Last Update: August 19, 2014
1. Parties. The parties to this Agreement are you, a visitor to this web site (“You”), and the owner and operator of this web site: http://www.pilgrimvoice.com, (“pilgrimvoice.com”).All references to “we”, “us”, “this web site” or “this site” shall be construed to mean pilgrimvoice.com. If the user is not an individual, then “You” means Your company, its officers, members, agents, successors and assigns.
2. pilgrimvoice.com provides the services available at this site to You subject to the following terms and conditions.
4. Prohibited Conduct. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on pilgrimvoice.com’s infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.
5. Compliance with Laws. You shall comply with all applicable laws and regulations of the European Union and foreign authorities (including, but not limited to EU trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the EU through the services available at this site) relating to any service, product, or download associated with this site.
6. Separate License Agreement(s). You may acquire software and/or content from pilgrimvoice.com by download from this site, or otherwise directly from pilgrimvoice.com. You agree that your use of such software and/or content shall be strictly in accordance with the applicable license agreement(s).
7. Ownership. pilgrimvoice.com and its suppliers own the Content and all intellectual property rights embodied therein. The Content is protected by European and United States copyright laws and international treaty provisions.
You are not authorized (i) to resell or sublicense the Content, (ii) to distribute, transmit, or publish the Content to the public, either with or without valuable consideration,in any form, format, or method, including without limitation, by posting on the Internet, or (iii) otherwise to use the Content as part of a product or service for any commercial use or purpose, either with or without valuable consideration.
11. Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and unregistered Trademarks of pilgrimvoice.com and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. pilgrimvoice.com aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark(s) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission. pilgrimvoice.com prohibits use of any of the forgoing names or marks as a metatag or as a “hot” link to any pilgrimvoice.com site unless establishment of such a link is approved in advance by pure-spanish-horse-spain. com in writing. If You have any questions regarding any trademarks on the site, please contact pilgrimvoice.com.
12. Endorsers: We do NOT have Material Connections with endorsers. We do NOT pay fees or provide free promotional materials or benefits to endorsers.
12.1 We do NOT independently verify, nor do we seek independent verification of claims made by endorsers; however, to the best of our knowledge we believe they are giving their honest opinions.
13 Warranty Disclaimer. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” BASIS FROM http://www.pilgrimvoice.com AND ITS INFORMATION PROVIDERS. http://www.pilgrimvoice.com AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE OF THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF http://www.pilgrimvoice.com AND http://www.pilgrimvoice.com’s AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGMENT WARRANTIES. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
13.1. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” BASIS FROM pilgrimvoice.com AND ITS INFORMATION PROVIDERS, pilgrimvoice.com AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE,THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF pilgrimvoice.com AND pilgrimvoice.com’s AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ACKNOWLEDGE THAT NEITHER THIS SITE NOR THE CONTRACTMAKER INTERNET SERVICE IS ENGAGED IN PROVIDING PROFESSIONAL LEGAL SERVICES OR LEGAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT LEGAL COUNSEL TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS. NO CONTRACTUAL RELATIONSHIP IS INTENDED NOR CREATED THROUGH YOUR USE OF THIS SITE OR THE CONTENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS SITE. WITHOUT LIMITING THE FOREGOING, NONE OF pilgrimvoice.com NOR pilgrimvoice.com’s AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM pilgrimvoice.com OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. LIMITED LIABILITY. pilgrimvoice.com AND ALL OF pilgrimvoice.com’s AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO pilgrimvoice.com, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.
15. Special Disclaimers.
15.1 This site is not an official organisation, nor a registered church, nor a law firm, and neither http://www.pilgrimvoice.com, nor Andres Canovas Rodriguez, or Josephine Canovas are acting as your professional, legal, or spiritual adviser through your use of this site, its services and Content.
15.2 This site provides articles, newsletters, and content for informational purposes only. In the process of providing this information, this site is engaged in the publication of information regarding issues commonly encountered.
15.3 This site is not a substitute for the advice of an attorney or other professionals. This site does not review any of your answers to questions for sufficiency, provide legal advice, or analyze applicable law and apply it to your specific requirements. Accordingly, if you need legal or professional advice for a specific issue you are advised to seek the advice of a professional.
15.4 This site, Andres Canovas Rodriguez, and Josephine Anne Canovas, and the affiliates of this site specifically disclaim any liability, loss, or damage arising out of your use of this site, its services, and Content.
15.5 In the event of conflict or inconsistency between the terms of any translation provided by Us, the spanish version shall prevail.
16. Indemnity. You shall defend, indemnify, and hold harmless pilgrimvoice.com and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from your failure to have any documents concerning agreements facilitated through this site reviewed by Your attorney acting within an attorney-client relationship.
17. Beneficiaries of this Agreement; No Other Agreements. The rights and limitations in this agreement are for the benefit of pilgrimvoice.com and each of pilgrimvoice.com’s content providers, each of which shallhave the right to enforce its rights hereunder directly and on its own behalf.
18. Termination. You agree that pilgrimvoice.com may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including,without limitation, if pilgrimvoice.com believes that You have violated or acted inconsistently with the letter or spirit of this agreement. pilgrimvoice.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that pilgrimvoice.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site.
19. Consumer Rights. pilgrimvoice.com maintains specific contact information including an e-mail address for notifications of complaints. You may contact pilgrimvoice.com with complaints and pilgrimvoice.com will investigate those matters and respond to the inquiries.All correspondence should be addressed to pilgrimvoice.com’s agent for notice at the following address:
Notification of Consumer Rights Complaint:pilgrimvoice.com. 65 Misericordia La Fatarella 43781, Spain. Contact/Email Address: JCanovas email:iberiahorse @ me.com
20. Postings To This Site.
20.1 Postings To Blog. We will not treat information that you post to the blogs on this site as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
20.2 We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
20.3 Copyright Infringement. This site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:pilgrimvoice.com 65 Misericordia La Fatarella 43781, Spain. Contact/Email Address: JCanovas email:iberiahorse @ me.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
21.1 Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use the our logo, our trademark, or our name or trademarks, or other proprietary graphic image in the link without our prior written permission.
22. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this site (“Advertisers”). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions,warranties or representations associated with such correspondence or promotions, are solely between You and Advertiser. pilgrimvoice.com shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.
23. Monitoring. You acknowledge that pilgrimvoice.com or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site.pilgrimvoice.com, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which PSHS deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.
24. Controlling Law. This Agreement shall be construed under the laws of Spain.
25. Jurisdiction And Venue. You agree that any legal action or proceeding between http://www.pilgrimvoice.com and You for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Spain.
26. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under Spanish law then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties. The arbitration shall take place in Tarragona, Spain, and may be conducted by telephone or online. The arbitrator shall apply the laws of Spain to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
27. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
Effective August 19, 2014