Pantel
Deluxe SL TERMS OF SERVICE. In compliance with USA FCC rules , EU IT Directive
, Dutch IT law.
These Terms of Service are a legal agreement between
You and
Pantel Deluxe SL and the services the company and it's affiliated
companies or branches (hereinafter to be collectively called: "
Pantel Deluxe
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 Pantel Deluxe 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:
Pantel
Deluxe SL.
Pantel Deluxe SL
PS Castellana 284, 2
A
28046 Madrid
tel: 0034 93 206 0230
fax: 0034 93
206 0231
email:
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 Pantel Deluxe 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, Pantel Deluxe
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 acess services is
unavailable during the subscription period, the member has the right for a refund
of subscription fee.
Pantel Deluxe 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
Pantel Deluxe 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. Pantel Deluxe 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 Pantel Deluxe 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 Pantel Deluxe 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. Pantel Deluxe 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 Pantel Deluxe SL without Pantel Deluxe SL
prior written approval.
Pantel Deluxe 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 Pantel Deluxe
SL OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE PROVIDED "AS IS."
Pantel Deluxe 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. Pantel Deluxe 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
Pantel Deluxe 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 Pantel Deluxe 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 Pantel Deluxe 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, Pantel Deluxe 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 Pantel
Deluxe 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
Pantel Deluxe 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. Pantel Deluxe 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 Pantel Deluxe 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 Pantel Deluxe
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 Pantel Deluxe 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 Descriptions
Pantel Deluxe SL and its affiliates attempt
to describe all of the products on the Site as accurately as possible. However,
Pantel Deluxe 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. Pantel Deluxe 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:
Pantel Deluxe SL
PS Castellana 284, 2 A
28046 Madrid
tel:
0034 93 206 0230
fax: 0034 93 206 0231
email: