TERMS OF USE AND ACCEPTANCE

The General Terms of Use (here under "Terms of Use" ) rule the use of the service offered on Internet by the gateway  "www.diplomaticnet.com" (here under, the "Gateway") provided by  Diplomatic Net, S. L. (here under, "DIPLOMATICNET") freely to Internet users.

These terms of use are applicable to every user of the Gateway (here under, "User") and involve complete acceptance by the User of all terms published by DIPLOMATICNET when the user enters the Gateway. Thus, the User must read carefully the section concerning "Terms of Use" every time he wishes to use this Gateway.

The access and/or use of some services provided to the users through the gateway are subject to special conditions, which according to the subject, substitute, complete and/or modify the general "Terms of Use" (here under " Special Terms of Use").  Before acceding and/or using these services, the user is invited to read carefully these "Special Terms of Use". The access and/or use of those services involve the complete and unconditional acceptance of the "Special Terms of Use" published by DIPLOMATICNET at the access and/or use of  those services.

OBJECT

through the Gateway, DIPLOMATICNET facilitates the use and access to all services provided by  DIPLOMATICNET, by third users of the gateway and/or third services providers ( here under "Services").

DIPLOMATICNET reserves the right to modify, at any time, with or without notice, the presentation and configuration of the Gateway. It also reserves the right to modify or eliminate, at any time, with or without notice, the services and conditions required to access and/or use the Gateway and Services.

GENERAL PRACTICES REGARDING USE AND ACCESS.

3.1. Free access and use of the Gateway.

DIPLOMATICNET provides free access to the Gateway and without previous subscription or registration. Nevertheless, the use of part of the services requires specific user registration or subscription and/or payment.

3.2. Obligation to use properly the Gateway and Services.

The User agrees  to use the Gateway and Services as prompted in "Terms of Use" and to respect ethics, morals and public order. The User agrees not to use the Gateway and Services  in an unlawful, harmful way, or to threat rights and interests of third parties, or to damage , spoil, overload or deteriorate the Gateway and Services or even to obstruct the normal use of the Gateway and Services.

3.3. Means to get Content.

The User shall refrain from getting or trying to get any information, graphics, sound and/or image archives, photographs, recording, software or any other materials accessible from the Gateway or Services  ( hereupon "Content") or use different means from those to which such Content was submitted or those generally used on Internet in order not to damage or spoil the Gateway, Services and/or Content.

3.4. Proper use of the Content.

The User agrees to make proper and lawful use of the Content  and agrees not to (a)  use any Content that is unlawful, harmful or ethically or otherwise objectionable  (b) reproduce or copy, distribute or allow access to the public through any public communication mean, or modify the Contents, unless the holder of these rights has given previous legal agreement  (c) sell, rent, lease or loan Contents or any other information provided by the Gateway or Services. Make a use of Contents and Services on commercial purposes, send any messages only addressed to independent persons, and in any case, commercialize or publish any of the above mentioned information.

3.5. Use of the password.

The User agrees to use secretly and properly the assigned password/s and user/s name/s to access the Gateway and/or Services. The User is responsible for all costs and damages caused by a third party using his password/s or user/s name/s, because of their loss or of a diligent use.

3.6. Obligation to respect all instructions.

User agrees to respect accurately any instruction given by DIPLOMATICNET or any other person empowered by DIPLOMATICNET concerning the use of the Gateway and Services.

3.7. Open Forums.

The User agrees to respect  the Terms of Use and to make a proper, lawful and ethical use of those services, that by nature, allow the user to introduce  Contents in the Gateway and to make them accessible to all other Users. These services are mainly the mailing box, the announcement board, the feedback, etc... (here under " Open Forums").

User agrees not to transmit, diffuse or provide, through the Open Forums, Contents to third parties  (a) that, in a way or another, violate, despise or attempt fundamental rights and public liberties acknowledged constitutionally, legally and stated in international treaties; (b) induce, incite or promote criminal, violent, defamatory or generally unlawful and ethically objectionable behaviour; (c) induce, incite or promote discriminating behaviours on race, sex, age or religion; (d) provide, incorporate, or allow the access to products, messages and/or services that are violent, pornographic, criminal, unlawful and ethically objectionable; (e) that induce an unacceptable state of anxiety and fear; (f) induce or get involved in dangerous, risky or harmful behaviour; (g) provide inaccurate, untrue, ambiguous information that can, in a way or another, lead into error on the object or intention; (h) provide with contents protected by any intellectual property right belonging to a third party, and that are used by the User without previous legal agreement; (i) violate privacy of third parties; (j)  provide unlawful contents and invasive of another's privacy; (k) infringes any communication secret; (l) transmit unlawful, dishonest or disloyal advertising; (m) transmit software viruses, or any other computer code or programs designed to interrupt, destroy or limit the functionality of the network, any computer software or hardware or telecommunication equipment.

DIPLOMATICNET does not have the obligation to control the Contents transmitted, diffused or provided to Users and third parties in  Open Forums. Nevertheless, DIPLOMATICNET has the right, in its sole discretion and without notice, or on a third party's request, to revise the transmitted Contents and to refuse or remove any Content that violates the Terms of Use.

3.8. Introduction of hyper links to access the Gateway's web sites and Services.

The Users, and generally all parties that plan to create hyper links between their web sites and any web site of the Gateway and Services ( here under "Hyper links") must agree with the following conditions: (a) the hyper links only allow access to the web sites of the Gateway and Services, but without reproducing them; (b) not to establish deep-links with the web sites of the Gateway and Services ; (c) not to create a browser nor a border environment on the web sites of the Gateway and Services; (d) not to provide false or incorrect indications on the web sites of the Gateway and Services. Not to declare or pretend that DIPLOMATICNET has agreed with the hyper link, supervised it or even assumed, in any given way, the contents and services provided in the web sites where the hyper link is created; (e) except those signs that already figure on the hyper link, no new marks, commercial names, logos or any other distinctive sign belonging to DIPLOMATICNET shall figure on the web sites where the hyper link is created ; (f) the web site where the hyper link is created shall not provide with unlawful, harmful or ethically objectionable content, nor any other content that violate third parties rights.

Anyway, the establishment of hyper links do not imply any existing relationship between DIPLOMATICNET and the owner of the web site, nor the approval of DIPLOMATICNET on the contents and services provided  in there.

3.9. User's responsibility for damages.

The User agrees to support all kind of damages suffered by DIPLOMATICNET as a consequence of violation of one or many conditions stated in the Terms of Use.

According to the conditions stated above, the User agrees to indemnify DIPLOMATICNET for any claim, demand or fine imposed to DIPLOMATICNET by administrative decision or sentence due to the  violation of the Terms of Use or violation of any other right. The User will refund the paid amount within a period of thirty (30) days, starting from the day he receives a written notification from DIPLOMATICNET.

PERSONAL DATA

To access and/or use any of the Services, the Users must previously provide DIPLOMATICNET with some personal data ( here under "Personal Data"). DIPLOMATICNET will incorporate the given information in an automate file registered and discharged to the adequate authority. All these present conditions will be properly and previously noticed legally to the Users by  DIPLOMATICNET.

DIPLOMATICNET makes warranty to adopt the adequate means concerning security in the set ups, systems and files. DIPLOMATICNET also guarantees the confidentiality of Personal data. But nevertheless, DIPLOMATICNET will reveal to the competent public authorities the Personal Data or any other information required by the latter and required according to legal   provisions. The Users have the right to access and cancel or rectify the information by sending an e-mail to DIPLOMATICNET at subscribe@diplomaticnet.com or by writing at the headquarters at the following address: Bruc 136 2º-2ª-B Barcelona 08037, Spain.

In consideration of the use of the Services, Users agree and guarantee to provide true, accurate, current and complete information and to maintain and promptly up-date the information to keep it true, accurate and complete.

USE OF THE GATEWAY, SERVICES AND CONTENTS AT THE SOLE RISK OF THE USER

The User expressly understands and agrees that the use of the Gateway, the Services and Contents are at its sole risk.

DISCLAIMER OF WARRANTIES AND RISKS

6.1. Disclaimer of warranties, risks and responsibility concerning the functioning of the Gateway and Services.

6.1.1. Disposability and continuity

DIPLOMATICNET does not guarantee the disposability and continuity in the functioning of the Gateway and Services.

DIPLOMATICNET SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE INABILITY TO USE THE GATEWAY AND SERVICES.

6.1.2. Usefulness
DIPLOMATICNET does not guarantee the usefulness of the Gateway and Services for the accomplishment of any particular activity.

DIPLOMATICNET SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE UNUSEFULNESS OF INFORMATION OBTAINED BY THE USER THROUGH THE GATEWAY AND SERVICES.

6.1.3. Reliability

DIPLOMATICNET does not guarantee the reliability of the Gateway and Services neither the fact that Users have access to the different sites of the web , nor the possibility to transmit, diffuse or provide  third parties with Contents, or receive, get or access the Contents.

DIPLOMATICNET SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM ANY UNRELIABILITY OF THE GATEWAY AND SERVICES. DIPLOMATICNET MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT NO FAILURE MIGHT OCCUR DURING TRANSMISSION, DIFFUSION OR STORAGE OR IN PROVIDING CONTENTS TO THIRD PARTIES, RECEIVING AND USING CONTENTS.

6.2. Exclusions of warranties and risks regarding Contents.

6.2.1. Quality
DIPLOMATICNET does not control previously and does not guarantee the absence of virus  in the Contents, nor it guarantees the absence of other elements in the Contents that might cause any alteration in the computer system (hardware and software), electronic documents or stored files.

DIPLOMATICNET SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE PRESENCE OF VIRUSES OR ANY OTHER DAMAGING ELEMENTS IN THE CONTENTS.

6.2.2. Legality, reliability and usefulness
DIPLOMATICNET does not guarantee the legality, reliability and usefulness of the Contents.

DIPLOMATICNET IS LIABLE FOR ANY DAMAGES INCURRED AS A RESULT OF TRANSMISSION, DIFFUSION , STORAGE OR PROVISION , RECEPTION OR ACCESS TO CONTENTS. DIPLOMATICNET IS NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM (A) BREACH OF LAW, ETHICS AND PUBLIC VALUES, RESULTING FROM TRANSMISSION, DIFFUSION, STORAGE, RECEPTION OR ACCESS OF THE CONTENTS; (B) THE VIOLATION OF INDUSTRIAL AND INTELLECTUAL PROPERTY, FIRMS AND CONTRACTS SECRETS, PRIVACY, AND RIGHT OF IMAGE OR THE VIOLATION OF ANY RIGHTS OF ANOTHER RESULTING FROM TRANSMISSION, DIFFUSION,  STORAGE, RECEPTION OR ACCESS OF THE CONTENTS; (C) UNFAIR COMPETITION AND UNLAWFUL ADVERTISING RESULTING FROM TRANSMISSION, DIFFUSION, STORAGE, RECEPTION OR ACCESS OF THE CONTENTS; (D) FALSE, INACCURATE, UNEXHAUSTIVE AND /OR UNCURRENT CONTENTS; (E) UNSUITABILITY OF ANY PURPOSES AND DISAPPOINTMENT IF THE CONTENTS DO NOT MEET THE USER'S EXPECTATIONS; (F) NON-FULFILMENT, DELAY OR DEFECTIVE FULFILMENT, OR EVEN CONTRACT BREACHING BY THIRD PARTIES, FOR ANY GIVEN REASON, OR BECAUSE OF ACCESS TO CONTENTS ; (G) DEFAULT IN TRANSMISSION, DIFFUSION, STORAGE, PROVISION OR RECEPTION OF CONTENTS PROVIDED BY THE GATEWAY OR SERVICES.

6.3. Exclusion of warranties and responsibility for services provided by third parties through the Gateway

6.3.1. Quality
DIPLOMATICNET makes no warranties neither controls previously the absence of viruses in the services provided by third parties through the Gateway.

DIPLOMATICNET IS NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM DEFAULTS IN THE QUALITY OF THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE GATEWAY.

6.3.2. Legality, reliability and usefulness, DIPLOMATICNET makes no warranties on the legality, reliability and usefulness of those services.

DIPLOMATICNET IS LIABLE FOR ANY DAMAGES INCURRED AS A RESULT OF TRANSMISSION, DIFFUSION , STORAGE OR PROVISION , RECEPTION OR ACCESS TO CONTENTS. DIPLOMATICNET IS NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM (A) BREACH OF LAW, ETHICS AND PUBLIC VALUES, RESULTING FROM TRANSMISSION, DIFFUSION, STORAGE, RECEPTION OR ACCESS OF THE CONTENTS;(B) THE VIOLATION OF INDUSTRIAL AND INTELLECTUAL PROPERTY, FIRMS AND CONTRACTS SECRETS, PRIVACY, AND RIGHT OF IMAGE OR THE VIOLATION OF ANY RIGHTS OF ANOTHER RESULTING FROM TRANSMISSION, DIFFUSION,  STORAGE, RECEPTION OR ACCESS OF THE CONTENTS;(C) UNFAIR COMPETITION AND UNLAWFUL ADVERTISING RESULTING FROM TRANSMISSION, DIFFUSION,  STORAGE, RECEPTION OR ACCESS OF THE CONTENTS; (D) FALSE, INACCURATE, UNEXHAUSTIVE AND /OR UNCURRENT CONTENTS; (E) UNSUITABILITY OF ANY PURPOSES AND DISAPPOINTMENT IF THE CONTENTS DO NOT MEET THE USER'S EXPECTATIONS; (F) NON-FULFILMENT, DELAY OR DEFECTIVE FULFILMENT, OR EVEN CONTRACT BREACHING BY THIRD PARTIES, FOR ANY GIVEN REASON, OR BECAUSE OF ACCESS TO CONTENTS ; (G) DEFAULT IN TRANSMISSION, DIFFUSION, STORAGE, PROVISION OR RECEPTION OF CONTENTS PROVIDED BY THE GATEWAY OR SERVICES.

6.4. Exclusion of warranties and responsibility  for services and contents lodged outside the Gateway.

The Gateway puts at Users' disposal, technical means for links ( i.e. links, banners, or knobs), along with directories and searching tools  that allow Users' access to third parties web sites ( here under " Linked web sites"). The setting of those links, directories and searching tools in the Gateway aim at facilitating research and access to information on Internet. Nevertheless, this does not mean that there is an association or any kind of relationship between DIPLOMATICNET and the operators of those Linked Web sites.

DIPLOMATICNET does not previously control, approve or appropriate those services, information, data, archives, products or any other elements provided by Linked Websites. Still, the Users shall be extremely careful when using those services, information, data, archives, products or any other elements provided by Linked Web sites.

DIPLOMATICNET MAKES NO WARRANTIES NOR ASSUME ANY RESPONSIBILITY FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM (A) THE FUNCTIONING, RESOURCES, ACCESSIBILITY, OR CONTINUITY OF LINKED WEB SITES; (B) THE MAINTENANCE OF SERVICES, INFORMATION, DATA, ARCHIVES, PRODUCTS OR ANY OTHER EXISTING ELEMENTS IN THE LINKED WEB SITES; (C) THE PROVISION OR TRANSMISSION OF SERVICES, INFORMATION, DATA, ARCHIVES, PRODUCTS OR ANY OTHER EXISTING ELEMENTS IN THE LINKED WEB SITES; (D) THE QUALITY, LEGACY, RELIABILITY AND USEFULNESS OF SERVICES, INFORMATION, DATA, ARCHIVES, PRODUCTS OR ANY OTHER EXISTING ELEMENTS IN THE LINKED WEB SITES, ACCORDING TO THE AGREEMENT AND ACCESSIBILITY STATED IN TERMS OF USE  6.2 AND 6.3 ON CONTENTS AND SERVICES PROVIDED BY THIRD PARTIES THROUGH THE GATEWAY.

6.5. Exclusion of warranties and responsibility concerning the use of the Gateway, Services and Contents by the Users

DIPLOMATICNET does not control the access nor the use of the Gateway, the Services and Contents by the Users. Above all, DIPLOMATICNET makes no warranty that all users make a proper and lawful use of the Gateway, Services and Contents, respecting Terms of Use, or Special Terms of Use stated hereupon.

DIPLOMATICNET IS NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OF SERVICES AND CONTENTS.

6.6. Identity and information on Users and provided by the Users themselves.

DIPLOMATICNET does not control nor makes any kind of warranties on users' identity nor on the veracity, accuracy and /or authenticity of the information provided by the Users and that are accessible to other Users.

DIPLOMATICNET IS NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM AN INCORRECT INFORMATION ON THE USER'S IDENTITY OR LACK OF VERACITY, ACCURACY AND/OR AUTHENTICITY OF INFORMATION PROVIDED BY THE USER ON HIMSELF AND MAKE THEM ACCESSIBLE TO OTHER USERS. DIPLOMATICNET IS NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM IMPERSONATING ANY PERSON OR ENTITY IN ANY TRANSACTION  MADE THROUGH THE GATEWAY.

COPYRIGHTS

authorizes Users to use intellectual and industrial property rights and trade secrets related to the Software set-up in their computer system for the exclusive use of the Gateway and services according to the conditions stated in Terms of Use. DIPLOMATICNET does not give any licence or permission to use its intellectual and industrial property rights, trade secrets or any other property or rights related to the Gateway, Services and Contents.

DISCARD AND TERMINATION OF ACCESS TO THE GATEWAY AND/OR SERVICES

DIPLOMATICNET reserves the right at any time and without notice, on its sole discretion or on a third party's request, to discard or terminate the access to the Gateway and /or Services, if DIPLOMATICNET believes the User has violated the spirit of the Terms of Use or the Special Terms of Use.

PROCEEDING FOR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

If any User or third party considers that any of the Contents introduced in the Gateway violate its intellectual property rights, the User or the third party must send a notification to  DIPLOMATICNET including the following data: (a) personal data of the claimant: name, address, phone number and e-mail; (b) authentic signature along with personal data of the holder of the intellectual property rights that have been supposedly infringed- or provide with the personal data of the person acting on the name and for the account of the holder of the intellectual property rights; (c) a perfect and complete information on the Contents protected by intellectual property rights, supposedly infringed and their location in the Gateway; (d) a clear and exact declaration that these Contents were introduced without the agreement of the holder of the intellectual property rights, supposedly infringed ; (e) a clear and exact declaration of the claimant that the information provided in the notification is accurate and that the introduced contents violate his intellectual property rights.

These notifications must be sent to aoliva@diplomaticnet.com, address: Bruc 136 2º-2ª-B, Barcelona 08037, Spain.

DURATION AND TERMINATION

All services provided by the Gateway and Services have an unlimited duration. Nevertheless DIPLOMATICNET, in its sole discretion, and without notice, may terminate or discontinue providing the Gateway and/or Services, without been liable and according to what has been states in the Special Terms of Use.

APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by the Spanish Laws.

DIPLOMATICNET and the User agree to submit to the personal and exclusive laws and  jurisdiction of the courts of the City of Barcelona (Spain).