TERMS AND CONDITIONS
This website is property of Shazura, Inc., a US – Delaware corporation with registered office at 3500 South DuPont Highway Dover, DE 19901 and having a place of business at the 8th floor, 2 Embarcadero Center, San Francisco, CA 94111, USA, (“Shazura”).
- Purpose of the Conditions
These conditions are written in English in their original version, so if the User accesses them in another language, where interpretation may be inconsistent, the English version will prevail.
The validity of these Conditions coincides with the time of their communication until they are fully or partially modified, at which time the modified Conditions will become effective.
- Use of the website
The use of the website is free of charge, without detriment to the cost of connection for the User/s when accessing the website via their corresponding telecommunications network.
- Accuracy of the information
Any User of the website guarantees the authenticity of all data provided as a result of filling in the forms necessary for the provision of services. Similarly, it is the User’s responsibility to keep all information provided to Shazura permanently updated so that it corresponds, at all times, to the User’s real situation. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damage caused to Shazura or third parties due to the information provided.
- Obligation to make proper use of the website and the services
The User is aware and voluntarily and expressly accepts that the use of the website is carried out, in any case, under their sole and exclusive responsibility, agreeing not to conduct themselves in any way that could damage the image, interests, and rights of Shazura, or that would prevent its normal use in any way. Specifically, the User may not:
- Access or use the website for illegal or unauthorized purposes, with or without economic purpose, or use it in a way that may cause damage, interruptions or limitations in its operation, or by means of a third party;
- Use the website for the transmission, installation or publication of any virus or other harmful programs or files;
- Gain unauthorized access to any section of the website, other connected systems or networks, services or passwords, data of third parties or implement any other unlawful means;
- Break, or attempt to break the security or authentication measures of the website, among others.
- Obligation to make proper use of the Content
The User agrees to use the content made available to Users on the website, which includes, but is not limited to, text, photographs, graphics, images, icons, technology, software, links and other audio-visual or audio content, as well as graphic design (hereinafter, the “Content”), in accordance with the law, with these Conditions and other notices, and, in particular, agrees to refrain from:
- Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the Contents, unless authorised by the owner of the corresponding rights or unless doing so is legally permitted;
- Deleting, manipulating or in any way altering any reservation of rights and other identifying data.
- Introduction of Hyperlinks
Users and, in general, those persons who intend to establish a hyperlink between their web page and the website (hereinafter, the “Hyperlink”) must comply with the following conditions:
- No frame shall be created by the website;
- No false, inaccurate or incorrect statements or indications shall be made about Shazura, its managers, its employees, the website and the services provided;
- The website on which the Hyperlink is established shall not contain information or content that is unlawful, contrary to morality and generally accepted good customs and public order, nor shall it contain content that is contrary to any third party rights or Shazura’s activities.
The establishment of the Hyperlink does not imply in any way the existence of a relationship between Shazura and the owner of the website where it is established, nor the acceptance and approval by Shazura of its content or services.
On the other hand, the website may make available to Users technical linking devices (such as links, banners, buttons), which allow Users to access websites belonging to and/or managed by third parties (hereinafter “Linked Sites”). The sole purpose of installing these links on the website is to provide Users with access to information, content and services available on these Linked Sites. Shazura does not offer or market the information, content, and services available on the Linked Sites itself or through third parties, nor does it control, approve, recommend, monitor or make them its own. Shazura does not guarantee or assume any liability for damages of any kind that may be due to:
- The operation, availability, accessibility, or continuity of the Linked Sites;
- The maintenance of the information, content, and services existing on the Linked Sites;
- The provision or transmission of the information, content, and services existing on the Linked Sites;
- The quality, legality, reliability, and usefulness of the information, content, and services existing on the Linked Sites, provided by third parties through the website.
- Intellectual Property
All content on the website, including text, photographs, graphics, images, icons, technology, software, and other audio-visual content, as well as graphic design and source codes, are property of Shazura or, where appropriate, are licensed or expressly authorized by the owners.
The information disseminated on the website, as well as its Content, are owned by Shazura or their authors and are considered protected works in accordance with the provisions of Royal Decree 1/1996 of 12 April, approving the revised text of the Intellectual Property Law. Under no circumstances may it be understood that Shazura grants or authorize our Users to exploit in any way the rights to such content beyond what is strictly necessary for the correct use of the website.
Also, all trademarks, trade names, or logos of any kind that appear on the website are the property of Shazura or have been published with the consent of their rightful owners, without the use or access to the website being construed as granting our Users any rights over their content.
To make any comments regarding possible breaches of Shazura’s intellectual or industrial property rights by third parties, as well as any of the website content, you can inform us of such circumstances by sending an email to firstname.lastname@example.org and attaching the relevant information.
In any case, Shazura cannot assume any responsibility for intellectual or industrial property rights owned by third parties that are infringed by Users of the website or by anyone other than Shazura.
- Exclusion of warranties
Shazura does not guarantee or is responsible for: the continuity of the contents of the website; the absence of errors; the absence of viruses and/or other harmful components; invulnerability and/or the impossibility of violating the security measures that are adopted; the failure or performance of its contents; and the damages or losses caused to themselves or to a third party by any person who violates the conditions established on the website.
Shazura adopts adequate security measures to detect the existence of viruses. However, the User must be aware that Shazura cannot guarantee the absence of viruses or other elements that may cause alterations or damage to the User’s computer systems.
Shazura reserves the right to suspend, modify, limit or interrupt, either temporarily or permanently, the access, navigation and/or use of its web services, with or without prior notification, without the User being able to demand any compensation for such.
9.1. Exclusion of warranties and liability for the operation of the website
Shazura does not guarantee the availability and continuity of the website. Where reasonably possible, Shazura will give prior notice of any interruptions in the operation of the website.
Shazura excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of operation of the website or the failure to meet expectations of the usefulness that Users may have attributed to the website and to failures in accessing the website attributable to those from which the services are provided.
9.2. Exclusion of warranties and liability for User Content
By posting/uploading User content (“User Content”) through the website, Users license its use to Shazura to achieve the objectives communicated in the website.
Shazura also has the right to disclose a User’s identity to any third party who is claiming that any User Content posted or uploaded to our services constitutes a violation of their intellectual property rights, or of their right to privacy.
Shazura, or authorized third parties, reserves the right to cut, crop, edit or refuse to publish, the User’s content at their sole discretion. Shazura has the right to remove, disallow, block or delete any User Content if they do not comply with the content standards. In addition, Shazura has the right – but not the obligation – in its sole discretion to remove, disallow, block or delete any User Content (i) that Shazura considers violating these Conditions, or (ii) in response to complaints from other Users or third parties, with or without notice and without any liability to the User. Shazura does not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstances will Shazura be liable in any way for any User Content.
Shazura accepts no liability in respect to any content submitted by Users and published by Shazura or by authorized third parties.
If you wish to file a complaint about information or materials uploaded by other Users, contact us at email@example.com Shazura takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of.
- Data protection
At Shazura, Users are our priority and we try to address them whenever possible in their own language. This is why we have translated these Conditions into several languages. However, in case of conflict or doubt about the meaning or scope of any section, term, or expression contained in these Conditions, the English version will take precedence because it is the original version in which the Conditions have been written.
- Applicable law and jurisdiction
If any of these Conditions are considered null or void by the Public Administration or Justice Administration, said nullity or lack of validity would not affect the rest of the contents provided in this document. If Shazura does not exercise any right or provision contained in these Conditions, this will not constitute a waiver thereof, unless it is expressly acknowledged in writing.
These Conditions are governed by the Laws of the State of California and, unless otherwise established in the applicable regulations (including consumer and user regulations), any conflict will be submitted by the parties to the judges and courts of San Francisco, CA.
Notwithstanding the foregoing, both parties will make all reasonable efforts to try to resolve disputes amicably.
In case the Users have any question about the conditions reflected in these ‘Conditions’, or if they would like to make any suggestions or recommendations, they should contact us by email at firstname.lastname@example.org