JavierAzurmendi.com adhesion contract

General Provisions
1. This Agreement governs your membership in the JavierAzurmendi.com community, yout special access to the website JavierAzurmendi.com and yout right to upload and download (subject to obtaining the necessary credits) photographs, illustrations and other material on the Site.

2. JavierAzurmendi.com reserves the right to change or modify all or part of this Agreement at any time, effective immediately upon posting on the site. Continued use of your membership confirms your acceptance of the terms and conditions of this Agreement, including any changes or modifications made by JavierAzurmendi.com. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cancel your membership to the site.

Use of Content
3. The site contains information, data files and other materials ("Content") that is protected by copyright, trademark or other proprietary rights by JavierAzurmendi.com or third parties (including other members).

4. You can only download data files in accordance with the terms of the License Agreement. You may not publish, display, distribute, transmit, transfer, sell, copy, modify, create derivative works from or take profit from any Content, except as expressly permitted in this Agreement and the Content License Agreement. You can publish files on the site you own, subject to the upload terms.

Restrictions on movement
5. You should not include anything on the site that is:
(i) libelous, defamatory, abusive, threatening, pornographic, obscene or otherwise objectionable;
(ii) contains viruses, Trojan horses, worms, malicious scripts or other contaminating or destructive elements;
(iii) violation of the rights of third parties, including any copyright, trademark, patent, trade secret or privacy rights, or
(iv) violates any applicable law.

Data File Management
6. JavierAzurmendi.com can not review all data files loaded by photographers on the site and is not responsible for the content of these data files. JavierAzurmendi.com reserves the right to delete, move or edit any data file that is deemed to violate this Agreement or who otherwise is unacceptable, and this is a final decision. You remain solely responsible for all data files loaded on your username. JavierAzurmendi.com may, at its discretion, correct errors or omissions in the data files.

No Representation
7. JavierAzurmendi.com does not guarantee the reliability of any data files you can download and any reliance by you from such data file is at your own risk.

Compensation
8. You agree to indemnify, defend and hold JavierAzurmendi.com, and its officers, directors, owners, agents, and licensors (collectively, the "community JavierAzurmendi.com") from and against anybody and all claims, liabilities, losses, costs and expenses (including legal fees) incurred by any party resulting from:
(i) any use or alleged use of the website javierazurmendi.com under your user name by any person, whether or not authorized by you;
(ii) any data file uploaded under your member name or
(iii) any violation of the guarantees contained in this Agreement. JavierAzurmendi.com reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if so, you agree to cooperate in defending JavierAzurmendi.com against such claim.

Cancellation of Service
9. JavierAzurmendi.com reserves the right to restrict, suspend or terminate your membership at any time for any reason, without notice or liability. JavierAzurmendi.com may change or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without notice or liability.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10. NEITHER THE JavierAzurmendi.com PROVIDER NOR THE DATA FILES OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SERVICE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NEITHER JavierAzurmendi.com, ANY THIRD PARTY DATA FILE PROVIDERS OR THEIR RESPECTIVE AGENTS GIVE ANY WARRANTY ON THE RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE OR THE DATA FILES. THE SITE AND data files are distributed on an "AS IS, WHERE IS, AS AVAILABLE" BASIS. NEITHER JavierAzurmendi.com OR THIRD PARTY DATA FILE PROVIDERS OR ITS AGENTS GIVE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE, WITH REGARDING THE SITE OR ANY DATA FILE DOWNLOAD THROUGH THE SITE. NEITHER JavierAzurmendi.com OR ANY THIRD PARTY OR ANY PROVIDER WARRANT THAT ANY DATA FILES IS AVAILABLE FOR DOWNLOADING THROUGH THE SITE OR THAT WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE ENTIRE RISK ON THE QUALITY AND PERFORMANCE OF THE SITE AND DATA FILES DOWNLOADED BY YOU IS YOURS. NEITHER JavierAzurmendi.com OR ANY THIRD PARTY PROVIDER OF DATA FILES OR ITS AGENTS ARE LIABLE FOR ANY ACT, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Other considerations
11. You expressly acknowledge and agree that, in addition to the terms of this Agreement, you have reviewed the terms of the Content License Contract, the Upload Contract and any other contract that may be incorporated by reference therein. In addition, you acknowledge that you agree to be bound by the terms of such agreements.

12. This Agreement is governed by the laws of Spain and the applicable of the European Union, subject to the courts of Madrid. Each of the parties submit to the jurisdiction of the courts in Spain. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect.

LICENSE AGREEMENT CONTENT

This contract is between you and JavierAzurmendi.com (also sometimes hereinafter "we" and "our"). When downloading content (as defined below) from this site, you agree to be bound by the terms of this contract with respect to such Content. Do not download content if you do not accept these terms.

This is a license, not a sale. You are permitted to use content. We or our principals remain the intellectual property rights in the Content. Third parties wishing to make use of any Content must download it from the website JavierAzurmendi.com.

1. This Agreement governs your use of JavierAzurmendi.com in content (ie, photographic images, illustrations, or other material that is downloaded from the website JavierAzurmendi.com in connection with the signing of this Agreement ("Content")) .

2. It hereby grants you a non-exclusive, transferable license to use the content in the terms and conditions contained in this Agreement. It only must be used in the activities expressly authorized in regard to content. All other rights in the content and accompanying materials, including all intellectual property rights relating thereto, are maintained by JavierAzurmendi.com or its members, as applicable.

PERMITTED USES:

3. You can:

(a) use the content in one place;

(b) physically transfer any content and files from one place to another, always using it only in one place at a time;

(c) carry a single copy of Content solely for backup purposes, you must reproduce all proprietary notices on this single backup;

(d) use any Content in the following applications:
(i) editorial use in magazine and book publishing, in general not advertising or promotional and printed material;
(ii) on-line or electronic publications, including web pages to a maximum of 640 x 480 pixels @ 72 dpi;
(iii) copies and reproductions for personal use;

(e) create a Derivative Work (namely an original work in the sense of Intellectual Property Law (Spain), which includes, but is not substantially similar to the content) by adding the contents to your own work;

(f) use a Derivative Work the same way that permitted in section 3 (d) above, and at the points of resale, and

(g) transfer files containing Content or derivative works with your clients, printers, or Internet service provider for the purposes of reproduction, provided that these parties are no longer entitled to use the Content.

Prohibited Uses:

4. You may not provide a copy of content or any portion thereof, to anyone or allow anyone to access the Content, or any portion thereof, except as permitted above. You can not do anything with the Content not expressly permitted. You may not:

(a) provide any Content for multiple uses, if they are not complementary in a timely manner, but not format, for example, a magazine printed on paper and online edition, they are authorized by the license.

(b) display any content on websites designed to induce sales of "print on demand" products, including cards, mugs, shirts, posters and other items;

(c) the use of any content in posters or other items for a variety of sales;

(d) the use of content or any part thereof as part of a trademark, design mark, trade name, service mark, or logo;

(e) incorporate Content in any product which results in a redistribution of the Content;

(f) the use of content in a form that can be considered pornographic, obscene, defamatory, libelous or unnatural;

(g) use any image in the Content that represents a back to a company, product or service;

(h) use any image in the Content that shows a person in a potentially sensitive topic;

(i) if the source code is contained in the Content or accompanying materials, reverse engineer, decompile or disassemble any portion of the source code;

(j) remove any copyright notice, trademark or other proprietary right of any place that appears in the content or its accompanying materials;

(k), sub-license, sell, rent, lease or distribute any Content;

(l) a copy of any content on a network server or web server for use by other users, or

(m) transfer of the rights of any Content or accompanying materials except as specifically provided in this Agreement.

(n)  YOU CAN NOT MAKE ANY ADVERTISING BASED ON THE DOWNLOADED IMAGES. ONLY EDITORIAL USE PERMITTED.

ADDITIONAL:

5. You agree that in the event that you or a related party (as defined in the Law on Income Tax (Spain)), either individually or in combination reproduce the Content, or any part thereof, in excess of 100,000 times have to pay an additional fee, whose rate is equal to € 0.01 for each reproduction which is in more than 100,000 copies. This fee does not apply to newspapers or websites.

6. You agree to notify JavierAzurmendi.com in case you (or a combination of you and Related Parties) reproduce any content, or part of it, more than 100,000 times. Such notice shall be sent to JavierAzurmendi.com each month that the Content, or any part thereof, which has played during the term of this Agreement in more than 100,000 times. Each of these notices must contain the number of reproductions made in a particular month.

7. JavierAzurmendi.com bills for the charges associated with the use and with the excess you agree to pay the invoice within 30 days of receipt.

TERM:

8. This Agreement is effective until terminated. You may terminate this Agreement by destroying the contents, and any derivative works, and copies of it or accompanying materials, and stop using the content, and any related Derivative Works. This Agreement is terminated by the breach of the terms set forth in this document. You agree, upon termination of this Agreement, to destroy all copies of any Content, and any derivative works, to stop using the Content, and any derivative works, and confirm in writing to JavierAzurmendi.com that you had met these conditions.

9. Termination of this Agreement shall not relieve you of your responsibilities to pay amounts owed to JavierAzurmendi.com or obligation not to use the Content or any derivative work, other than as permitted under this Agreement.

Representations and Warranties:

10. The website JavierAzurmendi.com acts as an exchange of content between those who provide content to the site (our community) and those who wish to use such Content. Consequently, JavierAzurmendi.com makes no representation or warranty that any Content provided is royalty free.

11. Statements concerning the rights and ownership of the content are provided for reference and issues related to the possibility of use for any purpose must be addressed to the author of the content of our website.


12. CONTENT AND ACCOMPANYING MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR LIABILITY FOR A PARTICULAR PURPOSE. JavierAzurmendi.com DO NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS YOURS. IF THE CONTENT IS DEFECTIVE, YOU (AND NOT JavierAzurmendi.com) ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTIONS.

LIMITATION OF REMEDIES AND LIABILITY:

13. JavierAzurmendi.com do not assume all liability and its exclusive remedy, with respect to any claim arising out of your use of Content or materials, or your actions in downloading content are as follows:

(a) You may, upon request to JavierAzurmendi.com, download the content again, in a place that JavierAzurmendi.com offers for you;

(b) If you still can not download the content, JavierAzurmendi.com will refund the fee actually paid by you in connection with the use of the Content, provided that JavierAzurmendi.com determines that you can not successfully download the Content.

14. IN NO EVENT JavierAzurmendi.com OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS ARE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION or otherwise arising out of or OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION CONTENT, or part thereof, or any of the rights granted to you EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF THE RIGHTS INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

15. THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREIN, OR THE USE OR OPERATION OF ANY OF THE CONTENT IN ANY MANNER THAT IS LIMITED TO THE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT WITH JavierAzurmendi.com REGARDING THE USE OF THE CONTENT.

INDEMNITY:

16. You agree to indemnify against all claims of liability against JavierAzurmendi.com arising out of or in connection with any violation by you or any person acting on behalf of any of the terms of this Agreement.

GENERAL:

17. If any provision or portion of this Agreement is unenforceable to the parties or, in the event that the parties can not agree, a court of competent jurisdiction shall implement the same enforceable provision or provisions, or part thereof that as far as possible reflect the terms of the unenforceable provision or part thereof.

18. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or your use of Content, pursuant to this Agreement.

JURISDICTION AND ARBITRATION:

19. This Agreement is governed by the laws applicable in Spain (without reference to conflicts of laws principles). This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application is expressly excluded. You give your consent that before any notice to you by registered mail or courier with proof of delivery notice, you will address or contact with the information provided by you at the time the content has been downloaded, or any other address you may be advised in writing to use.

20. Any dispute arising out of or in connection with this Agreement, including, without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in the courts of Spain, in accordance with applicable law in effect at the time of arbitration is required.

21. If JavierAzurmendi.com is obliged to go to court rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse JavierAzurmendi.com their fees, expenses and disbursements to JavierAzurmendi.com if successful.

22. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND JavierAzurmendi.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND JavierAzurmendi.com RELATING TO THE SUBJECT OF THIS AGREEMENT.

We take privacy seriously and have developed this policy as an outline of our guidelines and procedures.

Registration:
When you register, all information in our "Public information" section is kept strictly private and confidential. This includes, but is not limited to:
your full name, postal address, phone number and email address. We will never share/rent/sell your personal information with third parties.

Your password is kept securely and its vision is restricted (including administrators of JavierAzurmendi.com).
Your password is strictly confidential and will never be shared with others.

Purchase:
When shopping online, we will keep all purchasing information strictly confidential. These include, but are not limited to:
your full name, postal address, phone number and email address.

Collection of Information:
JavierAzurmendi.com reserves the right to collect and record information on site access and activity. This may include access times, IP addresses, host names, length of visit and page requests.

Exceptions:
Under extreme circumstances, it may be required to share all the information above. Such circumstances include:
A serious emergency, if required by the government or law enforcement, or prosecution of credit card fraud.

Safety:
We take all safety precautions to safeguard your personal information. This includes (but is not limited to) the use of firewalls, data encryption, passwords, anti-piracy software, and regular software updates. For more information on our security policy, send us an email to arquitecturaenimagen@gmail.com

Children:
Children under 18 can only access this site with proper parental consent.

We reserve the right to modify this policy at any time.

Safety is a priority for us. We have developed this policy that describes our policies and procedures.

Note:
To help protect our members, we can not publicly specify certain security procedures. The following guide should serve as a general outline.

General Practices:
Our server runs on the latest Linux operating system. Periodical software updates are undertaken, such as the available security updates. Each server is behind a firewall and is monitored by a team of hosting professionals. He carefully recorded attempts to access and monitor any suspicious activity. In addition, several software programs to help protect against unauthorized access are used. Finally, the servers are kept in a secure facility with 24/7 security by security guards.

Image File Protection:
All images (for sale) are stored in a secure location within our server. This makes impossible any direct link from our retail image file size. Access to this folder is limited only to the control server, which provides the highest level of security for our images. The images are not available even when purchased, and are limited to authorized members only. Please make sure you checked all the folders on your email account and all filters to allow email messages sent through our site.

Protection of personal data:
Your personal information is kept securely in our database. Database access is password protected behind a firewall with restricted access. Access is restricted by a series of validation tests and passwords. Only system administrators have access to top-level database.

We reserve the right to modify this policy at any time.

Note that all returns are subject to approval by a site administrator. We reserve the right to change or modify this policy at any time.

Return types

Individual downloads
An individual download may be eligible for a refund, if it meets any of the following criteria:

* Duplication:
If an identical image and the same size is accidentally downloaded multiple times.

* Download failure:
In case of a technical problem which prevents the download of the image. This may include a corrupted file, unexpected removal of the image or technical difficulties of the site. Note that you should contact support before you can request a refund.

* Poor quality:
This may include compression artifacts, ISO noise, infringement of copyright, hot pixels, or any other quality defects (Must be confirmed by a site administrator, images of the special zone are not exposed to this term being considered its content more important than technical quality. Still, the technical quality of the special zone will always be the best for illustrate its contents).

Credits

Credit packages can be refunded under certain circumstances. To be eligible for a refund, you should not have used any of the credits purchased, and support must be notified in writing within 24 hours immediately after purchase. Please note that credits are not refundable.

Subscriptions
Subscriptions may be reimbursed under certain circumstances. To be eligible for a refund, you should not have used your subscription (ie, downloading the photos), and shall give written notice within 24 hours immediately after purchase. Note that members are responsible for canceling their subscription whenever they want. In the case of reimbursement of a renewal, you must notify within 24 hours immediately following the renewal of purchase.

Return method

* In the case of a member image refund, we will return the appropriate number of credits to your account.

* In the case of a subscription image refund, we will deduct the purchase of the download count.

* For all other returns, we will refund your money through the original purchase method. If you have purchased with PayPal, we will refund the full amount less a management fee to your PayPal account. In the case of using a credit card purchase, we will refund the full amount less a management fee to your credit card.

Note that the refund may take several days to process, depending on the nature of the purchase. Refunds on credit card may take up to a full week until it accurately reflects your card.

To request a refund, please contact our technical support.