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Terms and Conditions

Spanglish.ie is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with other members. The services offered by Kokepeli Ltd (“Kokepeli ltd” “Spanglish.ie” or “we”) include the Spanglish.ie website (the “Spanglish Website”), the Spanglish.ie Internet messaging service, and any other features, content, or applications offered from time to time by Kokepeli ltd in connection with the Spanglish Website. The Spanglish Services are hosted in Ireland. Spanglish.ie is operated by Kokepeli Ltd, Dublin, Ireland.

By using the Spanglish service you accept and agree to be bound by the following terms and conditions (the ‘Terms of Service’). Everyone who registers on Spanglish.ie becomes a ‘Member’, but there are two types of membership. Members who decide to pay a fee for our full service become ‘Premium Members’ and those who don’t become ‘Ordinary Members or Free Members’ who avail of our Free service.

If you wish to become a Member, communicate with other Members and make use of the Spanglish Services, you must read this Agreement and indicate your acceptance during the Registration process. Where applicable under law, these Terms constitute a ‘writing signed by you.’

This Agreement includes Spanglish.ie’s policy for acceptable use of the Spanglish Services and Content posted on the Spanglish Website, your rights, obligations and restrictions regarding your use of the Spanglish Services and Spanglish.ie’s Privacy Policy.

Changes to Spanglish.ie and the Terms of Service

Spanglish.ie may modify this Agreement from time to time and such modification shall be effective upon posting by Spanglish.ie on the Spanglish Website. You agree to be bound to any changes to this Agreement when you use the Spanglish Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Spanglish.ie and that you provide to other Users. Your Spanglish.ie profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights lay, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. Despite this prohibition, information provided by other Spanglish.ie Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Spanglish.ie assumes no responsibility or liability for this material. If you become aware of misuse of the Spanglish Services by any person, please contact info@spanglish.ie.

Spanglish.ie reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Spanglish Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Membership in the Spanglish Services is void where prohibited. By using the Spanglish Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Spanglish Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. (e) That you have the capacity to understand, agree to and comply with these terms and conditions.
  2. Term. This Agreement shall remain in full force and effect while you use the Spanglish Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Spanglish.ie may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect in perpetuity in so far as it is applicable to sections 5-17 hereafter.
  3. Fees. You acknowledge that Spanglish.ie reserves the right to charge for the Spanglish Services and to change its fees from time to time in its absolute discretion. If Spanglish.ie terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Spanglish.ie immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Non-commercial Use by Members. The Spanglish Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed in writing or approved by Spanglish.ie. Illegal and/or unauthorised use of the Spanglish Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Spanglish Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the Spanglish Services.
  6. Offline Meetings It is your decision if and when you meet other members offline. Any offline meeting between the users of Spanglish.ie, including member organised events or Spanglish.ie organised events is purely the responsibility of each such user.
  7. Proprietary Rights in Content on Spanglish.ie. Spanglish.ie ( Kokepeli ltd ) does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Spanglish Services. After posting your Content to the Spanglish Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying, submitting or publishing (“posting”) any Content on or through the Spanglish Services, you hereby grant to Spanglish.ie a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform or display such materials. Our use of your personal information is governed by our Privacy Policy and we will never disclose your personally-identifiable information for marketing purposes to any third party unless you expressly tell us to.
    1. You represent and warrant that: (i) you own the Content posted by you on or through the Spanglish Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Spanglish Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Spanglish Services.
    2. The Spanglish Services contain Content of Spanglish.ie (“Spanglish.ie Content”). Spanglish.ie Content is protected by copyright, trademark, patent, trade secret and other laws, and Spanglish.ie owns and retains all rights in the Spanglish.ie Content and the Spanglish Services. Spanglish.ie hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Spanglish.ie Content (excluding any software code) solely for your personal use in connection with viewing the Spanglish Website and using the Spanglish Services.
    3. The Spanglish Services contain Content of Users and other Spanglish.ie licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Spanglish Services.
  8. Content Posted.
    1. Spanglish.ie (Kokepeli ltd) may delete any Content that in the sole judgment of Spanglish.ie (Kokepeli ltd) violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Spanglish.ie (Kokepeli ltd) assumes no responsibility for monitoring the Spanglish Services for inappropriate Content or conduct. If at any time Spanglish.ie (Kokepeli ltd) chooses, in its sole discretion, to monitor the Spanglish Services, Spanglish.ie (Kokepeli ltd) nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the Spanglish Services, and any material or information that you transmit to other Members and for your interactions with other Users. Spanglish.ie does not endorse and has no control over the Content. Content is not necessarily reviewed by Spanglish.ie prior to posting and does not necessarily reflect the opinions or policies of Spanglish.ie. Spanglish.ie makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  9. Content/Activity Prohibited. The following is a partial but not exhaustive list of the kind of Content that is illegal or prohibited to post on or through the Spanglish Services. Spanglish.ie reserves the right to investigate and take appropriate legal action against anyone who, in Spanglish’s opinion, violates this provision, including without limitation, removing the offending communication from the Spanglish Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the opinion of Spanglish.ie, in its absolute discretion:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    14. includes a photograph of another person that you have posted without that person’s consent; or
    15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
    16. create a false or misleading identify of, including, but not limited to, a Spanglish employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
    17. Attempt to gain unauthorised access to the Spanglish Service, other accounts, computer systems or networks connected to the Spanglish service, through password minding or any other means.
    18. following is a non-exhaustive list of the kind of activity that is illegal or prohibited on the Spanglish Website and through your use of the Spanglish Services. Spanglish.ie reserves the right to investigate and take appropriate legal action against anyone who, in Spanglish.ie’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    19. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    20. advertising to, or solicitation of, any Member to buy or sell any products or services through the Spanglish Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Spanglish Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Spanglish.ie reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Spanglish.ie deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Spanglish Services, you acknowledge that you will have caused substantial harm to Spanglish.ie, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Spanglish.ie 50euro for each such unsolicited email or other unsolicited communication you send through the Spanglish Services;
    21. covering or obscuring the banner advertisements on your personal profile page, or any Spanglish.ie page via HTML/CSS or any other means;
    22. any automated use of the system, such as using scripts to add friends or send comments or messages;
    23. interfering with, disrupting, or creating an undue burden on the Spanglish Services or the networks or services connected to the Spanglish Services;
    24. attempting to impersonate another Member or person;
    25. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    26. selling or otherwise transferring your profile;
    27. using any information obtained from the Spanglish Services in order to harass, abuse, or harm another person;
    28. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Spanglish Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose; or
    29. using the Spanglish Services in a manner inconsistent with any and all applicable laws and regulations.
  10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Spanglish.ie to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Spanglish.ie by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Spanglish Services in a way that constitutes copyright infringement, please provide Spanglish with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Spanglish Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
  11. Member Disputes. You are solely responsible for your interactions with other Spanglish.ie Members. Spanglish.ie reserves the right, but has no obligation, to monitor disputes between you and other Members.
  12. Privacy. Use of the Spanglish Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  13. Disclaimers. Spanglish.ie is not responsible for any incorrect or inaccurate Content posted on the Spanglish Website or in connection with the Spanglish Services, whether caused by Users of the Spanglish Services or by any of the equipment or programming associated with or utilised in the Spanglish Services. Profiles created and posted by Members on the Spanglish Website may contain links to other websites. Spanglish.ie is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Spanglish.ie. Inclusion of any linked website on the Spanglish Services does not imply approval or endorsement of the linked website by Spanglish.ie. When you access these third-party sites, you do so at your own risk. Spanglish.ie takes no responsibility for third party advertisements which are posted on this Spanglish Website or through the Spanglish Services, nor does it take any responsibility for the goods or services provided by its advertisers. Spanglish.ie is not responsible for the conduct, whether online or offline, of any User of the Spanglish Services. Spanglish.ie assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or Member communication. Spanglish.ie is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Spanglish Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Spanglish Services. Under no circumstances shall Spanglish.ie be responsible for any loss or damage, including personal injury or death, resulting from use of the Spanglish Services, attendance at a Spanglish.ie event, from any Content posted on or through the Spanglish Services, or from the conduct of any Users of the Spanglish Services, whether online or offline. The Spanglish Services are provided “AS-IS” and as available and Spanglish.ie expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Spanglish.ie cannot guarantee and does not promise any specific results from use of the Spanglish Services.
  14. Limitation on Liability YOUR USE OF THE SPANGLISH SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL SPANGLISH, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SPANGLISH SERVICE, WHETHER OR NOT SPANGLISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SPANGLISH SERVICE, FROM INABILITY TO USE THE SPANGLISH SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SPANGLISH SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SPANGLISH SERVICE OR ANY PART OF THE SPANGLISH SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SPANGLISH SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL SPANGLISH BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND EUROS.
  15. Disputes. If there is any dispute about or involving the Spanglish Services, you agree that the dispute shall be governed by the Irish law and to the exclusive jurisdiction of the Courts of Ireland.
  16. Indemnity. You agree to indemnify and hold Spanglish.ie, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Spanglish Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Spanglish Website or through the Spanglish Services causes Spanglish.ie to be liable to another.
  17. Miscellaneous. This Agreement is accepted upon your use of the Spanglish Website or any of the Spanglish Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Spanglish.ie regarding the use of the Spanglish Services. The failure of Spanglish.ie to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Spanglish.ie is a trademark of Spanglish. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: info@spanglish.ie with any questions regarding this Agreement.