SPAIN RED

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Terms and Conditions of Use
Legal Notes
User Agreement
Date of Last Revision: November 01, 2011
1.	INTRODUCTION.
A.	Scope and Intent of Registering with Spain Red.
You agree that by registering on Spain Red, or by using our website (“Spain Red”), you are entering into a legally binding agreement with the Spain-USA Foundation, located in Washington, D.C., U.S.A. (“we,” “us,” “our,” and “Spain Red”) based on the terms of this Spain Red User Agreement and the Spain Red Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”), and you become a Spain Red user (“User”).
If you are using Spain Red on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement. If you do not want to become a Spain Red User, do not conclude the Agreement, do NOT click “Join Spain Red” and do not access, view, download or otherwise use any Spain Red webpage or information contained therein. By clicking “Join Now” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the Spain Red User Agreement and Privacy Policy are also collectively referred to as Spain Red’s “Terms of Service.”
2.	YOUR OBLIGATIONS.
A.	Applicable laws and this Agreement
You must comply with all applicable laws and with this Agreement, as may be amended by us from time to time with or without advance notice, and the policies and processes explained in the following sections: 
1.	DOs and DON’Ts;
2.	Complaints Regarding Content Posted on the Spain Red Website; and
3.	Spain Red’s Privacy Policy.
B.	License and warranty for your submissions to Spain Red.
You own the information you provide Spain Red under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. 
Additionally, you grant Spain Red a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid-up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, and use any information you provide, directly or indirectly to Spain Red, without any further consent, notice and/or compensation to you or to any third parties and with the understanding that Spain Red will not use any of the information or intellectual property you submit or post on Spain Red for any commercial purposes. You may “opt out” from granting us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid-up and royalty-free right by clicking the following link [insert “opting out” link]. 
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights, including, without limitation, intellectual property rights, copyrights, or registration rights. It is your responsibility to keep your Spain Red profile information accurate. 
C.	Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Spain Red account to another party; and (5) refrain from charging anyone for access to any portion of Spain Red, or any information therein. 
D.	Indemnification.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, and (2) any activity in which you engage on or through Spain Red. 
E.	Notify us of acts contrary to this Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least thirty (30) days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. 
F.	Privacy.
You should carefully read our full Privacy Policy before deciding to become a User and which is hereby incorporated into this Agreement by reference and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
G.	Contributions to Spain Red
By submitting ideas, suggestions, documents, work product, intellectual property and/or proposals (“Contributions”) to Spain Red you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Spain Red is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Spain Red shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) you irrevocably assign to Spain Red all rights to your Contributions; and (e) you are not entitled to any compensation or reimbursement of any kind from Spain Red under any circumstances. 
3.	OUR RIGHTS AND OBLIGATIONS.
A.	Third Party Sites and Developers.
Spain Red may include links to third party web sites (“Third Party Sites”). You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms and/or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. 
Spain Red is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk and agree that this Agreement does not apply to your use of any Third Party Site. 
B.	Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Spain Red, our Users or the public. 
Disclosures of User information to third parties other than those required to provide customer support, administer this Agreement, or comply with legal requirements are addressed in the privacy policy. 
C.	Connections and Interactions with other Users.
You are solely responsible for your interactions with other Users. 
4.	DISCLAIMER.
WE PROVIDE THE PLATFORM FOR SPAIN RED AND ALL INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPAIN RED DOES NOT CONTROL OR INVESTIGATE USER GENERATED CONTENT FOR ACCURACY. SPAIN RED DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. 
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPAIN RED DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SPAIN RED OR ANYTHING RELATED TO SPAIN RED, YOU MAY CLOSE YOUR SPAIN RED ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 5 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. 
SPAIN RED IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS ELECTRONIC COMMUNICATIONS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH SPAIN RED TO ANYONE. IN ADDITION, SPAIN RED NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF SPAIN RED WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON SPAIN RED MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. 
5.	TERMINATION.
A.	Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to Spain Red pursuant to Section 7.B. Your notice of termination will be effective upon its processing by Spain Red. Spain Red may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. Any such cancellation shall be effective immediately or as may be specified in the notice. Termination of your Spain Red account includes disabling your access to Spain Red and may also bar you from any future use of Spain Red. 
B.	Effect of Termination.
The terms of this Agreement shall survive any termination, except Sections 3.A.-B., and Section 3.D. (“Our Rights and Obligations”) hereof. 
6.	DISPUTE RESOLUTION
A.	Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related hereto shall be governed by the laws of the District of Columbia, U.S.A. regardless of your country of origin or where you access Spain Red, and notwithstanding of any conflicts of law principles. You and Spain Red agree that all claims arising out of or related to this Agreement must be resolved exclusively by a District of Columbia or federal court located in Washington, D.C., U.S.A., except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Spain Red agree to submit to the personal jurisdiction of the courts located within the District of Columbia, U.S.A. for the purpose of litigating all such claims. Notwithstanding the above, you agree that Spain Red shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 
B.	Arbitration Option.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than US$10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he, she or it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. 
7.	GENERAL TERMS.
A.	Severability.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way. 
B.	Notices and Service of Process.
In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings www.spainred.org You may contact us here.
Or via mail or courier at: 
Spain USA Foundation
c/o InCorp Services, Inc.
1090 Vermont Ave. NW, Suite 910
Washington, DC 20005

 Additionally, Spain Red accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect. 
C.	Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. 
D.	Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.spainred.org or notifying you otherwise. For example, Spain Red presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 5.A. (Termination).
E.	No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. 
F.	Assignment and Delegation.
You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, the Spain USA Foundation for any third party that assumes our rights and obligations under this Agreement. 
G.	Potential Other Rights and Obligations.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States. 
8.	SPAIN RED USER “DOS” and “DON’TS.”
As a condition to access Spain Red, you agree to this Agreement and to strictly observe the following: 
A.	You undertake to do the following:
1.	Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
2.	Provide accurate information to us and update it as necessary; and,
3.	Review and comply with our Privacy Policy.
B.	You undertake not to do the following:
1.	Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Spain Red;
2.	Publish inaccurate information on Spain Red. Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
3.	Create a user profile for anyone other than a natural person;
4.	Harass, abuse or harm another person, including sending unwelcomed communications to others using Spain Red;
5.	Upload a profile image that is not your likeness or a head-shot photo;
6.	Create a false identity on Spain Red;
7.	Upload, post, email, transmit or otherwise make available or initiate any content that: 
a.	Falsely states, impersonates or otherwise misrepresents your identity;
b.	Is unlawful;
c.	Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
d.	Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
e.	Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
f.	Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Spain Red or any User of Spain Red;
8.	Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Spain Red (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by Spain Red;
9.	Infringe or use Spain Red’s brand, logos and/or trademarks, including, without limitation, using the word “Spain Red” in any business name, email, or URL or including Spain Red’s trademarks and logos except as expressly permitted by Spain Red.
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