[:] [ MAR ABIERTO ]

TERMS
AND
CONDITIONS

This document constitutes the legal notice and conditions that regulate the access, use, browsing, purchase, and utilization of the website located at the URL marabierto.xyz ("The Site"). Please read these Terms of Use (hereinafter referred to as "the Terms") and our Privacy Policy carefully as they govern your use of the website, its content, and the functionalities accessible through "The Site" offered by Croonos Lab S.L ("Croonos Lab"), a Spanish company, with registered address at C/ Calderón de la Barca 3, 3C, 28013 Madrid, and Tax ID: B-87891982, registered in the Commercial Registry of Madrid with the following registration details: Volume: 36226, Book: 0, Folio: 147, Section: 8, Sheet: M 650981, Entry or Annotation: 1, and dated: 28/07/2017 (hereinafter referred to as "Croonos Lab").

1. Agreement to Terms. By using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.

2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Site, to understand how we collect, use, and share your information.

3. Changes to these Terms or the Site. We may update the Terms from time to time at our sole discretion. If we do so, we will notify you by posting the updated Terms on the Site. It is important that you review the Terms each time we update them or use the Site. If you continue to use the Site after we have posted the updated Terms, it means you accept and agree to the changes. If you do not agree to be bound by the changes, you will no longer be able to use the Site. We may change or discontinue all or any part of the Site at any time and without prior notice at our sole discretion.

4. Who can use the site? You may use the Site only if you are 18 years or older and capable of entering into a binding contract with Croonos Lab, and you are not prohibited from using the Site under applicable law.
Feedback: we value your feedback about the Site, but please do not submit unsolicited suggestions for improvements, creative ideas, designs, presentation folders, or any other materials (collectively, "Unsolicited Ideas"). This policy is aimed at avoiding potential disputes or misunderstandings when our Site may appear similar to Unsolicited Ideas sent by individuals. We may currently be developing, have developed, or may develop in the future ideas or materials internally or receive ideas or materials from other parties that may be similar to Unsolicited Ideas. If you disregard this policy and still submit your Unsolicited Ideas to us, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license under all intellectual property or other rights that you own or control to use, copy, modify.

5. Intellectual and Industrial Property: Croonos Lab is the owner or licensee of all Industrial and Intellectual Property rights of all the content and objects published on the website, especially the designs, texts, graphics, logos, icons, buttons, software, and any other sign capable of industrial and commercial use. The assignment, distribution, transmission, storage, or total or partial communication of the content of the website marabiertonft.xyz is prohibited.

6. General Prohibitions and Croonos Lab's Enforcement Rights. You agree not to do any of the following: (a) Use, display, mirror, or frame the Site or any individual element within the Site, the name of the Site, any Croonos Lab trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Croonos Lab's express written consent; (b) Access, tamper with, or use non-public areas of the Site, Croonos Lab's computer systems, or the technical delivery systems of Croonos Lab's providers; (c) Attempt to probe, scan, or test the vulnerability of any Croonos Lab system or network or breach any security or authentication measures; (d) Avoid, bypass, remove, deactivate, impair, decrypt, or otherwise circumvent any technological measure implemented by Croonos Lab or any of Croonos Lab's providers or any other third party (including another user) to protect the Site; (e) Attempt to access or search the Site or download content from the Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or similar) other than the software and/or search agents provided by Croonos Lab or other generally available third-party web browsers; (f) Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (g) Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the Site; (h) Interfere with or attempt to interfere with the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; (i) Impersonate or misrepresent your affiliation with any person or entity; (j) Violate any applicable law or regulation; or (k) Encourage or enable any other individual to do any of the foregoing.

7. Croonos Lab is under no obligation to monitor access to or use of the Site or to review or edit any content. However, we have the right to do so in order to operate the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if, in our sole discretion, we consider it to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

8. Links to Third-Party Websites or Resources. The Site may allow you to access third-party websites or other resources. We provide access solely for your convenience, and we are not responsible for the content, products, or services available on those resources or links displayed on such websites. You acknowledge sole responsibility and assume all risks arising from your use of third-party resources.

9. Termination. We may suspend or terminate your access and use of the Site, at our sole discretion, at any time and without prior notice. Upon any termination, discontinuation, or cancellation of these Terms or the Site.

10. Warranty Disclaimer. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Site will meet your requirements or be available uninterrupted, secure, or error-free. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Site. Any reliance you place on such information or content is strictly at your own risk.

11. Indemnification. You will indemnify and hold Croonos Lab and its directors, employees, partners, and agents harmless from and against any claim, dispute, demand, liability, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access or use of the Site, or (b) your violation of these Terms.

12. Limitation of Liability. (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CROONOS LAB NOR ITS SERVICE PROVIDERS INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CROONOS LAB OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) THE FOREGOING EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN CROONOS LAB AND YOU.

13. Governing Law and Choice of Forum. These Terms and any action related thereto shall be governed by and construed in accordance with Spanish law and courts.

14. Dispute Resolution. (a) Informal Resolution of Disputes. You and Croonos Lab must first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") informally. Accordingly, neither you nor Croonos Lab may initiate a formal arbitration proceeding for at least sixty (60) days after one party notifies the other party in writing of a claim. As part of this informal resolution process, you must send your notices to us by first class mail to Croonos Lab, C/ Calderón de la Barca 3, 3C, 28013 Madrid, Spain.
(b) Mandatory Arbitration of Disputes. Each of us agrees that any dispute shall be resolved solely through binding and individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Croonos Lab agree that Spanish law governs the interpretation and enforcement of these Terms, and that both you and Croonos Lab waive the right to a trial or to participate in a class action. This arbitration provision shall survive the termination of these Terms.
(c) Waiver of Class Action: YOU AND CROONOS LAB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Additionally, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate other persons' claims with your claims and may not preside over any form of representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. (d) Severability: Except for any provision in Section 14(c) of these Terms ("Waiver of Class Action"), if an arbitrator or competent court of jurisdiction determines that any part of these Terms is invalid or unenforceable, the remaining parts of these Terms shall continue to apply.

15. General Conditions: (a) Reservation of Rights: Croonos Lab and its licensors are the exclusive owners of all rights, titles, and interests in the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of Spain. You agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary notices incorporated or accompanying the Site. (b) Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Croonos Lab and you regarding the Site, and these Terms supersede and replace any prior oral or written understandings or agreements between Croonos Lab and you regarding the Site. If any provision of these Terms is found to be invalid or unenforceable by a competent court of jurisdiction, such provision shall be enforced to the maximum extent permitted, and the remaining provisions of these Terms shall remain in full force and effect. Except as provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Croonos Lab. Any attempt by you to assign or transfer these Terms without our consent or your legal right to do so will be null and void. Croonos Lab may freely assign or transfer these Terms without restrictions. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and authorized assigns.
(c) Notices: All notices or other communications provided by Croonos Lab under these Terms will be posted on the Site. (d) Waiver of Rights: The failure of Croonos Lab to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. Waiver of any right or provision shall be effective only if made in writing and signed by a duly authorized representative of Croonos Lab. Unless expressly provided in these Terms, the exercise by either party of any of its remedies under these Terms shall be without prejudice to its other remedies under these Terms or otherwise.

16. Contact Information: If you have any questions about these Terms or the Site, please contact Croonos Lab at [support@croonos.io].

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