Last reviewed on 15 June 2023
I. Introduction. Your agreement to these terms of service
Welcome to EL SUSURRO, a Spanish initiative (“EL SUSURRO” or “we”) social network, streaming platform and digital performance platform consisting of syndicated websites, services, software applications, embedded players and widgets (the “Service EL SUSURRO“).
The following terms of service (the “Terms of Service”) for the Service EL SUSURRO is a legal contract between you, an individual user at least 13 years of age or a single entity (“you”, “user” “User” or, collectively, “Users”), and EL SUSURRO in connection with your use of the Service EL SUSURRO.
By using and/or visiting this Service EL SUSURRO, you agree to
- the conditions of service of EL SUSURRO
- the conditions of sale of EL SUSURRO
- the privacy policy of EL SUSURRO
Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from users. If you do not agree to the Terms of Service, Privacy Policy, Broadcaster Agreement, or Terms of Sale, do not use the services of EL SUSURRO.
EL SUSURRO reserves the right, at its discretion, to change, modify, add or remove portions of the Terms of Service at any time by posting the amended terms on the Terms of Service. EL SUSURRO will attempt to notify you when material changes are made to the Terms of Service. Please check the Terms of Service periodically for changes. Your continued use of the EL SUSURRO after publication of the changes constitutes your binding acceptance of those changes.
II. Eligibility
The Service EL SUSURRO is not available to persons under the age of 13 or to any user who has been previously suspended or removed from the Service EL SUSURRO by EL SUSURRO. AT THE TIME YOU USE EL SUSURRO, YOU DECLARE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND THAT YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE EL SUSURRO.
III. Ownership of materials. Limited licence
The Service’s data and materials owned by EL SUSURRO except User Submissions (defined below), including, without limitation, text, graphics, interactive features, logos, photos, music, videos, software and all other audio and visual materials, as well as the selection, arrangement, coordination, compilation and general look and feel of the Service EL SUSURRO (collectively, the “Materials”) are the intellectual property of EL SUSURRO, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights, and all proprietary rights in the Materials remain with EL SUSURRO, its licensors or its suppliers, as the case may be. All trademarks, service marks and trade names are proprietary of EL SUSURRO or its affiliates and/or third party licensees. Unless EL SUSURRO expressly authorised you, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make use of the Materials. If, with permission, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark or other proprietary notices. EL SUSURRO reserves all rights not expressly granted in and to the Service EL SUSURRO and the Materials.
IV. Copyright and Related Rights Legislation
It is the policy of EL SUSURRO respond to notices of alleged copyright and related rights infringement. EL SUSURRO terminate without prior notice any user’s access to the Service EL SUSURRO if EL SUSURRO determines that the user is a repeat offender.
If you are a copyright owner or an authorised agent thereof (the “Copyright Owner”) and you believe that any content on the EL SUSURRO infringes your copyright, you can send a notification to the e-mail address mail@elsusurro.com. This notification of the alleged infringement must be a written communication provided to the designated agent of EL SUSURRO including the following information:
a) A physical or electronic signature of a person authorised to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
b) Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works in a single notification, a representative list of such works.
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EL SUSURRO locate the material.
The copyright agent designated by EL SUSURRO to receive notifications of the infringements complained of is Mr. Esteban Monge Flores,
their contact information is as follows: estebanmong@gmail.com
V. Granting of the EL SUSURRO service licence
EL SUSURRO allows:
a) To certain users referred to herein as “Broadcasters” to distribute and display live videos (“Live performings in EL SUSURRO“) and distribute, publish and display textual and photographic comments (“Issuer Comments”) and personally identifiable information commonly referred to as “name and likeness” (“Issuer Name and Likeness”) and
b) Certain users referred to herein as “Spectators” to view performances of EL SUSURRO and create textual and photographic comments (“Spectator Comments”). For the avoidance of doubt, Broadcasters and Spectators do not refer to different types of users, but rather the terms refer to the activity undertaken by the users. The performances of EL SUSURRO, the broadcaster’s comments, the broadcaster’s name and likeness, the viewer’s comments together with all other text, files, images, photos, videos, sounds, musical works, works of authorship, requests or any other material submitted, displayed, posted, published, sent or transmitted through or on the services of EL SUSURRO by broadcasters and viewers are collectively referred to as ‘user submissions’.
By registering for a user account, subject to compliance with the terms and conditions set forth in the Terms of Service, EL SUSURRO hereby grants you a personal, limited, non-exclusive, non-transferable, non-transferable and freely revocable licence to use the Service. EL SUSURRO for the distribution of User Submissions.
User Submissions are transmitted, stored and distributed at your own risk. Notwithstanding any obligation to EL SUSURRO to protect User Submissions,EL SUSURRO cannot guarantee that there will be no unauthorised copying or distribution of the User Submissions, nor shall it be liable for any unauthorised copying or use of the User Presentations by EL SUSURRO.
VI. Licensing of broadcaster and viewer content; representations and warranties
You shall be solely responsible for your own User Submissions and the consequences of posting them. In connection with User Submissions, you affirm, represent and/or warrant that: (A) you are the creator and owner of and/or have the necessary licenses, rights, consents, releases and permissions (except for the public performance rights to those musical compositions that are licensed by Broadcast Music, Inc., the Society of American Composers, Authors and Publishers or SESAC, Inc. EL SUSURRO and all Users to use your User Submissions as necessary to exercise the licences granted by you in this section and in the manner contemplated by EL SUSURRO, the Terms of Service and the Disclosure Agreement; (B) your User Submissions do not and will not:
(1) infringe, violate or misappropriate any right of any third party, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right o
(2) defaming, slandering, libelling or defaming any other person;
(3) contain no viruses, adware, spyware, worms or any other malicious code. For the avoidance of doubt, EL SUSURRO pay all royalties associated with the public performance of those musical compositions licensed by the PROs.
You will retain all ownership rights to your User Submissions. However, by distributing or disseminating the User Submissions through the User Submissions Services, you hereby EL SUSURRO and its successor a perpetual, non-exclusive, freely transferable, assignable, fully paid-up, royalty-free, worldwide license to host, transfer, display, perform and reproduce, create derivative works, distribute, compress or convert for streaming, and otherwise exploit your User Submissions, in any media formats and through any media channels, for the purpose of publishing and promoting such User Submissions in connection with the services offered or to be offered by EL SUSURRO. Such licence shall apply to any form, medium or technology now known or hereafter developed. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works of or otherwise exploit your User Submissions in proximity to or in connection with any third party content.
EL SUSURRO can rely on advertisers to help fund the Service EL SUSURRO. You agree that EL SUSURRO may display advertisements and promotions of all kinds on and with the Service EL SUSURRO. You are knowed that EL SUSURRO may have agreements with websites that include revenue sharing from advertising or other monetisation. You understand that you are not entitled to any benefits received by EL SUSURRO in connection with such advertisements or promotions. You further understand that you may not sell, upload or display advertisements, promotions or solicitations of business on and with the Service EL SUSURRO.
EL SUSURRO shall always have the right to use and display its name and likeness to advertise, publicise and exploit EL SUSURRO and the service EL SUSURRO.
When distributing or disseminating User Submissions through the Service EL SUSURRO, you hereby grant to each user of the Service EL SUSURRO who is authorised to access your User Submissions a perpetual licence, personal, non-commercial, non-transferable and non-exclusive right to access and view your User Submissions.
VII. Your use of User Submissions through EL SUSURRO Services
You understand that by using the EL SUSURRO, will be exposed to User Presentations from a variety of sources, and that EL SUSURRO is not responsible for the accuracy, usefulness, safety or intellectual property rights (unless explicitly stated otherwise) of or relating to such User Submissions or other content. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EL SUSURRO in this regard. EL SUSURRO does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and EL SUSURRO expressly disclaims any and all liability in connection with User Submissions. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES THAT YOU HAVE OR MAY HAVE AGAINST EL SUSURRO IN RESPECT OF THE FOREGOING AND AGREES TO INDEMNIFY AND HOLD HARMLESS TO EL SUSURRO, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS AND/OR LICENSORS TO THE FULLEST EXTENT PERMITTED BY LAW WITH RESPECT TO ALL MATTERS RELATING TO USER SUBMISSIONS AND YOUR USE OF THE SERVICEEL SUSURRO.
User submissions are made available to you for your information and personal use only as intended through the normal functionality of the services from EL SUSURRO. User submissions are made available “as is” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any way other than provided for by the normal functionality of the Services from EL SUSURRO or that is not prohibited by the Terms of Service. You may access User Submissions for your information and personal use only as intended through the provided functionality of the ServicesEL SUSURRO.
You agree not to circumvent, disable or otherwise interfere with security-related features of the ServicesEL SUSURRO or features that prevent or restrict use or copying of any User Submission or enforce limitations on use of the Services EL SUSURRO or User Submissions therein.
You understand that all purchases of “Tickets” and/or any other virtual or tangible items (e.g., gifts, merchandise) sold through the EL SUSURRO Services are final and non-refundable, except at our sole and absolute discretion and are a limited license to view EL SUSURRO Performances and purchase other virtual or tangible items and are not a cash or cash equivalent account. Once you purchase Notes, you cannot get your money back. Additionally, at EL SUSURRO’s sole discretion, accounts that are unused or used only once over a period of more than six (6) months may be cancelled. Please note that the terms of sale are incorporated herein by reference. (this would be in anticipation of the sale of merchandising or other products on the platform, for now it will only be tickets)
VIII. Prohibited Conduct
BY USING THE EL SUSURRO SERVICE, YOU AGREE NOT TO:
Use the EL SUSURRO Service for any purpose other than to distribute or receive original or appropriately licensed content and/or access the EL SUSURRO Service as such services are offered by EL SUSURRO.
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials.
Post, upload or distribute any defamatory, libelous or inaccurate User Submissions or other content.
Assume a misleading or false identity in connection with your User Submissions.
Post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person would consider to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, hateful, racially or ethnically offensive, or otherwise inappropriate.
Post, upload, or distribute any programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer or telecommunications software or hardware.
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the EL SUSURRO Service accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted through the EL SUSURRO Service, or engage in any other similar fraudulent activity.
Making unsolicited offers, advertisements, proposals, or sending junk mail or spam to other users of the Service.
This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation materials, mass mailings of commercial advertising, chain letters, informational announcements, charitable solicitations, and petitions for signatures.
Using the EL SUSURRO Service for any unlawful purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.Defame, harass, abuse, threaten or defraud Users of the EL SUSURRO Service, or collect, or attempt to collect, personal information about Users or third parties without their consent.
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the EL SUSURRO Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the EL SUSURRO Service, or features that enforce limitations on use of the EL SUSURRO Service or User Submissions.
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the EL SUSURRO Service or any portion thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Modify, adapt, translate or create derivative works based on the EL SUSURRO Service or any portion thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Intentionally interfere with or damage the operation of the EL SUSURRO Service or any user’s enjoyment thereof, by any means, including by uploading or disseminating viruses, adware, spyware, worms or other malicious code.
Relaying e-mail from a third party’s mail servers without such third party’s permission.
Use any robot, spider, scraper or other automated means to access the EL SUSURRO Service for any purpose or bypass any measures EL SUSURRO may use to prevent or restrict access to the EL SUSURRO Service.
Manipulate identifiers in order to disguise the origin of any User Submission transmitted through the Service; or interfere with or disrupt the EL SUSURRO Service or servers or networks connected to the EL SUSURRO Service, or disobey any requirements, procedures, policies or regulations of networks connected to the EL SUSURRO Service.
Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a manner that affects other people’s ability to engage in real time activities through the EL SUSURRO Services.
IX. Account
When using the EL SUSURRO Service to upload and/or download or purchase content or any EL SUSURRO products, services or information, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your equipment, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to EL SUSURRO upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify EL SUSURRO. You may be liable for losses incurred by EL SUSURRO or others due to any unauthorized use of your EL SUSURRO Service account.
X. Third-Party Sites, Products, and Services; Links
The EL SUSURRO Service may include links or references to other websites or services for Users (“Third-Party Sites”). EL SUSURRO does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the EL SUSURRO Service are solely between you and such advertiser. Access to and use of Third Party Sites, including information, materials, products and services on or available through Third Party Sites is solely at your own risk.
XI. Termination; Violations of Terms of Service
You agree that EL SUSURRO, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with EL SUSURRO or your use of the EL SUSURRO Service and delete and discard all or any part of your account, user profile and any User Submissions, at any time. EL SUSURRO may also, in its sole discretion and at any time, discontinue providing access to the EL SUSURRO Service, or any portion thereof, with or without notice. You agree that any termination of your access to the EL SUSURRO Service or any account you may have or any portion thereof may be effected without notice, and you agree that EL SUSURRO shall not be liable to you or any third party for any such termination. Any activity suspected of being fraudulent, abusive, or unlawful may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that EL SUSURRO may have at law or in equity.
Your sole remedy with respect to any dissatisfaction with the EL SUSURRO Service, any term of the Terms of Service, any EL SUSURRO policy or practice in operating the EL SUSURRO Service, or any content or information transmitted through the EL SUSURRO Service, is to terminate the Terms of Service and your account. You may terminate the Terms of Service at any time by ceasing use of any and all parts of the EL SUSURRO Service.
XII. Indemnification
You agree to indemnify, save and hold EL SUSURRO, its affiliated companies, contractors, employees, agents, and its third party suppliers, licensors and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising from your use or misuse of the EL SUSURRO Service, any violation by you of the Terms of Service, or any breach of the representations, warranties and covenants made by you herein. EL SUSURRO reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify EL SUSURRO, and you agree to cooperate with EL SUSURRO‘s defense of such claims. EL SUSURRO will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XIII. Disclaimers. No Warranties
There are no warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EL SUSURRO AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EL SUSURRO OR THROUGH THE EL SUSURRO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT, AS USED IN THIS SECTION XIV, THE TERM EL SUSURRO INCLUDES EL SUSURRO OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
“As is” and “As available” and “With all faults”.
YOU EXPRESSLY AGREE THAT USE OF THE EL SUSURRO SERVICE IS AT YOUR SOLE RISK. THE EL SUSURRO SERVICE AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, CONTENT (INCLUDING USER SUBMISSIONS), REFERENCE SITES, SERVICES OR APPLICATIONS AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EL SUSURRO SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Operation of the Service and User Submissions.
EL SUSURRO, ITS SUPPLIERS, LICENSORS, AFFILIATES AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE EL SUSURRO SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy.
EL SUSURRO, ITS SUPPLIERS, LICENSORS, AFFILIATES AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE EL SUSURRO SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
Damage to your computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE EL SUSURRO SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Uploaded Content.
THE SECURITY MEASURES TO PROTECT USER SUBMISSIONS USED BY EL SUSURRO HEREIN DO NOT GUARANTEE THAT SUCH SECURITY MEASURES WILL RESIST ATTEMPTS TO CIRCUMVENT THE SECURITY MECHANISMS OR THAT CRACKS, DISABILITIES OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES WILL NOT OCCUR.
Internet Disruption and Website Pollution.
EL SUSURRO IS NOT LIABLE TO THE USER FOR ANY INTERRUPTION OF ACCESS TO THE EL SUSURRO WEBSITE FOR ANY REASON, OR FOR CONTAMINATION, VIRUS OR INFECTION CAUSING DAMAGE TO USER CONTENT UPLOADED TO THE EL SUSURRO WEBSITE. EL SUSURRO IS NOT RESPONSIBLE FOR ANY LOSS OF REVENUE OR GOODWILL TO THE USER DUE TO ANY INTERRUPTION OR CONTAMINATION OR FOR ANY OTHER REASON, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO THE USER’S REPUTATION THAT MAY RESULT.
XIV. Limitation of Liability and Damages
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EL SUSURRO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS OR THIRD PARTY ASSOCIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY UNSUCCESSFUL LAWSUIT OR LEGAL DISPUTE, LOSS OF BUSINESS, LOSS OF REVENUE OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY KIND WHATSOEVER). NATURE) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE MATERIALS (INCLUDING USER SUBMISSIONS) ON THE EL SUSURRO SERVICES OR ANY REFERENCE SITES, OR ANY OTHER INTERACTION WITH EL SUSURRO, EVEN IF EL SUSURRO OR AN AUTHORIZED REPRESENTATIVE OF EL SUSURRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages.
IN NO EVENT WILL EL SUSURRO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS OR THIRD PARTY ASSOCIATES, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE EL SUSURRO SERVICES OR YOUR INTERACTION WITH OTHER USERS OF THE EL SUSURRO SERVICES (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE EL SUSURRO SERVICES DURING THE TERMS OF USE. THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Third Party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY OF THE THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN EL SUSURRO AND RECEIVED THROUGH OR ADVERTISED ON THE EL SUSURRO SERVICES OR RECEIVED THROUGH ANY OF THE REFERENCE SITES.
Basis of the bargain.
YOU ACKNOWLEDGE AND AGREE THAT EL SUSURRO HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EL SUSURRO, AND THAT THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EL SUSURRO. EL SUSURRO WOULD NOT BE ABLE TO PROVIDE THE EL SUSURRO SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE TERMS OF SERVICE APPLY TO YOU TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED BY THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
XV. Miscellaneous
Notice
EL SUSURRO may provide you with notices by email, regular mail, or by postings on the EL SUSURRO Service. Notice will be deemed given twenty-four hours after the email is sent, unless EL SUSURRO is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if you provide it through the EL SUSURRO Service. In such case, notice will be deemed given three days after the date of sending. Notice posted on the EL SUSURRO Service is deemed given 24 hours after initial sending. Notwithstanding the foregoing, your continued use of the EL SUSURRO Service after the posting of any changes to the Terms of Service constitutes your binding acceptance of such changes.
Prevention of Unauthorized Use.
EL SUSURRO reserves the right to exercise any legal means it deems necessary to prevent unauthorized use of the EL SUSURRO Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Waiver.
EL SUSURRO‘s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by EL SUSURRO.
Applicable Law.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms of Service or EL SUSURRO shall be filed only in Spain and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action.
Severability.
If any provision of the Terms of Service is held to be unlawful, void, or for any reason unenforceable, that provision shall be limited or eliminated from the Terms of Service to the minimum extent necessary and shall not affect the validity and enforceability of any remaining provisions.
Assignment.
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EL SUSURRO without restriction. Any attempted assignment in violation of the Terms of Service shall be void.
Survival.
Upon termination of the Terms of Service, any provision, which by its nature or express terms should survive, shall survive such termination or expiration.
Headings.
References to headings contained herein are for convenience only, do not constitute a part of the Terms of Service, and shall not be deemed to limit or affect any provision hereof.
Claims.
YOU AND EL SUSURRO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EL SUSURRO PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosure.
The services are offered by EL SUSURRO, Plaza Julio Gonzalez 8 bajos, 08005 Barcelona, Spain You can send your enquiry by email to the address mail@elsusurro.com