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GENERAL CONDITIONS FOR THE USE OF THE PORTAL
1. THESE GENERAL CONDITIONS AND THE ACCEPTANCE THEREOF
These general conditions (hereinafter, the "General Conditions") regulate the use of the use of the Internet portal www.terra.com (hereinafter, the "Portal") that Terra Networks Operations, Inc., d/b/a Terra Networks USA (hereinafter, "TERRA") places at the disposal of Internet users free of charge. The use of the Portal will give the person making use thereof the condition of Portal user (hereinafter, "User") and implies his/her full acceptance, without reservations, of each and every one of the General Conditions, in the version thereof published by TERRA at the moment the User accesses the Portal. As a result, the User must carefully read the General Conditions every time he/she intends to use the Portal. The use of certain services offered to the Users through the Portal are subject to particular conditions relating specifically thereto that, according to the case, substitute, complete, or modify the General Conditions (hereinafter, the "Specific Conditions"). Therefore, before using such services, the User must also carefully read the corresponding Specific Conditions. Likewise, the use of the Service is also subject to all the cautions, regulations for use and instructions brought to the User's knowledge by TERRA, which complete the provisions of these General Conditions, to the extent that they do not oppose them.
2. OBJECT
Through the Portal, TERRA provides access to and use of various services and contents placed at the disposal of the Users by TERRA or by third party users of the Portal and/or third party suppliers of services or contents (hereinafter, the "Services"). TERRA reserves the right to unilaterally modify, at any time and without prior warning, the presentation and configuration of the Portal, as well as the Services and the conditions to be met when using the Portal and the Services, in particular to charge for all or part of the elements that integrate the service.
3. CONDITIONS TO THE ACCESS TO AND USE OF THE PORTAL
3.1. Free nature of the access to and use of the Portal. The provision of the Portal service by TERRA is free of charge and does not require subscription or registration on the part of the User prior to the use thereof. Notwithstanding the above, some Services may only be used after prior subscription or registration by the User and/or the payment of a price, as expressly indicated in their corresponding Specific Conditions.
3.2. Obligation to use the Portal and the Services correctly. The User undertakes to use the Portal and the Services in accordance with the law, these General Conditions and with generally accepted ethics and proper conduct and public order. The User undertakes not to use the Portal or the Services for ends or purposes that are illegal, prohibited by these General Conditions, that violate and are harmful to the rights and interests of third parties or that in any way may damage, render useless, overload or deteriorate the Portal and the Services, or prevent the normal use or enjoyment of said Portal and Services by other Users.
3.3. Methods for obtaining Contents. The User shall abstain from obtaining or attempting to obtain information, messages, graphics, drawings, image and/or sound files, photographs, recordings, software and, in general, any type of material accessible through the Portal or the Services (hereinafter, the "Contents") by employing methods or procedures other than those, according to the particular case, that have been placed at his/her disposal for this purpose or that have been indicated for this purpose in the web pages where the Contents are located or, in general, that are commonly used over the Internet for this purpose, provided that these do not imply a risk that the Portal, Services and/or Contents will be damaged or rendered inoperative.
3.4. Correct use of the Contents. The User undertakes to use the Contents diligently, correctly and in a legal manner and, in particular, undertakes to abstain from (a) using the Contents for ends or purposes that are in violation of the law, of generally accepted ethics and proper conduct and public order; (b) reproducing or copying, distributing, permitting access to the public by any means of public communication, transforming or modifying the Contents, unless granted the authorisation to do so be the titleholder of the corresponding rights thereover or if it is legal to do so; (c) deleting, avoiding or manipulating the "copyright" and other identifying data as to the rights held by TERRA or other titleholders incorporated into the Contents, as well as the technical protection devices, digital fingerprints or any other information mechanisms that might be contained in the Contents; (d) using the Contents and, in particular, information of any kind accessed through the Portal or the Services in order to send advertising or communications for the purposes of direct sale or for any other commercial purpose, unrequested messages addressed to multiple persons independently of the purposes thereof, as well as abstain from commercialising or disclosing such information in any way.
3.5. Introduction of hyperlinks allowing access to the Portal's web pages and the Services. The Users and, in general, those persons wishing to create a hyperlink between their web page and the Portal (hereinafter, the "Hyperlink") must meet the following conditions: (a) the Hyperlink will only allow access to the Portal's web pages and may not reproduce them in any way; (b) hyperlinks shall not be established with the Portal's web pages other that the home-page or the first page of the Portal or of the Services; (c) browsers and border environments shall not be created on the Portal's web pages; (d) false, inaccurate or incorrect declarations shall not be made on the web pages of the Portal or the Services and, in particular, it shall not be declared or made understood that TERRA has authorised the Hyperlink or supervised or assumed in any way whatsoever the contents or services offered or made available in the web page where the Hyperlink is established; (e) except for the signs that form part of the Hyperlink itself, the web page in which the Hyperlink is established shall not contain any trademarks, trade names, signage, names, logos, slogans, or other distinctive signs belonging to TERRA; (f) the web page in which the Hyperlink is established will not contain information or contents that are illegal or contrary to generally accepted ethics and proper conduct and public order, and shall not include contents that violate the rights of third parties. The establishment of the Hyperlink will, in no event, imply the existence of a relationship between TERRA and the owner of the web page in which said Hyperlink is established, or the acceptance or appropriation by TERRA of its contents or services.
3.6. Liability for damages. The User will be liable for the damages and losses of any kind that TERRA suffers, be it directly or indirectly, as a result of the breach of any of the obligations deriving from these General Conditions or the law in respect of the use of the Portal.
4. PERSONAL DATA
In order to use some of the Services, the Users must provide certain data of a private and personal nature (hereinafter, the "Personal Data"). TERRA will process the Personal Data by automated means for the purposes set forth in the conditions defined in its Data Protection Policy published in the URL www.terra.com/info-en/privacidad.htm.
5. USE OF COOKIE TECHNOLOGY
TERRA uses cookies when a User browses the web pages of the Portal. Our cookies are only associated with an anonymous User and his/her computer and do not provide references that allow the deduction of the name and surname thereof. The TERRA cookies cannot read data from the hard disk or cookie files created by other suppliers. TERRA encrypts the user's identifying data for increased security. Thanks to the cookies, it is possible for TERRA to recognise the registered Users once these have registered for the first time, without them having to register on each visit to access the areas and services that are reserved exclusively for them. The User has the option of configuring his/her browser to warn of the receipt of cookies and prevent the installation thereof on his/her hard disk. Please, see the instructions and manuals of your browser for further information in this respect. In order to use the Portal, it is not necessary for the User to allow the installation of cookies sent by TERRA, notwithstanding the fact that, in this case, the User will have to register each time he/she accesses a service requiring prior registration.
6. USE OF THE PORTAL, OF THE SERVICES AND THE CONTENTS ARE THE EXCLUSIVE RESPONSIBILITY OF THE USER
The User acknowledges and voluntarily accepts that the use of the Portal, of the Services and the Contents shall be, in any event, their sole and exclusive responsibility.
7. EXCLUSION OF GUARANTEES AND LIABILITY
7.1. Exclusion of guarantees and liability for the operation of the Portal and the Services
7.1.1. Availability, continuity, usefulness and fallibility. TERRA does not guarantee the availability and continuity of the operation of the Portal and the Services. When reasonably possible, TERRA will issue prior warning as to an interruption to the operation of the Portal and the Services. TERRA does not guarantee the usefulness of the Portal or the Services in relation to any specific activity, or its infallibility and, in particular, although not exclusively, that the Users may effectively use the Portal and the Services, access the various web pages making up the Portal or those from which the Services are provided. TERRA IS FREE FROM ANY LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE THAT MAY BE CAUSED DUE TO THE LACK OF AVAILABILITY OR CONTINUITY OF OPERATION OF THE PORTAL AND THE SERVICES, THE LACK OF USEFULNESS THAT THE USERS MAY HAVE ATTRIBUTED TO THE PORTAL OR THE SERVICES AND THE FAULTS TO THE SERVICE, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, TO FAULTS IN THE ACCESS OF THE VARIOUS WEB PAGES COMPRISING THE PORTAL OR THOSE FROM WHICH THE SERVICES ARE PROVIDED.
7.1.2. Privacy and security in the use of the Portal and the Services. TERRA does not guarantee privacy and security when using the Portal or the Services and, in particular, does not guarantee that unauthorised third parties cannot obtain knowledge of the type, conditions, characteristics and circumstances of use made by the Users of the Portal and the Services. TERRA IS FREE FROM ALL LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE DERIVING FROM THE KNOWLEDGE THAT THIRD PARTIES MAY OBTAIN AS TO THE TYPE, CONDITIONS, CHARACTERISTICS OF USE AND CIRCUMSTANCES UNDER WHICH THE USERS USE THE PORTAL AND THE SERVICES.
7.2.3. Truthfulness, accuracy, completeness and up to date nature. TERRA does not guarantee the truthfulness, accuracy, completeness and up to date nature of the Contents. TERRA IS FREE FROM ANY LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE THAT ARE DUE TO THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS AND/OR UP TO DATE NATURE OF THE CONTENTS.
7.3. Exclusion of guarantees and liability for the services provided by third parties through the Portal
7.3.1. Quality. TERRA does not control or guarantee the absence of viruses or other elements in the services provided by third parties through the Portal that may cause alternations in your computer system (software and hardware) or in the electronic documents and files stored therein. TERRA IS FREE FROM LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE THAT MAY DERIVE FROM THE PRESENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL THAT CAUSE ALTERATIONS TO COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS AND FILES BELONGING TO THE USERS.
7.3.2. Legality, accuracy and usefulness. TERRA does not guarantee the legality, accuracy and usefulness of the services provided by third parties through the Portal. TERRA IS FREE FROM ALL LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE CAUSED BY THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL AND, IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR THE DAMAGES AND LOSSES CAUSED BY (A) A VIOLATION OF THE LAW, GENERALLY ACCEPTED ETHICS AND PROPER CONDUCT AND PUBLIC ORDER AS A RESULT OF THE PROVISION OF THE SERVICES BY THIRD PARTIES THROUGH THE PORTAL; (B) A VIOLATION OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, OF CORPORATE SECRETS, OF CONTRACTUAL COMMITMENTS OF ANY KIND, OF THE RIGHTS TO REPUTATION, PERSONAL AND FAMILY PRIVACY AND IMAGE OF INDIVIDUALS, OF OWNERSHIP RIGHTS AND OF RIGHTS OF ANY OTHER NATURE HELD BY THIRD PARTIES AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE PORTAL; (C) THE PERFORMANCE OF ACTIVITIES INVOLVING UNFAIR COMPETITION OR ILLEGAL ADVERTISING AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE PORTAL; (D) THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS, OWNERSHIP AND/OR UP TO DATE NATURE OF THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, RECEIVED, OBTAINED, MADE AVAILABLE OR ACCESSED BY WAY OF THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL; (E) THE INADEQUATE NATURE FOR ANY PURPOSE AND THE LACK OF USEFULNESS IN RELATION TO THE EXPECTATIONS GENERATED BY SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL; (F) THE NON-FULFILMENT, DELAY IN FULFILMENT, DEFECTIVE FULFILMENT OR TERMINATION FOR WHATEVER CAUSE OF THE OBLIGATIONS ENTERED INTO BY THIRD PARTIES AND CONTRACTS EXECUTED WITH THIRD PARTIES IN RELATION TO OR DUE TO THE SERVICES PROVIDED THROUGH THE PORTAL; (G) THE FAULTS AND DEFECTS OF ANY KIND TO SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL.
7.4. Exclusion of guarantees and liability for the services and contents located outside the Portal. The Portal places at the User's disposal technical link mechanisms (such as, among others, links, banners, buttons), directories, and search tools that allow the User to access web sites belonging and/or managed by third parties (hereinafter, "Linked Sites"). The sole purpose of the installation of these links, directories and search engines is to aid the Users in the search for and access to information available over the Internet. TERRA does not offer or commercialise, on its own behalf or on that of the third parties, the products and services available in the Linked Sites. TERRA does not previously control, approve, supervise or make its own the products, services, contents, information, data, files, products or any type of material existing in the Linked Sites. Therefore, the User must exercise extreme judgement and prudence in evaluating and using the services, information, data, files, products and any other kind of material existing in the Linked Sites. TERRA DOES NOT GUARANTEE OR ASSUME ANY LIABILITY WHATSOEVER FOR THE DAMAGES AND LOSSES OF ANY NATURE CAUSED BY (A) THE OPERATION, AVAILABILITY, ACCESSIBILITY OR CONTINUITY OF THE LINKED SITES; (B) THE MAINTENANCE OF THE SERVICES, CONTENTS, INFORMATION, DATA, FILES, PRODUCTS AND ANY KIND OF MATERIAL EXISTING IN THE LINKED SITES; (C) THE PROVISION OR TRANSMISSION OF THE SERVICES, CONTENTS, INFORMATION, DATA, FILES, PRODUCTS AND ANY KIND OF MATERIAL EXISTING IN THE LINKED SITES; (D) THE QUALITY, LEGALITY, ACCURACY, AND USEFULNESS OF THE SERVICES, CONTENTS, INFORMATION, DATA, FILES, PRODUCTS AND ANY KIND OF MATERIAL EXISTING IN THE LINKED SITES, UNDER THE SAME TERMS AND WITH THE SAME SCOPE AS SET FORTH IN GENERAL CONDITION 7.2 AND 7.3 AS REGARDS THE CONTENTS AND THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL.
7.5. Exclusion of guarantees and liability for the use of the Portal, the Services and the Contents by the Users. TERRA is not obliged to and does not control the use made by the Users of the Portal, the Services and the Contents. In particular, TERRA does not guarantee that the Users will use the Portal, the Services and the Contents in accordance with these General Conditions and, as appropriate, the applicable Specific Conditions or that they will do so diligently and prudently. TERRA is not obliged to verify and does not verify the identity of the Users or the truthfulness, validity, completeness and/or authenticity of the data provided by the Users about themselves to other Users. TERRA IS FREE FROM ALL LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE DUE TO THE USE OF THE SERVICES AND THE CONTENTS BY THE USERS OR THAT MAY BE DUE TO THE LACK OF TRUTHFULNESS, VALIDITY, COMPLETENESS AND/OR AUTHENTICITY OF THE INFORMATION PROVIDED BY USERS TO OTHERS ABOUT THEMSELVES AND, IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR THE DAMAGES AND LOSSES OF ANY NATURE THAT ARE DUE TO THE ASSUMPTION OF THE IDENTITY OF A THIRD PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE PORTAL.
8. LICENCE
TERRA does not confer any licence or authorisation whatsoever over its intellectual or industrial property rights, or over any other property or right relating to the Portal, Services or Contents.
9. DENIAL OR WITHDRAWAL OF ACCESS TO THE PORTAL AND/OR THE SERVICES
TERRA reserves the right to deny or withdraw access to the Portal and/or Services, at any time and without being required to issue prior warning, to any Users that fail to comply with these General Conditions or the applicable Specific Conditions.
10. PROCEDURE IN THE EVENT OF A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
In the event any User or a third party should consider that any of the Contents have been included in the Portal in violation of his/her intellectual property rights, notification should be sent to TERRA containing the following: (a) personal details: name, address, telephone number and e-mail address of the claimant; (b) authentic signature or equivalent, with the personal details of the titleholder of the rights that have allegedly been infringed or of the person authorised to act for and on behalf thereof; (c) precise and specific indication of the Contents protected by intellectual property rights, as well as the location thereof in the Portal; (d) express and clear declaration that the use of the indicated Contents has been carried out without the consent of the titleholder of the intellectual property rights thereover which have allegedly been violated; (e) express declaration, under the claimant's responsibility, that the information provided in the notification is accurate and that the use of the contents constitutes a violation of his/her intellectual property rights. Such notifications should be sent to:
terra@terra.com
11. TERM AND TERMINATION
The provision of the Portal service and other Services shall, in principle, have an indefinite term. However, TERRA is entitled to terminate or suspend the provision of the Portal service and/or any of the other Services at any time, without prejudice to the provisions in this respect included in the corresponding Specific Conditions. When reasonably possible, TERRA will issue prior warning as to the termination or suspension of the provision of the Portal service and other Services.
12. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by the laws of the United States of America.
TERRA and the User, expressly waiving any other forum, submit themselves to the Courts and Tribunals of Miami, FL.
Any suggestions or collaboration proposals should be sent by e-mail to terra@terra.com .
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