Terms of Service
Enit Invest SL "Terms of Service" are 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
SL and the services the company and it's affiliated companies or
branches (hereinafter to be collectively called: "Enit Invest SL", "WE"
, "Us") offer through its websites (hereinafter to be collectively
called "the Site").
IMPORTANT! PLEASE READ CAREFULLY before using the Site, because by
clicking "I Agree" or by using the Site, you agree to be bound by its
terms as well as the terms of our Privacy Statement which is hereby
incorporated by reference into these Terms of Service. If you do not
agree with or do not wish to be bound by all of the terms and conditions
of this Agreement, do not use this Web site. We reserve the right to
amend these Terms of Service at any time and will post the amended Terms
of Service here.
1. CONTENT AND USER SUBMISSIONS
The contents of the Site service ("the Service") are intended for the
personal, noncommercial use of its users. All materials published on the
Site (including, but not limited to news articles, photographs, images,
illustrations, audio clips and video clips (collectively, the "Content")
are protected by copyright, trademark and all other applicable
intellectual property laws, and are owned or controlled by Enit Invest
SL or the party credited as the provider of such Content, software or
other materials. You shall abide by copyright or other notices,
information and restrictions appearing in conjunction with any Content
accessed through the Service.
The Service is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions
and other copyright laws. Except as set forth in Section 1 of these
Terms of Service, you may not modify, adapt, translate, exhibit,
publish, transmit, participate in the transfer or sale of, create
derivative works from, distribute, perform, display, reverse engineer,
decompile or dissemble, or in any way exploit, any of the Content,
software, materials or Service in whole or in part.
You may download or copy the Content and other downloadable items
displayed on this Service for personal, noncommercial use only, provided
that you maintain all copyright and other notices contained in such
Content. Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without the prior written
permission from the Rights and Permissions Department, or the copyright
holder identified in the individual Content's proprietary rights
notices. You agree that any information, feedback, questions, comments
and/or submissions to any of the Public Forums (as discussed below) or
the like that you provide to us in connection with this Site or our
Services ("Submissions") will be deemed to be provided to us on a
non-confidential and non-proprietary basis and will become and remain
our property. We shall have no obligations of any kind with respect to
any Submissions and shall be free to reproduce, use, disclose and/or
distribute any Submissions for any purpose whatsoever, without
limitation. You also agree that we shall be free to use any ideas,
concepts or techniques embodied in the Submissions for any purpose
whatsoever, including, but not limited to, developing, manufacturing,
and marketing products or services incorporating such ideas, concepts,
or techniques. In addition, you hereby waive all moral rights you may
have in any materials uploaded by you.
If you believe that the content of any Submission provided by you has
been used on the Site in a manner that constitutes copyright
infringement, please provide our Copyright Agent with a written notice
(email is sufficient) that includes the following information: an
electronic or physical signature of a person authorized to act on behalf
of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed; a
description of where the material that you claim is infringing is
located on the Site; your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, under penalty of perjury, that the information in
your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on
the Site is:
Enit Invest SL
Av. Machupichu 26, S 18
28043 Madrid
tel: 0034 93 206 0230
fax: 0034 93 206 0231
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 SL, use the Public
Forums to distribute or otherwise publish any material containing any
solicitation of funds, advertising or solicitation for goods or
services, or to promote Web sites or online services that are
competitive with the Site and the Service. You agree that you will not
submit any ideas for stories, features, designs, scripts, merchandise or
publication of any type.
While we do not and cannot review every message posted by users in the
Public Forums and are not responsible for the content of any of these
messages, Enit Invest SL reserves the right to delete, move or edit
messages that we, in our sole discretion, deem are in violation of the
law (including trademark and copyright law), or these Terms of Service,
or are abusive, defamatory, obscene or otherwise unacceptable. You shall
remain solely responsible for the content of your messages.
3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
If access services is unavailable during the subscription period, the
member has the right for a refund of subscription fee.
Enit Invest SL reserves exclusive right to terminate provision of
services for any member at any time by its sole discretion and refund
full amount of subscription fee.
The Site contains links to other related World Wide Web Internet sites,
resources and sponsors of Enit Invest SL. Selection of an ad banner or
link will redirect you off of the Site to a third party Web site.
Interactions that occur between you and the third party are strictly
between the you and such third party and are not the responsibility of
Playboy. We are not responsible for examining or evaluating, and do not
warrant the offerings of, any of these businesses or individuals or the
content of their Web sites. Enit Invest SL does not assume any liability
or responsibility for the actions, product, availability or content of
these outside resources. You should direct any concerns regarding any
external link to the site administrator or Webmaster of the third party
Web site.
4. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind
submitted by you or Enit Invest SL use thereof in accordance with the
terms and conditions of these Terms of Service, will (i) violate,
plagiarize or infringe upon the rights of any third party, including,
without limitation, copyright, trademark, privacy or publicity, moral
rights, contract or other personal or proprietary rights; (ii) contain
unlawful material; (iii) constitute false or misleading indications of
origin or statements of fact; (iv) slander, libel or defame any person
or entity; or (v) cause injury of any kind to any person or entity; or
(vi) violate any applicable laws, rules, regulations or other
governmental regulations; and (b) that you are at least 18 years old.
You hereby indemnify, defend and hold Enit Invest SL and its officers,
directors, owners, agents, information providers, affiliates, licensors
and licensees (collectively, the "Indemnified Parties") harmless from
and against any and all liability and costs incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of
these Terms of Service or the foregoing representations, warranties and
covenants, including, without limitation, reasonable attorneys' fees.
You shall cooperate as fully as reasonably required in the defense of
any claim. Enit Invest SL reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by you. You shall not enter into any settlement
agreement which affects the rights of Enit Invest SL without Enit Invest
SL prior written approval.
Enit Invest SL neither represents nor endorses the accuracy or
reliability of any advice, opinion, statement or other information
displayed, uploaded, or distributed through the Service by any user,
information provider or any other person or entity. THE SITE, THE
SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED
BY Enit Invest SL OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE
PROVIDED "AS IS." Enit Invest SL MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION,
GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC
FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR
USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. Enit Invest SL
DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE
SERVICES AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
You hereby acknowledge that the use of the Site and the Services
available therein is at your sole risk.
5. LIMITATION OF LIABILITY
Enit Invest SL SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR
ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE
ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY Enit Invest SL OR
THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS,
DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE
SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE
OF THE CAUSE OF ACTION, EVEN IF Enit Invest SL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS.
Some jurisdictions may not allow the exclusion or limitation of
incidental or consequential damages, so the above exclusions shall only
apply to the extent permissible under applicable law. To the fullest
extent permissible under applicable law, Enit Invest SL aggregate
liability, and the aggregate liability of our licensors, to you or any
third parties in any circumstance is limited to One Hundred U.S. Dollars
($100).
6. SOFTWARE LICENSES
You acknowledge and agree that you shall have no rights to the
proprietary software and/or any related documentation, enhancements or
modifications thereto, provided to you to access the Service ("Access
Software"). You may not sublicense, assign or transfer any licenses
granted to you by Enit Invest SL, and any attempt at such sublicense,
assignment or transfer is void. You may make one (1) copy of such
software for archival purposes only. You may not copy, distribute,
modify, reverse, engineer or create derivative works from the Access
Software.
7. SYSTEM INTEGRITY
You may not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any transaction
conducted on the Site. You may not take any action which imposes an
unreasonable or disproportionately large load on our infrastructure. You
may not disclose or share your password with any third parties or use
your password for any unauthorized service.
8. TERMINATION
Enit Invest SL may, in its sole discretion, terminate or suspend your
access or refuse service at any time, without notice, to all or part of
the Service for any or no reason, including, without limitation, breach
of these Terms of Service or the repeated infringement of copyrights
owned by third parties. Enit Invest SL, including, without limitation,
its authorized agents and employees may terminate your use of the Site
without notice in the event that you breach any obligation in these
Terms of Service, including but not limited to, (i) restricting,
inhibiting or disrupting any Enit Invest SL event or (ii) attempting to
alter or improperly access any feature or function of the Site. Your
access may also be subject to termination if you post or transmit any
illegal content; harass or threaten any user of the Site or Enit Invest
SL employee; post content (including, but not limited to, the creation
of usernames) that is offensive or otherwise disruptive of Site
activities; post unsolicited advertising; or improperly impersonate a
Enit Invest SL employee or other individual.
9. RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment
contract. This means that the risk of loss and title for such items
passes to you upon our delivery to the carrier.
10. PRODUCT DESCRIPTION
Enit Invest SL and its affiliates attempt to describe all of the
products on the Site as accurately as possible. However, Enit Invest SL
does not warrant that product descriptions or other Content of this Site
is accurate, complete, reliable, current or error-free. If a product
offered on our Site itself is not as described, your sole remedy is to
return it in unused condition.
11. MISCELLANEOUS
This Agreement has been made in and shall be construed and enforced in
accordance with dutch law without regard to any conflict of law
provisions. Enit Invest SL makes no representation that the Content in
this Site is appropriate for access outside of the Netherlands. Those
who choose to access this Site from outside the Netherlands do so on
their own initiative and are responsible for compliance with local
laws.
Official correspondence must be sent via postal mail to:
Enit Invest SL
Av. Machupichu 26, S 18
28043 Madrid
tel: 0034 93 206 0230
fax: 0034 93 206 0231
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