Terms of Service
These Terms of Service (“Terms”) govern your access to and use of our services, including our website, email notifications, newsletters, ads, services provided through other platforms (collectively, the “Services”). Our Services are diverse, so sometimes additional terms or requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
By using the Services, you agree to be bound by these Terms. Please read them carefully.
1. Using Our Services
The Services are provided jointly by
ICEX España Exportación e Inversiones, E.P.E. (“ICEX”), a public business entity and independent body of the Spanish Government to the Ministry of Industry, Commerce and Tourism, created and regulated by the Royal Decree-Law 4/2011, of April 8, and headquartered in Paseo de la Castellana 278, 28046 Madrid, Spain and with the Spanish Taxpayer Identification Number (CIF) Q2891001F,
Red.es (“RED”), a public business entity attached to attached to the Ministry of Economic Affairs and Digital Transformation, headquartered in Plaza Manuel Gómez Moreno s/n, Edificio Bronce, 28020 Madrid, Spain and with the Spanish Taxpayer Identification Number (NIF) Q- 2891006-E, constituted by virtue of the Sixth Additional Provision of the Law 11/1998, of April 24, General of Telecommunications, in the wording given by Article 55 of the Law 14/2000, of December 29, on Fiscal , Administrative and Social Order Measures, expressly declared in force by the Single Repeal Provision of the Law 32/2003, of November 3, General Telecommunications,
based on the initiative with the brand name of “Desafía San Francisco” created by the framework agreement of collaboration between ICEX and RED of May 10, 2017 (conjointly, “Desafía”).
If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
You are responsible for your use of the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally.
The Services are protected by copyright, trademark, and other laws of both Spain and foreign countries. Nothing in the Terms gives you a right to use the Desafía name or any of the Desafía trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services are and will remain the exclusive property of Desafía. Any feedback, comments, or suggestions you may provide regarding Desafía, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may end your legal agreement with Desafía at any time by discontinuing your use of the Services.
4. Disclaimers and Limitations of Liability
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Desafía Entities” refers to Desafía, sponsors, service providers, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE DESAFÍA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Desafía Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Desafía Entities or through the Services, will create any warranty or representation not expressly made herein.
THE DESAFÍA ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE DESAFÍA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at http://desafia.us/tos, will govern our relationship with you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Desafía’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Desafía. These Terms are governed by and will be interpreted in accordance with the laws of Spain, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms will be brought in the courts with jurisdiction over Spain. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms and waive any objections and defenses inconsistent with such venue.
If you have any questions about these Terms, please contact Desafía at:
Desafía San Francisco
44 Tehama Street
San Francisco, CA 94105, USA
Email: info [@] desafia [dot] us
Effective: Jan 18, 2021