Terms & Conditions
1. Your Acceptance
i) By using and/or visiting this website (collectively, including all content and functionality available through the Cusquena.co.uk domain name, the “Cusquena Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Cusquena’s privacy notice, found at < privacy link > and also incorporated here by reference. If you do not agree to any of these terms, the Cusquena privacy notice please does not use the Cusquena.co.uk Website.
ii) You should periodically review the most up-to-date version
2. Cusquena Website
i) These Terms of Service apply to all users of the Cusquena Website, including users who are also contributors of content, information, and other materials or services on the Website.
ii) The Cusquena.co.uk Website contains links to third party websites that are not owned or controlled by Cusquena. Cusquena has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Cusquena will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Cusquena from any and all liability arising from your use of any third-party website.
3. Cusquena.co.uk Accounts
i) In order to access some features of the Website, you will have to create a Cusquena account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Cusquena immediately of any breach of security or unauthorized use of your account.
ii) Although Cusquena will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cusquena or others due to such unauthorized use.
4. General Use of the Website — Permissions and Restrictions
Cusquena hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
i) You agree not to use the Website for any commercial use, without the prior written authorization of Cusquena.
ii) You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
iii) In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
iv) Cusquena reserves the right to discontinue any aspect of the Cusquena Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Cusquena Website.
i) The content on the Cusquena Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Cusquena, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Cusquena reserves all rights not expressly granted in and to the Website and the Content.
ii) You may access User Submissions solely 1) for your information and personal use.
iii) User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Cusquena Service. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Cusquena Service or otherwise as prohibited under this Agreement.
iv) You may access Cusquena Content, User Submissions and other content only as permitted under this Agreement. Cusquena reserves all rights not expressly granted in and to the Cusquena Content and the Cusquena Service.
v) You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
vi) You agree not to circumvent, disable or otherwise interfere with security-related features of the Cusquena Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Cusquena Website or the Content therein.
vii) You understand that when using the Cusquena Website, you will be exposed to User Submissions from a variety of sources, and that Cusquena is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cusquena with respect thereto, and agree to indemnify and hold Cusquena, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
i) As a Cusquena account holder you may submit content (such as “User Comments”). User Content and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Cusquena does not guarantee any confidentiality with respect to any User Submissions.
ii) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Cusquena to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
iii) For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Cusquena, you hereby grant Cusquena a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Cusquena Website and Cusquena’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Cusquena Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Cusquena Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Cusquena Service. You understand and agree, however, that Cusquena may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
iv) In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cusquena all of the license rights granted herein.
v) You further agree that you will not, in connection with User Submissions, submit material that is pornographic, racist, or contrary to applicable local, national, and international laws and regulations.
vi) Cusquena does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cusquena expressly disclaims any and all liability in connection with User Submissions. Cusquena does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Cusquena will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Cusquena reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
i) Cusquena will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
ii) Cusquena reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Cusquena may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Warranty Disclaimer
You agree that your use of the Cusquena website shall be at your sole risk. To the fullest extent permitted by law, Cusquena, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Cusquena makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Cusquena website. Cusquena does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Cusquena website or any hyperlinked website or featured in any banner or other advertising, and Cusquena will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
9. Limitation of Liability
In no event shall Cusquena, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Cusquena website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Cusquena shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by Cusquena from its facilities in the United Kingdom. Cusquena makes no representations that the Cusquena Website is appropriate or available for use in other locations. Those who access or use the Cusquena Website from other areas do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Cusquena, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Cusquena Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Cusquena Website.
11. Ability to Accept Terms of Service
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Cusquena Website is not intended for people under 18. If you are under the legal drinking age in your country, then please do not use the Cusquena Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cusquena without restriction.
You agree that: (i) the Cusquena Website shall be deemed solely based in the United Kingdom; and (ii) the Cusquena Website shall be deemed a passive website that does not give rise to personal jurisdiction over Cusquena, either specific or general, in jurisdictions other than UK law. These Terms of Service shall be governed by the internal substantive laws of the UK, without respect to its conflict of laws principles. Any claim or dispute between you and Cusquena that arises in whole or in part from the Cusquena Website shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom. These Terms of Service, together with the Privacy Notice at < privacy link> and any other legal notices published by Cusquena on the Website, shall constitute the entire agreement between you and Cusquena concerning the Cusquena Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Cusquena’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Cusquena reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Cusquena Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CUSQUENA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CUSQUENA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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