ARTICLES

1. INTRODUCTION AND ACCEPTANCE

Welcome to garoina.com ( “Website ” ), an interactive online service operated by Garoina , SL and its subsidiaries ( ” we ” , ” us” or “our ” ) . PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND / OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE . You agree that these Terms of Use are supported by valuable consideration , the receipt and sufficiency of which you acknowledge . This consideration includes , without limitation, your use of the Website and the materials and information available on it, and the possibility of publication or publicity of your User Content (as defined in Section 5 ) . In addition to these Terms of Use , we have established a Privacy Policy to explain how we collect and use information about you . A copy of this policy can be found here and is incorporated by reference into these Terms of Use . By accessing or using the Website, you are also accepting your acknowledgment and acceptance of our Privacy Policy .

Two . INTELLECTUAL PROPERTY

The website contains content (and derivative works or enhancements thereof ) , including but not limited to , text, illustrations , files, images , software, scripts, graphics , photos, sounds, music , videos, information, content , materials , products, services , URLs , technology , documentation and interactive features (collectively, the “Site Content ” ) (and all intellectual property rights thereof) are owned by us , our licensors , or both. Additionally, all trademarks , service marks , trade names and trade dress that may appear on the Website are owned by us , our licensors , or both. Except for the limited use rights granted to you in these Terms of Use, you will not acquire any right, title or interest in the Website or any Website Content . All rights not expressly granted in these Terms of Use are expressly reserved .

Three . WEBSITE ACCESS AND USE

(A ) Access to the Website, including without limitation, the Website Content is provided for your information and personal use , not commercial. By using the Website, you agree to comply with all federal , state and local , including , without limitation, copyright . Except as expressly permitted in these Terms of Use, you may not use , reproduce, distribute or create derivative works based upon , publicly display , publicly perform, publish, transmit , or otherwise exploit the website content for any purpose without prior written consent from us or , in the case of third party content, its respective owner . In certain cases , it may enable you to download or print Website Content or both. In that case, you may download or print ( as applicable) one copy of Website Content for your personal , noncommercial use. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content .

( B ) Furthermore , except as expressly permitted in these Terms of Use, you may not: ( i ) remove, alter, cover , or distort any copyright, trademark or other proprietary rights in the Content web Site , ( ii ) circumvent , disable or otherwise interfere with security related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or that establish limitations on the use of content website, ( iii ) use an automatic device (such as a “robot ” or “spiders ” ) or manual process to copy the website for any purpose without our express written permission . Notwithstanding the foregoing , you grant public search engines permission to use automatic devices (such as ” robots” or ” spiders” ) to copy website content for the sole purpose of creating (and only to the extent necessary ) an index search the website. We reserve the right to revoke this permission ( generally or specifically ) at any time , ( iv ) collect or harvest any personally identifiable information from the Website, including without limitation, user names , passwords , email addresses , ( v ) solicit other users to join or become members of any other commercial online service or other organization without our prior written consent , (vi ) attempt to or interfere with the proper functioning of the Website or impair, overburden, or disable the same ( vii ) decompile , reverse engineer , or disassemble any portion of any website, ( viii ) use network -monitoring software to determine architecture or extract data from web site usage , ( ix ) encourage conduct that violates any local , state or federal , civil or criminal , or impersonate another user, person or entity (eg , by signing another person ( as defined in Section 4 (B ) ) without permission, etc. . ) , ( x ) violate Spain export laws , including , without limitation, violations of the export Administration Act and the export Administration Regulations administered by the Department of Commerce, or ( xi ) engage in any conduct that restricts or inhibits any other user person or entity from using or enjoying the Website.

( C ) You agree to cooperate fully with us to investigate any suspected or actual activity that is in violation of these Terms of Use .

April . REGISTERED USERS

(A ) In order to access or use some features of the Website , you may need to be a registered user . If you are under the age of 18, then you are not permitted to register as a user to submit personal information .

( B ) If you become a registered user, you will provide true, accurate and complete registration. During registration, you will create a username and password ( “Membership” ), which may allow access to certain areas of the website that is not available to unregistered users. You are responsible for safeguarding and maintaining the confidentiality of your membership . You are solely responsible for the activity that occurs under your Membership , whether or not you have authorized the activity. You agree to immediately notify the above address of any security violation or unauthorized use of your membership.

May . USER CONTENT

( A) We may now or in the future permit users to receive post , upload, transmit through , or otherwise make available on the website (hereinafter , “submit” ) messages, text , images, files, images , graphics, photos, comments , sounds, music , videos, information, content, and / or other materials ( “User Content ” ) . Without prejudice to the rights and license you grant herein, you retain all rights, title and interest in your User Content . Not guarantee any confidentiality with respect to User Content even if it is not published on the website . You are solely responsible for monitoring and protecting intellectual property rights you may have in your User Content , and we accept no responsibility for them .

( B ) No submit any User Content protected by copyright, trademark, patent , trade secret, moral right , or other intellectual property or proprietary right without the express permission of the owner of the rights . You are solely responsible for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

( C ) No submit any content that: ( i ) violates or infringes in any way the rights of third parties, including but not limited to copyright , trademark , patent, trade secret, moral right , or other intellectual property or proprietary right of any person or entity, ( ii ) impersonates another or is unlawful, threatening , abusive , libelous , defamatory , invasive of privacy or publicity rights , vulgar , obscene , pornographic , profane , or otherwise objectionable , (iii ) encourages conduct that could constitute a criminal offense , give rise to civil liability or otherwise violate any law, ( iv ) an advertisement for goods or services, or a solicitation of funds , ( v ) contains personal information such as messages which identify phone numbers, social security numbers , account numbers , addresses or employer references , (vi ) contains a formula, instruction , or advice that could cause harm or injury, or ( vii ) a string of letters any kind. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.

( D ) By submitting User Content to us , simultaneously with such posting, you automatically grant , or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual , irrevocable , non-exclusive and fully of right and transferable right and license to use, reproduce , distribute or create derivative works based upon ( including , without limitation, translations ) , publicly display , publicly perform, transmit and publish the User Content (in whole or in part) as we , in our sole discretion, deem appropriate including, without limitation, ( 1) in connection with our business , and ( 2) in connection with the businesses of our successors , parents, subsidiaries , and their related companies. We may exercise this grant in any format , media or technology now known or later developed for the full term of any copyright that may exist in such User Content . Moreover, also grant other users permission to access your User Content and to use, reproduce , distribute or create derivative works based upon , publicly display , publicly perform , transmit, and publish your User Content for personal, non-commercial as permitted through the functionality of the Website and these Terms of Use .

( E ) By submitting User Content, you also grant us the right , but not the obligation, to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print , online, or any other use or publication of your user Content . Notwithstanding the foregoing , you waive any claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “moral rights ” in connection with User Content .

(F ) We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third party service providers ( including their downstream users ) .

(G ) We have the right but not the obligation, to monitor User Content . We have the right , at our discretion and for any reason whatsoever to edit, refuse to post, remove or disable access to any User Content .

June . WEBSITE AND THIRD PARTY LINKS

(A ) We provide the Website, including, without limitation Website Content for educational , informational and entertainment for promotional purposes only . You can not rely on any information and opinions expressed in any of our Website for any other purpose. In all cases , it is your responsibility to evaluate the accuracy, timeliness , completeness or usefulness of the content of the website. In no event will we be liable for any loss or damage caused by your reliance on any Website Content .

( B ) In many instances , Website Content will include content posted by a third party or as representing the opinions and judgments of a third party. We do not endorse or guarantee , and we are not responsible for the accuracy, currency , completeness or reliability of any opinion , advice or statement made on the Website by anyone other than authorized employee or publishers acting in his official capacity .

( C ) If there is a dispute between persons accessing the Website or of the people who access the web and any third party , you understand and agree that we have no obligation to participate . If there is a dispute , you release us and our officers , directors , employees, parents , partners, successors , agents, affiliates, subsidiaries , and their related companies from claims, demands and damages of any kind or nature arising out of, relating to , or in any way connected with such dispute.

( D ) The Website may contain links to other websites maintained by third parties . We do not operate or control in any respect , or necessarily endorse the content found on these third party websites . You assume full responsibility for the use of third party links . We are not responsible for any content posted on third party websites or for any loss or damage of any kind incurred as a result of their interactions with others or their website.

July . INDEMNITY

You agree to indemnify and hold harmless , and their officers, directors , employees, parents , partners, successors , agents, distributors , affiliates, subsidiaries , and their related companies from and against any and all claims, liabilities , losses, damages , obligations , costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to or which may arise in connection with : ( i ) access or use of the Website , ( ii ) user Content provided by you or through use of your membership , ( iii ) any actual or alleged violation or breach by you of these Terms of Use, ( iv ) any actual or alleged breach of any representation , warranty or covenant that has made us or ( v ) your acts or omissions. You agree to cooperate fully with us in the defense of any claim.

 

August . DISCLAIMERS

( A) YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE ” WITHOUT WARRANTY OF ANY KIND , EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW , WE AND OUR OFFICERS , DIRECTORS , EMPLOYEES , AFFILIATES , PARTNERS , SUCCESSORS , AGENTS , DISTRIBUTION PARTNERS , AFFILIATES , SUBSIDIARIES AND RELATED COMPANIES DISCLAIM ALL WARRANTIES INCLUDING : ( 1 ) WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS , (2) WARRANTIES CONCERNING THE AVAILABILITY , ACCURACY , CONTENT SECURITY , USEFULNESS , TIMELINESS INFORMATIVE WEB SITE , OR CONTENT OF THE WEBSITE, (3) WARRANTIES OF TITLE , NON-INFRINGEMENT , MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (4 ) WARRANTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEB SITE , (5) WARRANTIES ABOUT THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, (6 ) WARRANTY THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR SECURE , AND (7 ) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

( B ) CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO CHECK THE PRICES OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE PRIOR TO THE EXECUTION OF A STOCK TRADE OR , MAKING OTHER FINANCIAL DECISIONS . WE OR OUR CONTENT PROVIDERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED ON OR ACCESSED THROUGH THE WEBSITE.

9. LIMITATION OF LIABILITY

( A) UNDER NO CIRCUMSTANCES SHALL WE OR OUR OFFICERS , DIRECTORS , EMPLOYEES , AFFILIATES , PARTNERS , SUCCESSORS , AGENTS , DISTRIBUTION PARTNERS , AFFILIATES , SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT , INCIDENTAL , SPECIAL , CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ), RESULTING FROM , RELATING TO OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THIS WEBSITE OR ANY LINKS ON THE WEB SITE , AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR POSTED AT ANY CONNECTION WITH THIS WEBSITE OR ANY LINKS ON THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE .

( B ) NOTWITHSTANDING THE CONTRARY , IN NO EVENT SHALL THE AGGREGATE LIABILITY OF U.S. AND OUR OFFICERS , DIRECTORS , EMPLOYEES , AFFILIATES , PARTNERS , SUCCESSORS , AGENTS , DISTRIBUTION PARTNERS , AFFILIATES , SUBSIDIARIES AND RELATED COMPANIES , EXCEED THE GREATER TOTAL PAYMENTS WE RECEIVED FROM YOU FOR THE PAST TWELVE MONTHS (12 ) or 100 € . YOU FURTHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO , OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE ( 1) YEAR AFTER THE CAUSE OF ACTION ; OTHERWISE, SUCH ACTION SHALL BE PROHIBITED.

10 . TERMINATION

( A) We reserve the right, at our discretion at any time to terminate or suspend your Membership and / or block your access to the Site for any reason, including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use . You agree that we shall not be liable to you or any third party for any termination or suspension of membership or block your access to the website.

( B ) Any suspension or termination shall not affect your obligations to us under these terms of use . The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive , including but not limited to the rights and licenses that you have granted hereunder , indemnities, releases , disclaimers , limitations on liability, provisions related to applicable law, dispute resolution, no class action , a jury trial and all the miscellaneous provisions in Section 17 .

11. COPYRIGHT POLICY

( A) We respect the intellectual property rights of others and expects users to do the same. In appropriate circumstances and at our discretion , we may terminate and / or disable the Membership of users suspected to be infringing the copyrights ( or other intellectual property rights ) of others. Additionally, in appropriate circumstances and at our discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringe it , or subject of infringing activity .

( B ) In accordance with applicable law, we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (the ” Designated Agent ” ) .

( C ) If you are a copyright owner ( or authorized to act on behalf of the copyright owner ) and believe that your copyrighted work has been violated , please notify the infringement to our designated agent notice writing of the claimed infringement that includes the following : ( i ) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ( ii ) Identification of the copyrighted work that allegedly been infringed, or , if multiple copyrighted works at a single online site are covered by a single notification , a representative list of such works at that site. ( iii ) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled , and information reasonably sufficient to permit us to locate the material . ( iv ) Information reasonably sufficient to permit us to contact you, such as your address , telephone number and , if available, an email address where you can be contacted. ( v ) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent , or the law. (vi ) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate actions under the Act Questions that do not follow this procedure may not receive a response .

12. CHOICE OF LAW , JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with Spanish law , without regard to its conflict of laws. Judicial proceedings against us that may arise out of , relate to, or be associated in any way with our website or these Terms of Use shall be brought exclusively in Spanish courts and you waive any jurisdictional , or inconvenience to those courts .

13. DISPUTE RESOLUTION

In the Dispute Resolution Section only , “we” is used to refer to you and us together.

( A) We each agree to first contact each other with any disputes and provide a written description of the problem , all documents / information and the proposed resolution. You agree to contact us at the address provided in these Terms of Use . We will contact you based on the contact information you have provided .

( B ) We each agree to settle all disputes ( as defined and subject to any specific exceptions below) only by arbitration. In arbitration , there’s no judge or jury and review is limited. However, just as a court , the arbitrator must honor the terms and limitations in the Terms of Use and can award the same damages and relief. The arbitrator’s decision and award is final and binding , with some exceptions under the Arbitration Act , and judgment on the award may be entered in any court having jurisdiction . We each also agree as follows: ( i ) “Disputes ” are any claims or controversies against each other related in any way to the Web Site Content , or these Terms of Use – this includes claims you bring in against our employees , agents, affiliates or other representatives . ( ii ) If either of us wants to arbitrate a dispute , we agree to send written notice to the other party with a description of the dispute , previous efforts to resolve the conflict , all documents / information, and the proposed resolution. We agree to make attempts to resolve the conflict. If you can not resolve the dispute within forty -five ( 45 ) days after receipt of the notice of arbitration , then may submit the dispute to formal arbitration . ( iii ) The arbitration will be conducted by a single neutral arbitrator and will take place in Barcelona. Spanish law that applies to these Terms of Use will also apply during the arbitration. ( iv ) We each agree not to pursue arbitration broadly. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual ‘s claim ) . If for any reason a court or arbitrator holds that this restriction is unacceptable or unenforceable, then our agreement to arbitrate does not apply and the dispute and must be brought to justice . ( v ) Each of us are responsible for our respective costs relating to counsel, experts and witnesses , and any other expenses related to the arbitration.

( C ) Either of us may bring qualifying claims in small claims court .

14. NO CLASS ACTIONS

TO THE EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE PERSON IN ANY PROCEEDING , SUIT , ARBITRATION OR OTHERWISE.

15. NO JURY TRIAL

TO THE EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING DEMAND , ARBITRATION OR OTHER .

16. AMENDMENT ; ADDITIONAL TERMS

( A) We reserve the right , at our sole discretion at any time for any reason , modify or discontinue any aspect or feature of the Website or to modify these Terms of Use . In addition , we reserve the right to offer the performance standards or additional terms that govern your use of the Website generally , unique parts of the Website , or both ( “Additional Terms” ) . Any additional provisions that may provide will be incorporated by reference into these Terms of Use. To the extent of any further conflict with these Terms of Use, the Additional Terms shall control.

( B ) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice , either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms . Your access and use of the website after any modification of these Terms of Use or the provision of Additional Terms will mean your consent and acceptance of the same . If you object to any subsequent revision to the Terms of Use or any additional condition , immediately stop using the Website and , if applicable , cancel your membership .

17. VARIOUS

( A) The waiver by either party of any violation or default be deemed a waiver of any preceding or subsequent breach or default . The section headings herein are for convenience only and shall not be given any legal import . If any provision of these Terms of Use is held invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the TOS , which shall remain in full force and effect.

( B ) These Terms of Use ( including the Privacy Policy and any Additional Terms incorporated by reference ) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous agreements , written or oral agreements between us with respect to the object the same question.

( C ) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder , in whole or in part, without our prior written consent . Any such purported assignment or delegation by you without the appropriate prior written consent shall be void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.