TERMS OF USE
Last updated February 8th, 2023
TERMS AGREEMENT
These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity („you“) and Miraflores-magico.es („Company“, „we“, „us“ or „our“), in connection with your access to and use of the website https://miraflores-magico.es, as well as any other related, linked or otherwise connected means of communication, media channel, mobile website or mobile application (collectively , the place“ ). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN USE OF THE SITE IS EXPRESSLY PROHIBITED AND YOU MUST STOP USING IT IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the „Last Updated“ date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of any updates. You will be subject to, and will be deemed to have been informed and accepted,
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirements within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission and be directly supervised by their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use before you use the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, the Site is owned by us and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively, the “ Content“) and the trademarks, service marks and logos contained therein (the „Marks“) are owned or controlled by or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The content and marks are provided on the Site „AS IS“ for your information and personal use only. Except as expressly provided in these Terms of Use,
Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print one copy of any Content properly accessed solely for your personal, non-commercial use. wear. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to abide by these Terms of Use; (4) is not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Site; (6) you will not access the Site through any automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any part thereof).
USER REGISTER
You may be required to register on the Site do you agree to stay.
Your password is confidential and you will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
FORBIDDEN ACTIVITIES
You may not access or use the Site for any purpose other than for which we make it available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
2. Deceive, defraud, or deceive us and other users, especially in any attempt to obtain sensitive account information, such as user passwords.
3. Circumvent, disable, or interfere with security-related features of the Site, including features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site and/or Content contained therein.
4. Disparage, tarnish, or harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site to harass, abuse, or harm another person.
6. Misusing our support services or submitting false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), which interferes with your uninterrupted use and enjoyment of the Site or modifies, impairs, interrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
9. Engage in any automated use of the system, such as the use of scripts to send comments or messages, or the use of data mining, robots, or similar data gathering and extraction tools.
10. Remove any copyright or other proprietary rights notice from any Content.
11. Attempt to impersonate another user or person or use another user’s username.
12. Sell or transfer your profile.
13. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels , web bugs, cookies or other similar devices (sometimes referred to as „spyware“ or „passive collection mechanisms“ or „pcms“).
14. Interfere with, disrupt, or create an undue load on the Site or the networks or services connected to the Site.
15. Harass, annoy, intimidate or threaten any of our employees or agents who provide you with any part of the Site.
16. Attempt to circumvent any measures on the Site designed to prevent or restrict access to the Site, or any part of the Site.
17. Copy or adapt the software on the Site, including without limitation Flash, PHP, HTML, JavaScript or other code.
18. Decipher, decompile, disassemble or reverse engineer any software comprising or otherwise forming part of the Site.
19. Except as the result of using a standard search engine or Internet browser, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or outside reader of line that accesses the Site. , or use or execute any unauthorized script or other software.
20. Use a purchasing agent or purchasing agent to make purchases on the Site.
21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated or under false pretenses.
22. Use the Site as part of any effort to compete with us or use the Site and/or the Content for any revenue-generating effort or commercial enterprise.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or transmit to us content and materials to us or on the Site, including, without limitation, text, writing, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, „Contributions“). Contributions may be viewable by other users of the Site and through third party websites. As such, any Contribution you transmit may be treated as non-confidential and non-proprietary. By creating or making available any Contribution, you represent and warrant that:
1. The creation, distribution, transmission, public display or performance, and accessing, downloading, or copying of your Contributions does not and will not infringe any proprietary rights, including without limitation copyright, patent, trademark, trade secret, or moral rights, of any third party.
2. You are the creator and owner or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site . and these Terms of Use.
3. You have the written consent, release, and/or permission of any and all identifiable individual persons in your Contributions to use the name or likeness of any and all such identifiable persons to permit inclusion and use of your Contributions in any manner contemplated. by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, dirty, violent, harassing, defamatory, defamatory or objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, belittle, intimidate or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation or rule.
10. Your Contributions do not violate the rights of privacy or publicity of any third party.
11. Your Contributions do not contain any material that solicits personal information from persons under the age of 18 or exploits persons under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable laws relating to child pornography, nor are they intended to protect the health or welfare of minors.
13. Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference or physical disability.
14. Your Contributions do not violate or link to material that violates any provision of these Terms of Use or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, the termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and license sublicenses to the foregoing. Use and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, trademarks service names, trade names, logos, and personal and business images you provide. You waive all moral rights in your Contributions and you warrant that moral rights have not been otherwise asserted in your Contributions.
We do not claim any ownership of your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to hold us harmless and to refrain from any legal action against us with respect to your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or change any Contribution; (2) to re-categorize Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or remove any Contribution at any time, for any reason, without notice. We are under no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you with areas on the Site to leave comments or ratings. When posting a review, you must meet the following criteria: (1) you must have first-hand experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity or abusive, racist, offensive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with the competition if you post negative reviews; (6) you must not draw any conclusions about the legality of the conduct; (7) you may not post false or misleading statements;
We may accept, reject, or remove reviews at our sole discretion. We are under absolutely no obligation to filter reviews or remove reviews, even if someone finds the reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We assume no responsibility for any review or for any claim, liability or loss resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, assignable and sublicensable right and license to reproduce, modify, translate, transmit in any media, display, perform,
MOBILE APPLICATION LICENSE
License
If you access the Site through a mobile application, we grant you a revocable, non-exclusive, non-transferable, and limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application. on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.
You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive source code, or otherwise decipher the Application; (2) make any modifications, adaptations, enhancements, enhancements, translations, or derivative works of the Application; (3) violate any applicable laws, rules or regulations in connection with your access to or use of the Application; (4) remove, alter, or obscure any proprietary notices (including any copyright or trademark notices) posted by us or the Application’s licensors; (5) use the Application for any income-generating activity, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Application available over a network or other environment that allows access or use by multiple devices or users at the same time; (7) use the Application to create a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; (8) use the application to send automated inquiries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacturing, licensing or distribution of any application, accessory or device for use with the application.
Apple and Android devices
The following terms apply when you use a mobile application obtained from the Apple Store or Google Play (each an „Application Distributor“) to access the Site: (1) the license granted to you to our mobile application is limited to one transferable license to use the application on a device using the Apple iOS or Android operating systems, as applicable, and in accordance with the rules of use set forth in the applicable terms of service of the Application Distributor; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required by applicable law, and you acknowledge that each App Distributor is under no obligation to provide any maintenance and support services with respect to the Mobile Application; (3) in the event that the Mobile Application fails to conform to any applicable warranty, you may notify the applicable Application Reseller, and the Application Reseller, in accordance with its terms and policies, may refund the purchase price, if if any, paid for by the mobile application, and to the maximum extent permitted by applicable law, the Application Distributor shall have no other warranty obligation with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government. As a „terrorist supporting“ country and (ii) not listed on any US government list of prohibited or restricted parties; (5) you must comply with any applicable third party terms of agreement when using the Mobile Application, for example, if you have a VoIP application, then you must not violate your wireless data service agreement when using the Mobile Application; and (6) you acknowledge and agree that the App Distributors are third party beneficiaries of the terms and conditions of this mobile app license contained in these Terms of Use,
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account to online accounts you have with third party service providers (each such account, a „Third Party Account“) by: (1) providing your Third Party Account information login through the Site; or (2) allow us to access your Third Party Account, as permitted by the applicable terms and conditions that govern your use of each Third Party Account. You represent and warrant that you have the right to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account, without your breaching any of the terms and conditions governing use of the terms and conditions. applicable. third party account, and without obligating us to pay any fees or making us subject to limitations on the use imposed by the third party service provider of the Third Party Account. By granting us access to any Third Party Account, you understand that (1) we may access, make available and store (if applicable) any content you have provided and stored in your Third Party Account (the „Social Network Content“) so that it is available on and through the Site through your account, including, without limitation, friend lists and (2) we may send and receive additional information from your Third Party Account to the extent that you are notified when linked. your account with the third party account. Depending on the Third Party Accounts you choose and subject to the privacy settings you have established in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available in and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, Social Networking Content may no longer be available at any longer. through the Site. You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including, without limitation, accuracy, legality or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a third party account and your contact list stored on your mobile device or tablet solely for the purpose of identifying and informing you of those contacts who have also registered for use the Site. . You may disable the connection between the Site and your Third Party Account by contacting us using the contact information below or through your account settings (if applicable). We will try to delete any information stored on our servers that was obtained through such third party account,
SHIPMENTS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site („Submissions“) that you provide to us is non-confidential and shall become our sole property. We will own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any legal, commercial or other purpose, without acknowledgment or compensation to you. You hereby waive all moral rights in and to such Submissions, and you hereby warrant that such Submissions are original to you or that you have the right to submit such Submissions.
WEBSITE AND THIRD PARTY CONTENT
The Site may contain (or may be sent through the Site) links to other websites („Third Party Websites“), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, Applications. , software and other content or items belonging to or originating from third parties („Third Party Content“). Such third party websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Websites or Third Party Content. The inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply endorsement or endorsement thereof by us. If you choose to leave the Site and access Third Party Websites or use or install Third Party Content, you do so at your own risk and you should note that these Terms of Use no longer govern. You should review the applicable terms and policies, including the privacy and data collection practices, of any website you navigate to from the Site or in connection with any application you use or install from the Site. Any purchases you make through third party websites will be made through other websites and from other companies, and we assume no liability in connection with such purchases, which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse any products or services offered on third party websites and you will indemnify us from any damages caused by your purchase of such products or services. Besides,
ADVERTISERS
We allow advertisers to display their ads and other information on certain areas of the Site, such as sidebar ads or banner ads. If you are an advertiser, you must take full responsibility for the advertisements you place on the Site and for the services provided on the Site or the products sold through those advertisements. In addition, as an advertiser, you warrant and represent that you own all rights and authority to place advertisements on the Site, including, without limitation, intellectual property rights, rights of publicity, and contract rights. We merely provide the space to place such advertisements and have no other relationship with the advertisers.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, reject, restrict access to, limit availability of, or disable (to the extent technically possible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, to remove from the Site or disable all files and content that are excessive in size or are in any way burdensome to our systems;
PRIVACY POLICY
We care about data privacy and security. Consult our Privacy Policy: https://jonasaetran.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the site is hosted in Spain. If you access the Site from any other region of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from applicable laws in Iceland, then through your continued use of the Site, you are transferring your data to Iceland. , and accept that your data is transferred and processed in Iceland.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes any copyright you own or control, please notify us immediately using the contact information provided below (a „Notification“). A copy of your Notice will be sent to the person who posted or stored the material named in the Notice. Please note that, under applicable law, you may be held liable for damages if you make material misrepresentations in a Notice. Therefore, if you are uncertain whether material located on or linked to the Site infringes your copyright, you should consider first contacting an attorney.
DURATION AND TERMINATION
These Terms of Use will remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING TO BLOCK CERTAIN
ADDRESSES P), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR AGREEMENT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, an assumed or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, seeking civil, criminal, and injunctive relief.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the content of the Site at any time or for any reason at our sole discretion without notice. However, we are under no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site.
We cannot guarantee that the site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, which will result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or modify the Site at any time or for any reason without notice. You agree that we are not responsible for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or interruption of the Site. Nothing in these Terms of Use shall be construed to require us to maintain and support the Site or to provide any corrections, updates, or postings in connection therewith.
GOVERNING LAW
These conditions are governed and interpreted following the laws of Iceland, expressly excluding the use of the United Nations Convention of Contracts for the International Sale of Goods. If your habitual residence is in the EU and you are a consumer, you are also protected by the mandatory provisions of the law of your country of residence. JonaSaetran.com and you agree to submit to the non-exclusive jurisdiction of the courts of Reykjavik, which means that you can claim the defense of your consumer protection rights in relation to these Conditions of Use in Iceland, or in the EU country in which you reside.
CONFLICT RESOLUTION
informal negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each a “Dispute” and collectively “Dispute”) brought by you or us (individually a “Party” and collectively, the „Parties“), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating arbitration. Such informal negotiations begin with a written notification from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relations between the Parties to this contract will be resolved by an arbitrator who will be chosen in accordance with Arbitration and the Internal Rules of the European Court of Arbitration which is part of the European Center for Arbitration based in Strasbourg. . and that are in force at the time of filing the request for arbitration, and whose adoption of this clause constitutes acceptance. The seat of arbitration will be Reykavik, Iceland. The language of the proceedings will be English. The applicable substantive law regulations will be Icelandic law.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on the basis of a class action or to use class action procedures; and (c) there is no right or authority to bring a Dispute in an alleged representative capacity on behalf of the general public or any other person.
Exceptions to Informal Negotiations and Arbitrations
The Parties agree that the following Disputes are not subject to the above informal negotiations and binding arbitration provisions: (a) any Dispute seeking to enforce or protect, or relating to the validity of, any of the intellectual property rights of a part; (b) any Dispute relating to, or arising out of, allegations of theft, hacking, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or does not apply
then neither Party will elect to arbitrate any Dispute that falls within that part of this provision that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within the courts listed above for jurisdiction, and the Parties agree submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time, without notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEB SITE LINKED TO THE SITE AND WE ASSUME NO LIABILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OR CONTENT MATERIAL (2) PERSONAL INJURY OR DAMAGE TO PROPERTY, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ) ANY ERRORS, VIRUSES, TROJAN HORSES, OR WHATSOEVER MAY BE TRANSMITTED TO THE SITE OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, WARRANT OR ASSUME LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE OR ANY WEB OR MOBILE SITE
THE APPLICATION IS INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY SETTING, YOU SHOULD USE YOUR BEST JUDGMENT AND USE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTHS PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
COMPENSATION
You agree to defend, indemnify, and hold harmless us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys. ‘fees and expenses, incurred by third parties due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including, without limitation, intellectual property rights; or (6) any manifest harmful act towards any other user of the Site with whom you have connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, in our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding that is subject to this indemnification when we become aware of it.
USER DATA
We will retain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we regularly back up data, you are solely responsible for all data you use. ansmit or that relates to any activity you have engaged in using the Site. You agree that we will not be liable to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of any such loss or corruption of such data.
COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email and on the Site, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or requirement under any statute, regulation, rule, ordinance or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or for payments or the granting of credit by any other means. than electronic media.
DIVERSE
These Terms of Use and any policies or operating rules posted by us on or in connection with the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remainder. provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of our writing them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the failure to sign by the parties to enforce these Terms of Use. employment or agency created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of our writing them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the failure to sign by the parties to enforce these Terms of Use. employment or agency created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of our writing them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the failure to sign by the parties to enforce these Terms of Use.
CONTACT US
To resolve a complaint related to the Site or to receive more information about the use of the Site, please contact us at:
Namstaekni ehf
Kogursel 23
109 Reykjavik
Iceland
Telephone: +354 899 4023
jona@namstaekni.is