Kijora Terms of Use.

1. ACCEPTANCE OF THESE TERMS OF USE.

Please carefully review these Terms of Use (the Terms). By accessing or utilizing this website (www.kijoraagency.com), you agree to be bound by these terms and other conditions incorporated by reference. You hereby equally agree that you have the right, authority, and capacity to enter into the following terms. These terms and our privacy policy (located www.privacypolicy.com) form a legal contract between you and Kijora Agency (us). Do not use this site if you do not accept these Terms of Use.

your parent or legal guardian must read, understand, and agree to these terms on your behalf prior to your use of the site if you are under 18 years old. Do not access or use the site if you do not agree to these terms or do not have your parent’s or legal guardian’s consent to agree to these terms. You must not use this site if you are under 13 years old.

2. CHANGES TO THE WEBSITE OR THE TERMS.

Kijora maintains the right, at any time and at its sole discretion, to change, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Kijora shall have no liability to you or any third party for any modification, suspension, or discontinuance of the Site or any portion thereof.

3. SITE LICENSE AND CONTENT.

• SITE LICENCE.

Kijora offers you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your personal, non-commercial purposes, subject to the Terms. Any unauthorized access to or use of the Site or Content is a violation of these Terms and may constitute a criminal offense.

• SITE CONTENT.

Unless expressly permitted below, you may not replicate or utilize any information, materials, files, videos, or other content (collectively «Content») comprising, contained on, or distributed through the Site without the prior written authorization of Kijora. The Website and its Content are the property of Kijora, its licensees, and/or its licensors. Copyright laws and international treaty provisions safeguard the Website and its content. You recognize that Kijora or its clients, business partners, licensees, or licensors (as applicable) hold and maintain all copyrights, trade secrets, trademarks, and other intellectual property and proprietary rights in the Site and any Content. You agree not to use any automated means, such as agents, robots, scripts, or spiders, to access, monitor, or copy any portion of the Site or any Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code for, grant a security interest in, publicly perform, publicly display, transfer, or otherwise exploit the Site, the Content, any related technology or software, or any portion thereof. All copyright, trademark, and other proprietary markings must be maintained and always displayed on the Site or any Content.

4. CONDUCT OF USERS; PROHIBITED ACTIVITIES.

You agree not to post, publish, submit, or otherwise distribute over the Site any of the following content or other information that:

• you know to be false, inaccurate, or misleading; that violates,
• infringes, or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right;
• violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
• is, or may reasonably be considered to be, defamatory, libellous, hateful, profane, abusive, racially, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language;
• contains any computer viruses, worms or other potentially damaging computer programs or files.

In addition to the above, you agree not to do the following:

• Download or upload any content or material of which you are aware or should have a reasonable inkling that it cannot be legally obtained in this manner;
• Restrict or impede any other user’s use and enjoyment of any Site section;
• Collect or keep personally identifiable information about other users of the Site, or submit personally identifiable information on the Site, without their express consent and authority to do so;
• Access the Site or use the Content after your access or use has been terminated;
• Affect the manner in which the Site displays Content (including any pages therein) other than by modifying your browser or display settings to enable your personal viewing of the Site;
• Utilize any automated means to access or use the Site or to acquire its Content;
• Modify or generate variants of the Kijora name, trademark, and logos;
• Interfere with the Site or its infrastructure;
• You may not forge headers or manipulate identifiers or other data to conceal the origin of any content communicated through the Site or to manipulate your appearance on the Site;
• Take any activity that places an unreasonable or disproportionately heavy burden on the Website or its infrastructure;
• Engage in any conduct that could constitute a violation of applicable laws, statutes, regulations, or ordinances.
• You undertake to alert us if you suspect any behaviour that violates these Terms and to assist us in our investigation of such activity.

5. AVAILABILITY, INACCURACIES, AND ERRORS.

The Service is continuously updated with new product and service offerings. We may incur delays in updating information on the Service and other websites where we advertise. There may be errors or inaccuracies in the information found on the Service, and it may not be comprehensive or current.

On the Service, products or services may be listed at an incorrect price, described inaccurately, or be unavailable, and we cannot guarantee the accuracy or completeness of any information found on the Service. We reserve the right, therefore, to alter or update information and to correct errors, inaccuracies, or omissions without prior notice.

We respect your privacy and will not share or sell your email address to any third parties, however we will send you emails. You can unsubscribe from the newsletter at any time by following the unsubscribe instructions included in every issue or by contacting us directly. Each inquiry made on our site automatically adds the user to our customer relationship management system and our mailing list. Please let us know in the main body of your email or submission to our contact form if you do not want to be added to our email distribution list. Where necessary, we may also send you marketing information and material via WhatsApp unless you object or unsubscribed to our newsletter.

7. PHONE CALLS.

To maintain a certain level of service quality, all phone conversations that take place between you and our company may be monitored or recorded. Your ongoing participation in any telephone call constitutes express approval for it to be monitored or recorded. If you do not object, the monitoring or recording will continue.

8. THIRD-PARTY LINKS AND/OR CONTENTS.

 As a service to people interested in this material, Kijora and its users may provide links to web pages and content that are not owned or controlled by Kijora, including but not limited to any third-party advertisements or promotions (collectively, «Third Party Content»). Kijora does not control, support, or adopt any Third-Party Content and makes no representations or warranties of any kind regarding Third Party Content, including its accuracy and completeness.

You understand and accept that Kijora is in no way responsible or liable for Third Party Content and has no obligation to update or review Third Party Content. Such Third-Party Content is utilized by users at their own risk. Your business dealings, correspondence, or participation in promotions with third parties, as well as any associated terms, conditions, warranties, or representations, are solely between you and such third parties. Kijora is not accountable or responsible for any loss or damage of any kind incurred as a result of such dealings or promotions, or the presence of such Third-Party Content on the Site.

You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Kijora or the Site (collectively, «Feedback») that are provided by you, whether by email, posting to the Site or otherwise, are not confidential and will become the sole property of Kijora. Kijora shall be entitled to the unfettered use and dissemination of such Feedback for any purpose, whether it be commercial or otherwise, without acknowledgment or remuneration to you. Furthermore, Kijora will be the exclusive owner of all intellectual property rights associated with the Feedback.

10. DISCLAIMER: «AS IS» AND «AS AVAILABLE».

Kijora doesn’t promise that the site or website contents/materials will work or be available without interruptions. THE SITE AND ITS CONTENTS/MATERIALS ARE PROVIDED ON AN «AS IS,» «AS AVAILABLE» BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RIPPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN. KIJORA DOES NOT PROMISE OR GUARANTEE THAT THE WEBSITE CONTENTS/MATERIALS OR THE SITE ARE CORRECT, COMPLETE, RELIABLE, UP-TO-DATE, OR FREE OF MISTAKES. Even though Kijora tries to make it safe for you to access and use the site, it cannot and does not guarantee that the site or its contents/materials and server(s) are free of viruses or other harmful components. Because of this, you should use industry-standard software to find and remove viruses from any download.

Kijora can change any and all of the Site’s content at any time without telling anyone. Kijora is not endorsing, sponsoring, recommending, or affiliated with any products, services, processes, or other information that may be mentioned by trade name, trademark, manufacturer, supplier, or in any other way. Some places don’t let consumers get out of contracts with implied terms, so some or all of the disclaimers in this section might not apply to you.

11. LIMITATIONS OF LIABILITY.

IN NO EVENT WILL KIJORA, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE KIJORA MATERIALS OR THE CONTENTS/MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM KIJORA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KIJORA’S RECORDS, PROGRAMS OR SITE.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF KIJORA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KIJORA FOR ACCESS TO OR USE OF THE SITE.

BECAUSE SOME JURISDICTIONS DON’T LET YOU EXCLUDE OR LIMIT LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, YOU MAY NOT BE ABLE TO USE ALL OF THE ABOVE LIMITATIONS. IN THESE PLACES, KIJORA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT THAT THE LAW WILL ALLOW. CHECK YOUR LOCAL LAWS TO SEE IF THERE ARE ANY RESTRICTIONS OR LIMITS ON THE AMOUNT OF LIABILITY YOU CAN HAVE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

You agree to defend, indemnify, and hold harmless Kijora, its affiliates, licensees, vendors, partners, identified Site sponsors, and each of their respective directors, officers, members, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) your breach of this Agreement; b) your access to or use of the Site and/or the Content, (c) your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) your tortious acts including, without limitation, defamation, and/or (e) any claims you may raise against third parties relating to third party products and/or services. We reserve the right to take on, at our own cost, the sole defence and control of any matter for which you are required to indemnify us, and you agree to help us defend ourselves against such claims. If we take on this defence, we will only be responsible for our own legal fees. You will be solely responsible for any other losses, damages, liabilities, judgments, settlements, costs, or expenses.

We may have to tell you about certain things by state or federal law. You agree and acknowledge that these notices will take effect when we post them on the Site or send them to you by email if you have given us your email address before. If you don’t give us correct information, we can’t be held responsible if you don’t get notice.

14. PRIVACY POLICY.

Some of the information we get from you or about you when you use the Site is covered by our Privacy Policy (www.privacypolicy.com), which is part of these Terms by reference and may be changed from time to time. You agree to the terms, conditions, and other things in the Privacy Policy, including the way information is collected and shared and how it is used.

«Kijora,» the Kijora logos, and any other Kijora product or service name, logo, or slogan on the Site are trademarks or service marks of Kijora («Kijora Marks») and may not be copied, imitated, or used, in whole or in part, except as expressly allowed in these Terms or on the Site, or with Kijora’s prior written permission. You can’t use any Kijora Marks in metatags or other «hidden text» without getting our written permission first. Also, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, or trade dress of Kijora and is part of the Kijora Marks. It may not be copied, imitated, or used, in whole or in part, without our written permission, except where expressly allowed herein or on the Site. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site belong to their respective owners and may not be copied, imitated, or used, in whole or in part, without the written permission of the trademark holder. Referring to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or in any other way does not mean that we support, sponsor, or recommend that product, service, process, or other information.

16. DISPUTE RESOLUTION.

• Negotiation: In recognition that negotiation may offer a faster and less expensive resolution than mediation, arbitration, or litigation, the parties may resolve any and all disputes, claims, or controversies arising out of or relating to this Agreement through informal negotiation. Any party may decide to forego or stop negotiation at any time. Any dispute, which cannot be mutually resolved by the parties through negotiation, shall be resolved by Arbitration. However, arbitration shall be used only as a last resort.

• If you have a problem or disagreement with the Company, you agree to contact us first at legal@administraciongb.com and try to work it out with us informally. If we can’t settle the dispute with you informally, we both agree that any claim, dispute, or controversy (except for claims for injunctive or other equitable relief) arising out of, connected to, or related to these Terms will be settled by binding arbitration by to the Madrid International Arbitration Centre (MIAC), in accordance with its Bylaws and Rules in force at the date when the request for arbitration is filed. The language of the arbitration shall be English language, and the place of arbitration shall be Madrid, Spain.” The arbitrator’s decision will include the costs of arbitration, reasonable attorney fees, and reasonable costs for expert and other witnesses. Any court with the right to do so can decide based on the arbitrator’s decision. Nothing in this section stops either party from asking the courts for an injunction or other kind of equitable relief if there is a problem with data security, intellectual property, or if someone else is using the Service without permission.

• ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON’S CLAIMS. By agreeing to these terms, both you and the company are giving up the right to a trial by jury or to join a class action.

17. GOVERNMENT LAW AND JURISDICTION.

All things related to the Site, these Terms, and any dispute or claim arising from or related to them (including non-contractual disputes or claims) shall be governed by and interpreted according to the laws of Spain, without giving effect to any choice of law or conflict of law provision or any other jurisdiction). Any legal suit, action, or proceeding based on or related to these Terms or the Site shall be brought only in the Madrid courts. However, we reserve the right to bring any suit, action, or proceeding against you for breaking these Terms in your country of residence or any other relevant country. You give up any objections you might have to these courts having power over you and hearing your case there.

If any part of these Terms is found to be illegal or unenforceable, that part will be changed and interpreted so that its goals are met as much as possible under the law, and the other parts will still be in full force and effect.

Except as stated here, if a party doesn’t use a right or demand performance of an obligation under these Terms, that doesn’t mean they can’t use that right or demand performance at a later date. Similarly, if a party waives a breach, that doesn’t mean they’ll waive a future breach.

20. ENTIRE AGREEMENT.

The Terms and our Privacy Policy are the only and full agreement between you and the Company about the Site. They replace all other understandings, agreements, representations, and warranties, both written and spoken about the Site, from the past and present.