SPANIARDS.ES

TERMS AND CONDITIONS OF USE

This Terms and Conditions of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the website operated under the domain name Spaniards.es (the “Spaniards.es Website”) by Spaniards.es, LLC (the “Company”) and all services provided by the Company thereunder (the “Services”). By using the Spaniards.es Website, you agree to be bound by this Agreement, whether you are a "Visitor," which means that you simply browse the Spaniards.es Website, or a "Member," which means that you have registered with Spaniards.es. The term "User" refers to a either a Visitor or a Member.

You are only authorized to use the Spaniards.es Website if you agree to abide by all applicable laws and regulations and by this Agreement. Please read this Agreement carefully. If you do not agree with this Agreement, you should leave the Spaniards.es Website and discontinue use of the Spaniards.es Website immediately.

The Company may modify this Agreement from time to time and such modification shall be effective upon posting by the Company on the Spaniards.es Website. You agree to be bound to any changes to this Agreement when you use the Spaniards.es Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

The Company reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Spaniards.es Website at any time and your Membership, if applicable, for any or no reason, with or without prior notice, and without liability.

1. Right of Use. Use of and Membership in the Spaniards.es Website is void where prohibited. By using the Spaniards.es Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least eighteen (18) years old, and (d) your use of the Spaniards.es Website does not violate any applicable law or regulation.
2. Term. This Agreement shall remain in full force and effect while you use the Spaniards.es Website or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the member account page. The Company may terminate your membership for any reason, with or without sending you notice of such termination. The terms and conditions of this Agreement shall survive termination of your membership.
3. Registration. Your profile on the Spaniards.es Website may not include street addresses, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and the Company assumes no responsibility or liability for this material. If you become aware of misuse of the Spaniards.es Website by any person, please contact the Company.
4. Account Security. You are entirely responsible for maintaining the confidentiality of your log-in information, including your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account.
5. Proprietary Rights in Content.
   
   1. Your Content. The Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Spaniards.es Website (“Your Content”). You will retain all ownership rights of Your Content, and you continue to have the right to use Your Content in any way you choose; however, you will not be able to delete any text once it has been posted to the Spaniards.es website. The Company has no obligation to delete or remove Your Content following termination of your membership, but may do so at its sole and absolute discretion.
   2. Your Representations and Warranties. You represent and warrant that: (i) you own all right, title, and interest in Your Content or otherwise have the right to grant the license set forth in Section 5(c), and (ii) the posting of Your Content on or through the Spaniards.es Website does not violate the privacy rights, publicity rights, contract rights, copyrights or other intellectual property rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any of Your Content posted by you to or through the Spaniards.es Website.
   3. Your Grant of License. By posting Your Content on or through the Spaniards.es Website, you hereby grant to the Company a non-exclusive, royalty-free, sublicensable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute Your Content solely on and through the Spaniards.es Website.
   4. The Company’s Content. The Company owns and retains all right, title, and interest in the Spaniards.es Website and the Service ("Spaniards.es Content"). Spaniards.es Content is protected by copyright, trademark, patent, trade secret and other laws. The Company hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Spaniards.es Content, excluding any software code, solely for your personal use in connection with viewing the Spaniards.es Website and using the Spaniards.es Website.
   5. Third Party Content. The Spaniards.es Website also contains Content of Users and other Spaniards.es Website licensors. Except for Your Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Spaniards.es Website.
6. Responsibility for Content.
   
   1. Your Responsibility. You are solely responsible for Your Content and any material or information that you transmit to other Users and for your interactions with other Users. The Company does not endorse and has no control over Your Content. Content is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. The Company makes no warranties, express or implied, as to Your Content or to the accuracy and reliability of Your Content or any material or information that you transmit to other Users.
   2. The Company’s Rights. The Company may delete any of Your Content posted on the Spaniards.es Website that, in the sole judgment of the Company, violates this Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person. The Company assumes no responsibility for monitoring the Spaniards.es Website for inappropriate Content or conduct. If at any time the Company chooses, in its sole discretion, to monitor the Spaniards.es Website, the Company nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7. Prohibited Content and Activity.
   
   1. Prohibited Content. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Spaniards.es Website. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Spaniards.es Website and terminating the Membership of such violator(s). Prohibited Content includes, but is not limited to, Content that:
      
      1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
      3. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      4. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      5. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
      6. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      7. solicits passwords or personal identifying information for unlawful purposes from other Users; or
      8. includes a photograph of another person that you have posted without that person's consent.
   2. Prohibited Activity. The following is a partial list of the kind of activity that is illegal or prohibited on the Spaniards.es Website and through your use of the Spaniards.es Website. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
      
      1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
      2. covering or obscuring the banner advertisements on your personal profile page, or any Spaniards.es page via HTML/CSS or any other means;
      3. interfering with, disrupting, or creating an undue burden on the Spaniards.es Website or the networks or services connected to the Spaniards.es Website;
      4. attempting to impersonate another User or person;
      5. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
      6. using any information obtained from the Spaniards.es Website in order to harass, abuse, or harm another person; or
      7. using the Spaniards.es Website in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of the Company to terminate membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to the Company by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Spaniards.es Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Spaniards.es Website; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Spaniards.es, LLC, Eneko Alonso; Attn: Copyright Agent; and email: eneko@spaniards.es.
9. User Disputes. You are solely responsible for your interactions with other Users of the Spaniards.es Website. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
10. Privacy. Use of the Spaniards.es Website and the Services is also governed by our Privacy Policy.
11. Disclaimers.
    
    1. Content. The Company is not responsible for any incorrect or inaccurate Content posted on the Spaniards.es Website or in connection with the Spaniards.es Website, whether caused by Users of the Spaniards.es Website or by any of the equipment or programming associated with or utilized in the Spaniards.es Website. In addition and without limitation of the above, the contents of the Spaniards.es Website, are for informational purposes only. The Content is not legal advice and is not intended to be a substitute for professional legal advice. Always seek the advice of a legal professional with any questions you may have regarding a legal question.
    2. Linked Websites. Profiles created and posted by Members on the Spaniards.es Website may contain links to other websites. The Company is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked website on the Spaniards.es Website does not imply approval or endorsement of the linked website by the Company. When you access these third-party sites, you do so at your own risk.
    3. Third Party Advertisements. The Company takes no responsibility for third party advertisements which are posted on this Spaniards.es Website or through the Spaniards.es Website.
    4. Advertisers. The Company does not take any responsibility for the goods or services provided by its advertisers.
    5. User Conduct. The Company is not responsible for the conduct, whether online or offline, of any User of the Spaniards.es Website.
    6. Technical Problems. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any User communication. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Spaniards.es Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Spaniards.es Website.
    7. No Liability to the Company. Under no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Spaniards.es Website, attendance at a Company event, from any Content posted on or through the Spaniards.es Website, or from the conduct of any Users of the Spaniards.es Website, whether online or offline.
    8. No Warranty. The Spaniards.es Website is provided "AS-IS" and as available and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Spaniards.es Website.
12. Limitation on Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SPANIARDS.ES WEBSITE AND/OR THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SPANIARDS.ES WEBSITE AND/OR THE SERVICES, IF ANY, DURING THE TERM OF MEMBERSHIP.
13. Disputes. If there is any dispute about or involving the Spaniards.es Website, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, County of San Luis Obispo.
14. Indemnity. You agree to indemnify, defend, and hold the Company, its directors, officers, shareholders, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any of the following: (i) your use of the Spaniards.es Website and/or the Services in violation of this Agreement and/or arising from a breach of this Agreement; (ii) any breach of your representations and warranties set forth above; (iii) Your Content posted on the Spaniards.es Website or through the Spaniards.es Website; or (iv) your attendance at any offline event sponsored by the Company.
15. Other. This Agreement is accepted upon your use of the Spaniards.es Website. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Spaniards.es Website. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.