TERMS & CONDITIONSLast Revised September 27, 2021
1. ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS IS A BINDING AGREEMENT. These Terms & Conditions (“Terms” or “Agreement”) apply to your access and/or use of our website www.afiniu.com (the “Website”) on your computer. mobile device, any other device or platform. This Website is operated by Afiniu. (“Afiniu”, “our”, “us” or “we”). These Terms include our policy for acceptable use of the Service and govern your rights, obligations and restrictions regarding your use of the Service. You are only authorized to use the Service if you agree to abide by all applicable laws and this Agreement. By using the Service, you agree to be bound by this Agreement.
We may modify this Agreement from time to time and such modifications shall be effective upon posting on the Website. You will be deemed to have agreed to any such modifications by your further use of the Service 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. If you do not agree with the modifications, please discontinue use of the Service immediately.
By using our Services, you represent and warrant that:
- you are at least 18 years old;
- you are not a person who is barred from using the Service under the laws of applicable jurisdiction;
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations;
- you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
- you do not have more than one account on our Services; and
- you have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
3. YOUR ACCOUNT
When you access our Service for the first time, you may be required to register by opening an account ("Account") or by signing in via a third-party tool (such as Google and Facebook) ("Third Party Tool"). Note that some of our Service may not work without opening an Account.
You agree not to share your Accounts details with anyone or to use another’s Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You agree that you shall be responsible for maintaining the confidentiality of Your account information (including usernames, screen names, and passwords). You will be liable for all uses of your Login Information, including purchases, whether or not authorized by you. You are responsible for the activities occurring under Your account and You will be liable for any losses or damages incurred by us or any third party due to someone else using Your account.
In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information.
You must provide accurate and complete information when creating an Account. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself.
If you wish to terminate or close your Account, please contact us at support AT afiniu.com and your Account will be terminated and removed within a reasonable timeframe following our receipt of your request, and from the date of termination you will no longer be able to access your Account and any data related to such Account.
While using our Services you shall have access to 3 (three) types of content: (a) content that you upload and provide (“Your Content”); (b) content that members provide (“Member Content”) (collectively referred to as “User Content:); and (c) content that Afiniu Provides (“Our Content”).
4.1 Your Content
You are solely responsible for Your Content and the consequences of uploading, posting or publishing it and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant that:
- you are the creator or own or control all right in and to the Your Content or otherwise have sufficient rights and authority to grant the rights granted herein;
- Your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person;
- Your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code.
You also acknowledge and agrees that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
4.2. Member Content
Other members may also share content directly to you while using our Services. Member Content to the user who posted the content and is stored on our servers and displayed via our website at the direction of the user providing the Member Content.
You do not have any right, title or ownership to use the Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy or use the Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
4.3. Our Content
You agree that all information, data, text, software, music, sound, photographs, graphics, video, or other materials (excluding Your and Member Content as set out in Section 4.1 and 4.2 above), contained in the Service belong to us or our licensors and service providers. Subject to Your compliance with these Terms, we grant you a non-exclusive, personal, royalty free, worldwide, right, to access and use the Service solely for Your personal entertainment purposes and non-sublicensable license to access and use our Services for purposes as intended by Afiniu and permitted by this Agreement.
You represent and warrant, that Your use of the Service will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. If You violate any of these Terms, we reserve the right to terminate Your license without notice.
4.4. License to Afiniu
Unless otherwise agreed to in a written agreement between you and Afiniu that was signed by an authorized representative of Afiniu, if you submit, transmit, display, perform, post, or store User Content using the our Service, you grant us and our sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of our Service (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with User Content. Should User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that and its sub-licensees are allowed to use them to the extent indicated in these Terms.
4.5. Content is Uploaded at Your Own Risk
Afiniu uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use, or distribution of Your and Member Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that we shall not be liable for any unauthorized copying, use, or distribution of Your and Member Content by third parties and release and forever waive any claims you may have against us for any such unauthorized copying or usage of the Your and Member Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY US HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
5. PURCHASES & COMMISSION
We may offer Services for purchase on the website. If you choose to purchase such services, you acknowledge and agree that additional terms, disclosed to you at the point of purchase shall apply and thus such additional terms are incorporated herein by reference. You may make payment for such purchases by paying with your credit card, debit card, PayPal account or such any other method as may be added from time to time and such payments shall be process by a third-party processor.
In addition to the above some Service may be available on commission basis, the commission of which shall be decided on case-to-case basis.
All payments and commissions once made are non-refundable and there shall be no refunds or credits for partially used period.
The payment may or may not include taxes and shall depend upon the residing jurisdiction of the User. If we determine that we have a legal obligation to collect a Tax from you in connection with these Terms, we will collect such Tax in addition to the payments required. You shall be solely responsible for non-payment of Tax and any related penalties or interest to the relevant tax authority.
In particular, Event PROs have an Account Wallet which reflects a Balance in US$ as basic currency. However, this balance can be converted for reference purposes into many other currencies, according to the following Currency Converter Exchange Rate: https://exchangerate.host
Event PROs may add money anytime into their PRO´s account. Additionally, the site´s Administrator may occasionally offer Bonus Money to specific PROs.
The Wallet Balance reflected in each PRO´s account can only be spent inside the website to promote the PRO´s Events.
The PRO´s Account Wallet Balance reflects the total money that the PRO has added into the account, in addition to the total Bonuses that the site´s administrator may have gifted to the PRO, and deducting the total expenses that the PRO may have spent promoting his/her Events.
The PRO may request by writing to the site´s administrator to withdraw the Account Wallet Balance only if the PRO decides to close and delete his/her PRO´s Account. The Administrator will then transfer the PRO´s Wallet Balance, deducting the sum of all the Bonuses that the PRO has received in the past from the site´s Administrator.
Afiniu lets Users to create events (“PROs”) which shall be displayed on the Services for other Users using our Services to consume information about the same or to attend such events. The payment event may be payable online with your credit card, debit card, PayPal account or such any other method as may be decided by the PRO or offline while attending the events or even maybe free as may be decided from time to time by the PRO.
The PRO shall be solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. The PRO shall be further responsible for refunds, if any. Unless and until the Afiniu itself is not the creator, PRO or owner of the events listed on the Services, Afiniu shall not be liable for any Terms mentioned in this Section.
In addition to Section 15 of these Terms, the PRO hereby agree to release Afiniu from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
7. USER CONDUCT
You agree that all the information you provide to us on accessing and/or using our Service is and shall remain true, accurate and complete at all times. You agree that you will comply with these Terms and will not to upload, communicate, transmit, distribute or otherwise make available any Content or otherwise use the Service in any way:
- that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene, sexually explicit or otherwise objectionable;
- that is or could reasonably be viewed as invasive of another's privacy or violate any privacy rights;
- that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
- which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
- which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that is, likely to defame, harass, abuse, threaten, or defraud Users of our Service, or collect or attempt to collect, personal information about Users or third parties without their consent.
You agree that you will not:
- create more than one account per platform to access our Service;
- use another person or entity’s email address in order to sign up to use our Service;
- use our Service for fraudulent or abusive purposes (including, without limitation, by using our Service to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Service);
- disguise, anonymize or hide your IP address or the source of any content that you may upload;
- stalk or harass any other user of the Service;
- remove or amend any proprietary notices or other ownership information from any other part of our Service;
- interfere with or disrupt our Service or servers or networks that provide our Service;
- attempt to decompile, reverse engineer, disassemble or hack any of our Service, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- 'harvest', 'scrape' or collect any information about or regarding other people that use our Service, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
- sell, transfer or try to sell or transfer an account with us or any part of an account;
- disrupt the normal flow of the Service or otherwise act in a manner that is likely to negatively affect other User’s ability to access or use our Service;
- disobey any requirements or regulations of any network connected to our Service;
- use our Service in violation of any applicable law or regulation;
- use our Service to cheat or design or assist in cheating (for example, by using automated means or third-party software), or to otherwise circumvent technological measures designed to control access to, or elements of, our Service; or
- use our Service in any other way not permitted by these terms.
- violate any applicable local, state, national or international law or regulation.
If you are concerned that someone else is not complying with any part of these terms, please contact us at support AT afiniu.com.
To the extent permitted by applicable law, Afiniu takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Afiniu liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using our Service. Your use of our Service is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that our Service will not contain any content that is prohibited by such rules.
Afiniu is not liable for any statements or representations included in User Content. Afiniu does not endorse any of User Content, opinion, recommendation, or advice expressed therein, and Afiniu expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Afiniu reserves the right to remove, screen, or edit any User Content posted or stored on the Afiniu Service at any time and without notice, including where User Content violates these Terms or applicable law, and you are solely responsible for creating backup copies of and replacing any of User Content you post or store on our Service at your sole cost and expense. Any use of our Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use our Service.
8. PUSH NOTIFICATIONS
While using our Services you may be asked to accept or reject push notification. On accepting such push notification, we may provide you with emails, text messages, push notifications, alerts and other messages related to the Services such as enhancements, offers, products, events, and other promotions. If you deny, you will not receive any of the above push notifications/alerts. If you no longer wish to receive push notifications/alerts from us, you may do so by changing your notification settings on your browser. In regards to other alerts in form of email, text messages etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support AT afiniu.com
9. INTELLECTUAL PROPERTY
The Service, Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Website) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered or capable of being registered (excluding the User Generated Content) (collectively,“Intellectual Property” ), are owned by and/or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Service are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
10. RESPECTING COPYRIGHT
Afiniu respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Afiniu Service infringes upon your copyright, please submit a notice by contacting us at support AT afiniu.com.
You agree to defend, indemnify and hold harmless the Company, its vendors, including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) arising from: (i) your use, misuse of , inability to use and/or activities in connection with the Content; (ii) your violation of the Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service; and (v) your User Generated Content. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
12. NO LIABILITY FOR LOST DATA
You hereby undertake to not held us liable for any loss, deletion, removal, or failure of delivery (“Losses”) of any of your content stored with us, whether caused by virus, unauthorised access, malicious attack or otherwise unless such Losses are solely attributable to us.
13. THIRD-PARTY LINKS
14. LIMITATION OF LIABILITY
NEITHER WE NOR ANY OTHER RELEASED PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF OR PARTICIPATION IN, OR YOUR INABILITY TO ACCESS, USE, OR PARTICIPATE IN, THE SERVICE, ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE, OR THE SWEEPSTAKES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION IN THIS SECTION 18 MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF Afiniu OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS AND ALL OTHER RELEASED PARTIES TO YOU FOR ALL CLAIMS UNDER THESE TERMS AND OFFICIAL RULES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF US $50 OR THE VALUE OF THE APPLICABLE PRIZE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND OFFICIAL RULES. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. DISCLAIMERS AND RELEASE
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Afiniu MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Afiniu DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Afiniu TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES Afiniu TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH AFINIU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. AFINIU IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
16. CANCELLATION AND TERMINATION
IN THE EVENT THAT WE SUSPECT THAT YOU HAVE VIOLATED OR MAY VIOLATE ANY OF THESE TERMS, ANY PLATFORM TERMS OR ANY APPLICABLE LAW, OR THAT YOUR ACCOUNT HAS BEEN USED OR MAY BE USED IN SUCH A WAY, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION, THEN WITHOUT DEROGATING FROM ANY REMEDY WHICH WE OR ANY OTHER PARTY (SUCH AS THE PLATFORM) MAY HAVE IN CONNECTION WITH THE FOREGOING, WE MAY, IN OUR SOLE DISCRETION, IMMEDIATELY (WITHOUT NOTICE) TERMINATE, LIMIT, SUSPEND OR DELETE YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE, IN WHOLE OR IN PART (INCLUDING BY LIMITING OR REVOKING YOUR RIGHTS OR ACCESS TO CERTAIN, SERVICE, SERVICE CONTENT OR ANY FEATURE OR FUNCTIONALITY THEREIN). IN SUCH EVENT, YOU WILL FORFEIT ANY CONTINUING RIGHT OR LICENSE TO USE ANY CONTENT, INCLUDING ANY VIRTUAL TOKEN AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU OR ANY OTHER PARTY MAY ALLEGE IN CONNECTION WITH SUCH ACTION.
We further reserve the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof including any feature or functionality available in the Service), at any time and without providing any prior notice.
In the event that we terminate your Account, you may not use or access the Service again without our express permission. We reserve the right to refuse Accounts for, and to provide access to the Service or other Service to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: support AT afiniu.com.
18. GOVERNING LAW AND CLAIMS
This Agreement shall be governed by and construed in accordance with the laws of the Country of Spain.
We make no representations that the Service are appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Any claims shall be exclusively decided by courts of competent jurisdiction in the city of Madrid.
If you ever wish to seek any relief from us, you agree to waive the ability to any action.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service provided by this Agreement, then you and us agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
The remedy for any claim shall be limited to actual damages, not to exceed the value of the prize, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this Agreement or seek injunctive or any other equitable relief.
19. CONSENT TO ELECTRONIC COMMUNICATIONS
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- (a) Force Majeure - You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
- (b) Assignment of Rights - You may not assign your rights and/or obligations under this Terms to any other party without our prior written consent. We may assign our rights and/or obligations under this Terms to any other party at our discretion.
- (c) Changes - We may change this Terms from time to time and at our sole discretion. Changes to this Terms are effective when they are posted on this page. We encourage you to frequently check and review our Terms to stay informed. Your continued use of this site after any change in this Terms will constitute your acceptance of such change. If you disagree with any changes to these Terms, you will need to stop using our service and deactivate your account.
- (d) Waiver - Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- (e) Final Provision - Any provision of these Terms declared invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability, without causing invalidity or unenforceability of the remaining terms or provisions of these Terms.