Terms & Conditions
In these terms and conditions, the following words shall have the following meanings:
"The Luena Foundation” or “Foundation” means The Luena Foundation, a corporation registered in the state of Delaware, in the United States of America, having its corporate office at 23 Kerley Ct, Walnut Creek, California 94598, United States; “the Website” means any website under the ownership or control of The Luena Foundation from which a link has been created to these terms and conditions; “the Material” means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website; and
"User" means you, the individual, firm, company or organization accessing this Website.
2. Applicable terms and conditions
The Website is owned by The Luena Foundation and any use made of this site (including registrations and donations made via the Website), are subject to these terms and conditions. The Luena Foundation may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
3. Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.
3.2 any links created to the Website are notified to and approved by The Luena Foundation before they are created.
3.3 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of The Luena Foundation.
4. Copyright, Trademarks and Intellectual Property
4.1 Copyright in the Material is owned by The Luena Foundation or its content suppliers. Unauthorized use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of The Luena Foundation or, where applicable, the respective copyright owner is prohibited.
4.2 The names and logos of The Luena Foundation and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of The Luena Foundation and may not be used without the prior consent of The Luena Foundation.
4.3 All works in the nature of databases are protected by database rights.
The Website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this Website. So far as permissible by law, The Luena Foundation does not accept any liability to any person relating to the use of any such information.
While The Luena Foundation has taken every precaution in compiling this site, neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organization wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.
Waiver of Liability:
WE DO NOT WARRANT THAT ANY OF THE MATERIALS ON OUR WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM USE OF THIS SITE, OR DISSEMINATION OF OR RELIANCE ON ANY CONTENT CONTAINED ON THIS SITE, AND USERS HEREBY WAIVE ANY CLAIM AGAINST US AND OUR EMPLOYEES/VOLUNTEERS, OFFICERS, DIRECTORS AND AGENTS REGARDING YOUR USE OF, DISSEMINATION OF OR RELIANCE ON THIS SITE.
The Luena Foundation make changes to the materials contained on its Website at any time without notice. However, the Luena Foundation does not make any commitment to update the materials. Users of our Website acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through other websites that are linked to this site, even if they are owned or run by affiliates or partners of ours. We have no control over their content or availability.
Any opinion, advice, statement, service, offer, or information or content provided or made by any third party on this website, or on any website to which this website is linked, is that of the author or provider, and not of the Luena Foundation.
7. Warranty and indemnity
The User warrants to The Luena Foundation that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trade marks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify The Luena Foundation, its employees/volunteers, officers and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against The Luena Foundation, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
8. Limitation of liability
The Luena Foundation hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall The Luena Foundation be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if The Luena Foundation has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
9. Third party websites
The Website contains links to websites operated by parties other than The Luena Foundation. Such links are provided for the User's convenience only. The Luena Foundation does not control such websites, and is not responsible for their content. The Luena Foundation’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
On certain parts of this Website we may require you to register and provide information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form. Our use of Registration Data and certain other information about you is subject to our Privacy Statement.
Where the registration processes involves you being allocated with a unique username and/or password that gives you access to your Website account, you are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account. You agree to (a) immediately notify us if you become aware of any unauthorized use of your password or website account or any other breach of security by sending an appropriately worded email to email@example.com and (b) ensure that you exit from your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
11. User Content Pages - Rules of Acceptable Use
Any discussion forums or pages of the Website, where you are capable of posting material, are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. Your use of these forums and the Website generally is subject to the following terms which, by your use of the forums and the Website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
- You may not use obscene or offensive language.
- You may not place on the Website any material which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate. You may not post any material on the Website which has been disclosed to you in confidence or which, by its nature, is confidential.
- You may not post any material on the Website which compromises the privacy or security of anyone other than yourself.
- You may not place on the Website any material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
- You may not place on the site any material belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it.
- You may not place on the site any material where the use by The Luena Foundation, or any third party licensed or permitted by The Luena Foundation, will give rise to any third party claims.
- You may not place any links on the Website where those links take users to unlawful material or material that contravenes these Rules of Acceptable Use.
- You may not place on the Website advertisements nor make commercial solicitations nor use the Website for any commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services).
- You may not place on the Website any material that authorizes, enables or encourages the dissemination of junk mail or chain letters.
- You grant The Luena Foundation the unrestricted right to use, reproduce, translate and distribute any material you place on the site.
- Whilst we do not pre-screen submissions placed on our online forums, we do have the right (but not the obligation) at our sole discretion to review, edit, move or delete any material submitted to our online forums.
- You agree to indemnify The Luena Foundation, its associated companies and its representatives and employees/volunteers, officers and agents from any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other submissions to our online forums, from any unauthorized use of material obtained from our online forums or otherwise from your breach of our Rules of Acceptable Use.
Removal of content. We will not view or edit or pre-screen any contribution that you or anyone else make to the forums or to the Website generally and, therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the Website. We, and others that we designate, shall have the right (but not the obligation) at our sole discretion to refuse or remove any content that is posted to, or available on, the forums or the Website without the need to give any reasons for doing so.
Content objections. If you object to the publication of any material placed on our online forums (or anywhere else on this Website) please let us know by contacting firstname.lastname@example.org and we will take whatever action we deem appropriate.
12. Privacy and Data Protection
Our Privacy Statement can be read on the front page of our website.
Whilst The Luena Foundation makes all reasonable attempts to exclude viruses from the Website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
14. Events, Competitions and Prizes
The Luena Foundation reserves the right to vary event registration fees and the prices of any goods or services listed without notice. All event registrations and orders for goods or services are subject to availability and The Luena Foundation reserves the right to refuse to accept any registration and to refuse to supply any goods or services to any individual.
From time to time we may run competitions, raffles and promotions on the Website. In each case these will be subject to additional terms which will be made available on the site.
Although the Website uses encryption security software in areas where online payment/donation details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by The Luena Foundation or its agents.
16.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
16.2 These terms and conditions constitute the entire agreement between The Luena Foundation and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and The Luena Foundation.
16.3 Any failure of The Luena Foundation to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
The terms and conditions and the use by the User of the Website shall be governed by the laws of Spain and the parties hereto submit to the exclusive jurisdiction of the Spanish courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.
Updated: March 17, 2019