S.L. withoutEnit Invest S.L. prior
written approval.
Enit Invest S.L. 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." Enit Invest
S.L. 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. Enit Invest S.L. 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
Enit Invest S.L. 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 BYEnit Invest S.L. 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 Enit Invest S.L. 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, Enit Invest S.L. 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 Enit Invest S.L.,
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
Enit Invest S.L. 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.
Enit Invest S.L., 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 Enit Invest S.L. 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 Enit Invest S.L. 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 Enit Invest
S.L. 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
Enit Invest S.L. and its affiliates attempt to describe all
of the products on the Site as accurately as possible. However,
Enit Invest S.L. 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. Enit Invest S.L. 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:
Enit Invest S.L.
Av. Machupichu 26, S 18
28043 Madrid, Spain.
tel: 0034 93 206 0230
fax: 0034 93 206 0231
email: support@enitinvest.com
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