Terms of Use

TERMS OF USE
Updated and effective July 1st, 2020

Introduction
[ HomeAryan.com ], with professional address at [ Calle Del Centre, Nº 8, Costa de la Calma, Calvià, Islas Baleares, España ] and email address [ homearyan@outlook.com ] (“we”, “us” or “our”) provides you (“you” and, together with all persons accessing or using the Website, collectively, the “Users”) access to the website operated at [ https://homearyan.com/ ], its subdomains and such other locations as made available from time to time (collectively, the “Sites” or “Website”) and the services offered through the Website (the “Services” or “Website Services”), for your personal information, educational and entertainment use. 

The following Terms of Use govern your access and use of this Website.  Please read these Terms of Use carefully before using this Website, as they contain important information regarding your legal rights, remedies and obligations. These include, but are not limited to, various limitations, exclusions and indemnities. 
Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this Website and to specific content, data, materials, or information you may upload, submit and/or publish to the Website (“User Content”).  Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

  1. 1.- Acceptance of Terms
    By using or visiting the Website, you agree to these website terms of use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Site (the “Terms” or “Terms of Use”).
    If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use and must cease using the Website.

We may, in our sole discretion, revise these Terms at any time without advance notice. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Website, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions.

  1. 2.- Our Website
    These Terms apply to all users of the Website, including users who contribute content to the Website. The Website may contain interactive areas designed to allow you to post content on the Website and/or comment, including by commenting on our blogs. The use of these features is additionally governed by the Code of Conduct (Section 9 below).
    The Website may contain links to third party websites that are not owned or controlled by us. The links to the third party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third party websites by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. You agree that we will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use of or inability to use such websites. You use and access these third-party websites at your own risk. We recommend that you make yourself aware of and read the legal and privacy notices of all the third-party websites that you visit.
  2. 3.- Privacy Notice
    Personal information provided through this Website shall be used in accordance with our Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Website.
    You acknowledge that you have read the Privacy Policty located on the Website at [ https://homearyan.com/privacy-policy/ ], as it may be updated from time to time (the “Privacy Policy”). You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.

  3. 4.- User Accounts
    To access some features of the Website, you may have to register for a user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your user account.
    Although we will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses suffered by us or third parties due to such unauthorized use.

  4. 5.- Ownership of Website Content
    You acknowledge that all content on this Website, including, without limitation, the Website’s design, graphics, text, formatting, sounds, pictures, images, user interfaces, page headers, custom graphics, button icons, scripts, software, trademarks, service marks, trade names, trade dress, logos and other materials and information on this Website, and the selection and arrangement thereof (collectively, the “Content”), but excluding User Content (see Sections 7, 8 and 10 below), is owned, controlled or licensed by or to us, holders of this Website, and is protected by Spanish and international copyright, trademark and various other intellectual property laws and rights.
    Except as expressly authorized in these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without our prior written authorization.
    We authorize you to view and download the Content, provided that (i) you use the Content only for your own personal, non-commercial use, (ii) you keep intact all copyright and other proprietary notices contained therein, and (iii) you do not modify or adapt the Content in any way. All rights to the Content not expressly granted in these Terms of Use are expressly reserved to us, as holders of this Website.

  5. 6.- Disclaimer of Warranties
    THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS IN CERTAIN CIRCUMSTANCES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
    YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    WITHOUT LIMITING THE FOREGOING, WE STRIVE TO PROVIDE AND UP-TO-DATE MATERIAL ON THIS WEBSITE. HOWEVER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS ON THIS WEBSITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

  6. 7.- Disclaimer of Damages and Limitation of Liability
    WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  7. 8.- Indemnification and Release
    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY’S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE. IN SUCH A CASE, WE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
    If you have a dispute with one or more users, you release US from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  8. 9.- Code of Conduct
    a. You may not use the Website for any illegal or unauthorized purpose. In addition to the laws of Spain, you also agree to comply with all local laws that apply to your use of the Website.
    b. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, our servers or computer network, or interfere with any other party’s use and enjoyment of the Website.
    c. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website, you will not:

    _post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;

    _defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including any material that encourages criminal conduct or conduct that would give rise to civil liability;


    _post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;

    _impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;

    _use the Website in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);

    _use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website to collect information about other users or domain names;

    _upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another;

    _submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party, or

_use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site.

d. While we prohibit such conduct and User Content in connection with the Website, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Website at your own risk.

e. We reserve the right to monitor use of this Website to determine compliance with these Terms. Although we do not read, review, vet or otherwise assess User Content in advance of its posting, we reserve the right to remove any User Content and/or terminate your User Account without notice for breach or for any other rightful reason.

  1. 10.- Legal Capacity and License
    10.1 You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms of Use and use the Website in accordance with them. You affirm that you are either more than 13 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
    We understand the importance of protecting children’s privacy online. The Website covered by these Terms of Use is not intentionally designed for or directed at children 13 years of age or younger. It is our policy never to knowingly collect or maintain information about anyone under the age of 13.
    If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms of Use on behalf of such organization and all references to “you” throughout these Terms will include such organization, jointly and severally with you personally.
    10.2 We grant to you a non-exclusive, non-transferable, limited license only to use the Website, in accordance with the provisions set out in these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved by us and, if applicable, our licensors.

  2. 11.- Governing Law and Dispute Resolution
    Except where prohibited by law, these Terms and all matters related thereto shall be governed by and construed in accordance with the laws of Spain, without giving effect to its conflict of laws provisions. You hereby consent and agree to submit to the personal and exclusive jurisdiction of the courts located in Palma de Mallorca, Spain, for the purposes of any action relating to this Site, your access or use thereof or these Terms of Use. We physically maintain and operate the Website from Palma de Mallorca, Spain.
    You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.

  3. 12.- Severability
    These Terms constitute the entire agreement between you and us with respect to the use of the Website and the Services and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.

  4. 13.- Language
    In the event of any inconsistency between the different language versions of these Terms, the English version shall govern.

  5. 14.- No Waiver
    Our failure to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit our right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

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