Terms and conditions of use
1. Service description.
The www.maelocway.com website is a web publication and optional hosting service (the “Service”). You are responsible for all activities that take place under your username, as well as for keeping your password. You also accept that the service is provided AS IS and SUBJECT TO AVAILABILITY. CD declines all liability for the availability, appropriateness, security or reliability of the Service or any other client software. The company also reserves the right to modify, suspend or terminate the Service with or without prior notice at any time and without any liability towards you.
The Service may only be used by persons at least eighteen (18) years old. CD reserves the right to refuse to provide the service to any person at any time without prior notice, for any reason.
2. Appropriate use.
You accept that you are responsible for the use you make of the Service, the content you publish and the consequences arising from such content. In addition, you accept that you will use the Service in accordance with the local, central-government, national and international laws, rules and regulations that may be applicable, including laws concerning the transfer of technical information exported from your country of residence and all laws to control national and international exports.
You accept the Content Policy for CD’s website and the rules and restrictions established on it. Although we will attempt to notify you if important changes are made to the Content Policy for CD’s website, we recommend that you review the updated version from time to time. At its own discretion, CD may modify or revise the Content Policy for its websites at any time and you accept that you will be bound by such modifications or revisions at any time.
In any case, CD reserves the right, but is under no obligation, to investigate your use of the service in order to (a) determine whether the Agreement has been infringed or (b) whether the applicable laws, regulations, legal processes or government requests are being complied with.
By definition, CD’s websites may publish imprecise or inadequate information for various reasons or, in some cases, entries that are poorly-labelled or misleading for any reason. We expect you to take precautions and use common sense when you use the content published on CD’s websites.
CD does not promote, support, represent or warrant the truthfulness, accuracy or reliability of any communication published through the Service, nor does it defend any opinion expressed through it. You accept that any trust placed in the materials published through the Service will be your responsibility.
Users may deregister at any time by sending written notice to CUSTOM DRINKS S.L. Departamento de Marketing C/Pérez Galdós, 4 2D 28004 Madrid (Spain).
CUSTOM DRINKS S.L.U. reserves the right to make modifications to the contents of these general conditions, at any time. They will apply from the moment members may access them on www.maelocway.com.
Any possible interest the user may have in carrying out communication may be conducted through the ‘Contact Us’ section on the www.maelocway.com website.
4. General practice concerning data storage and use.
ou accept that CD accepts no liability for deleting and not storing or transferring the contents and other communications maintained through the Service. CD reserves the right to set limits on use and storage at its own discretion at any time and without prior notice.
5. Contents of the Service.
CD accepts no liability for the third-party content (such as but not limited to any kind of virus or other harmful elements) and is under no obligation to control it. CD reserves the right, at any time, to delete or reject the distribution of any content in the Service, as well as content that infringes the conditions of this Agreement. CD also reserves the right to access, read, preserve and disclose any kind of information it reasonable believes to be necessary to (a) comply with applicable laws, regulations, legal processes or governmental requests, (b) apply or enforce this Agreement, including investigation of possible infringements, (c) detect, prevent or in any manner tackle cases or situations concerning fraud, security or technical matters, (d) respond to user requests for assistance or (e) protect the rights, property or security of CD, its users and the public. CD will not be liable for exercising or not exercising its rights under this Agreement.
6. Intellectual property rights.
CD’s intellectual property rights. You acknowledge that CD holds all rights over, title to and interests in the Service, including all intellectual property rights. They are safeguarded by US and international laws protecting intellectual property. As a consequence, you agree not to copy, reproduce, alter, modify or create derivative works of the Service. Moreover, you also agree not to use robots, crawlers, other automated devices or manual processes to monitor or copy any Service content. As described immediately below, EG’s rights do not include third-party content used as part of the Service, including the contents of communications that appear in the Service.
Your intellectual property rights. CD waives ownership or control over any Content that you send, publish or display on the services of Custom Drinks’ websites or through them. You or the third-party provider of licences reserve all patents, trade marks and copyright over any Content you publish, send or display on CD’s services or through them and are responsible for protecting the rights as the case may be. By sending, publishing or displaying Content on or through the services that CD is making available to members of the public, you grant CD an international, non-exclusive licence, free of charge, to reproduce, publish and distribute said Content on CD’s services solely in order to display and distribute said services. Similarly, EG reserves the right to reject the admittance, publication, display or transfer of any Content at its discretion.
You represent and assure that you hold all of the rights, powers and authority required to grant the rights granted hereby over any Content sent.
You may choose to send, publish and display any kind of material on or through the service subject to a public licence (e.g. a Creative Commons licence), either by labelling your materials as such or by using the service tools. In order to prevent doubts from arising, CD is not a party to any such licences between you and a third party. Furthermore, in order to avoid any kind of doubt, CD may exercise the rights granted by virtue of (a) the public licence or licences, if any, that apply to your materials or (b) this Agreement.
7. Resale of the service is prohibited.
Unless CD expressly so authorises in writing, you may not reproduce, duplicate, copy, sell, market, resell or exploit for commercial purposes (a) any part of the Service, (b) use of the Service or (c) access thereto.
Any use of trade names, trade marks, service marks, logos, domain names of Maeloc Way websites or other domain names owed by CD and other distinctive brand elements must be in accordance with this Agreement and the rules for use of the Brand Elements in force at any time and with any content or reference contained therein.
9. Representations and warranties.
You represent and warrant that (a) all information you provide to CD to take part in the Service is correct and up to date and (b) you have all of the rights, authority and powers necessary to enter into this Agreement and carry out the actions required of you by virtue thereof.
10. Cancelationn and suspension.
CD may terminate the Service, cancel this Agreement or suspend or cancel your account at its own discretion, at any time and for any reason. In case of cancellation, your account will be cancelled and you will not have access to it or to the files or contents in your account, although copies of the information may remain in our system for some time due to the back-up copy system.
You agree to hold CD and its subsidiaries, associated companies, representatives, attorneys-in-fact and employees harmless and compensate them in relation to claims by third parties related to the use you make of the Service, including liability or expense caused by claims, losses, damages (real or resulting), litigation, court decisions, court costs and legal fees of any kind and nature. In that case CD will deliver written notification of that claim, litigation or action to you.
12. Entire Agreement.
This Agreement constitutes the entire agreement between you and CD. It governs the use you make of the Service and replaces any prior agreement between you and CD. Similarly, you will be subject to the additional terms and conditions that are applicable when you use or acquire other services of CD’s, its affiliates’ services, third-party content or third-party software.
13. Waiver and severability.
The fact that CD does not put into practice or does not guarantee compliance with any right or provision in these Terms and Conditions of Service will not constitute a waiver of such a right or provision. If a court that has jurisdiction considers that any clause in the Terms and Conditions of Service is not valid, the parties agree that that court must seek to interpret the parties’ intentions as reflected in that provision. The other provisions will remain in full force and effect.
14. Statute of limitations.
The User accepts that, regardless of any lapsing of action or law that stipulates the contrary, any claim or cause of action derived from the use of CD’s services or the Terms and Conditions of Service or related to said use must be carried out within a term of one (1) year from the filing of said claim or cause of action; otherwise it will be excluded.
15. Choice of legal system; Jurisdiction; Venue.; Forum.
These Terms and Conditions of Service have been drawn up in accordance with and shall be governed by the laws of Spain and the governing provisions will not apply thereto.