Antonia Kerrigan Literary Agency

legal - Antonia Kerrigan Literary Agency

LEGAL NOTICE

IDENTITY OF THE OWNER OF THE WEBSITE

This Web Site (or the "Site" or "web"), is operated by Donegal Magnalia, S.L. and this Site and its contents, unless otherwise indicated, are the property of Donegal Magnalia, S.L. a Spanish commercial entity, domiciled in Travessera de Gracia, 22, 1š 2, 08021, Barcelona.

By accessing or using this Site, you agree to the terms set forth in these Terms of Use (or "TOU") which constitute an agreement between you and Donegal Magnalia, S.L. If you do not agree with these TOU, you should leave the Site immediately. Donegal Magnalia, S.L. reserves the right, in its sole discretion, to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications or updates. You agree to review these Terms of Use on a periodic basis.

INTELLECTUAL PROPERTY OWNERSHIP; LICENSE

This Site and its contents including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, and the trademarks, logos, domain names, trade names, and trade identities; any and all copyrightable material; and all other materials related to the Web Site, including without limitation, the "look and feel" of the Site are protected by applicable copyrights. Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by Donegal Magnalia, S.L., no rights (either by implication or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Site or any Materials contained therein, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site.

No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled.

Subject to your strict compliance with these TOU, Donegal Magnalia, S.L. grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to view, use and/or play a single copy of the Materials and download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided that you retain all trademark, copyright and other proprietary notices contained in the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of Editoiral Alreves's S.L. or its licensor's copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without Editorial Alreves's S.L. express written consent is prohibited.

POSTINGS

To the extent that portions of this Web Site (such as "Discussion Boards" or "Reader Reaction") provide users an opportunity to post and exchange information, ideas and opinions, input data, send e-mails, answer questions, or otherwise communicate with Editorial Alreves S.L. and users through the site ("Postings"), All of your Postings are your sole responsibility.

You and not Donegal Magnalia, S.L. are entirely responsible for your Postings and for any information that you e-mail, transmit or otherwise make available via the Site. If you post personal information on Discussion Boards or on other publicly available areas of the Site, then you may receive unsolicited messages from third parties. Donegal Magnalia, S.L. cannot ensure the security of any information you post on publicly available areas of the Site. Under no circumstances will we be liable in any way for any of your Postings, including, but not limited to, any errors or omissions in your Postings, or for any claim, loss or damage of any kind incurred as a result of your Postings.

You hereby represent and warrant that

(i) you have all necessary rights in and to all Postings you provide and all material contained in such Postings;

(ii) your Postings do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation;

(iii) your Postings will not contain any viruses or other contaminating or destructive devices or features;

(iv) , your Postings will not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content;

(v) your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

While Donegal Magnalia, S.L. assumes no responsibility for actively monitoring the Site for inappropriate Postings, Donegal Magnalia, S.L. nevertheless reserves the right to monitor Postings, and to remove any it, in its sole discretion, deems in violation of these TOU or otherwise unacceptable. If Donegal Magnalia, S.L. chooses, in its sole discretion, to monitor sections of the Site such as Discussion Boards and Reader Reaction, Donegal Magnalia, S.L. nonetheless assumes no responsibility for the content of users' Postings, no obligation to modify or remove any inappropriate Postings, and no responsibility for the conduct of users submitting any Postings. You agree that Donegal Magnalia, S.L. accepts no liability whatsoever if it determines to prevent your Postings from being submitted or if it edits, restricts or removes your Postings.

You hereby authorize Donegal Magnalia, S.L. to use and/or authorize others to use, on a worldwide, royalty-free basis, all or part of your Postings in any manner, format, or medium that Donegal Magnalia, S.L. or such other parties see fit, provided, however, that with respect to Postings uploaded by Donegal Magnalia, S.L. authors, your use is limited to viewing such Postings. You shall have no claim or other recourse against Donegal Magnalia, S.L. for infringement of any proprietary right in your Postings.

You agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of these TOU. You further agree to release Donegal Magnalia, S.L. from any and all liability and obligations whatsoever in connection with or arising from your use of this Site.

USER CONDUCT

Users are not permitted to upload, transmit, distribute or otherwise publish through this Web Site any content which infringes a third party's copyright, trademark or other proprietary right or which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to civil liability or otherwise violate any local, state, national or international law. Users may not improperly assume or claim the identity, characteristics or qualifications of another person, nor use this Site for purposes of spamming.

LINKED SITES

Donegal Magnalia, S.L. has provided links with other internet websites that are maintained by third parties. You understand, acknowledge and agree that Donegal Magnalia, S.L. does not verify, endorse, or have any responsibility for the content, business practices or operations of any such third party websites. Any dealings that you have with any linked third party website are between you and the operator of the linked website and you acknowledge and agree that we are not liable for any loss or claim you may have against a third party website operator. Donegal Magnalia, S.L. is not responsible for content or the practices of such third party sites. These terms and conditions apply solely to the Donegal Magnalia, S.L. Site and you should always review the terms and conditions and privacy policy of any website that you access through a link from this Site.

MODIFICATIONS OF THE TERMS AND CONDITIONS OF USE

Donegal Magnalia, S.L. reserves the right to modify, develop or update at any time and without prior notice, the terms and conditions of use of the Site. The User is automatically obliged by the terms and conditions of use in force at the moment the Site is accessed and should thus read said terms and conditions of use periodically.

APPLICABLE LEGISLATION AND JURISDICTION

All disputes or claims arising from the interpretation of the present Legal Notice will be guided by Spanish legislation and submit to the jurisdiction of the Courts and Tribunals of Barcelona.

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