Terms and Conditions of Use
Last update: 12 September 2019
Welcome and thank you for your interest in DaveKustomShots.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
By using, downloading information, clicking any submission button, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them. If you do not agree with these Terms and Conditions of Use, in whole or in part, please do not continue to use this Website.
Changes to these terms and conditions of use
David Lafuente Gómez, doing business as Night by DaveKustomShots (hereinafter «DaveKustomShots», «I», «me» or «my») operates the http://davekustomshots.com Website and may modify these Terms and Conditions of Use at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.
Copyright and Restrictions on Use
The contents of this Website, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (hereinafter «Materials»), as well as its organization and design are the property of DaveKustomShots and are protected by worldwide copyright laws and treaty provisions. These Materials are owned or controlled by DaveKustomShots or by third parties that have licensed their Materials to DaveKustomShots. You may access, print, and make personal use of this Website for the sole purpose of facilitating your personal, non-commercial use and retention of information from this Website. You may not copy, distribute, republish, modify, display, publicly perform or use the Materials in any manner, without my prior written consent. You may not use spiders and other search robots on this Website.
Intellectual Property Notice
Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of DaveKustomShots or any other party.
The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (hereinafter «Materials») provided by DaveKustomShots are protected by intellectual property and other laws and are the property of DaveKustomShots or by third parties that have given their Materials to DaveKustomShots. Except as expressly allowed by these Terms and Conditions of Use, you may not make use of the Materials, and DaveKustomShots reserves all rights to the Materials and Services not granted expressly in these Terms and Conditions of Use.
You may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout this Website without the prior written consent of the owner of the trademark, trade name, service mark and logo.
Compliance with Law
DaveKustomShots control and operate this Website from Mataró, Barcelona (Spain). DaveKustomShots makes no representation that the Materials are appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Website.
Other Businesses and Links
DaveKustomShots may contain links to third-party Websites that are maintained by others or DaveKustomShots can be linked to websites not under the control of DaveKustomShots. These links are provided solely as a convenience to you and not as an endorsement by DaveKustomShots of the contents of such third-party websites. DaveKustomShots is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. Accordingly, I do not assume any responsibility or liability for the actions, products, or content of these websites. If you decide to access any of the third party Websites linked to DaveKustomShots, you do so entirely at your own risk.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN «AS IS», «WITH ALL FAULTS» AND «AS AVAILABLE» BASIS. DAVEKUSTOMSHOTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DAVEKUSTOMSHOTS DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES, ERRORS, OR OTHER HARMFUL CONTENT, OR WILL OTHERWISE MEET YOUR NEEDS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DAVEKUSTOMSHOTS IS NOT RESPONSIBLE FOR THOSE COSTS.
Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems. I have taken reasonable steps so that these problems will not materially affect, but I do not guarantee that this Website is immune to such issues. It is your responsibility to protect yourself. Steps you may consider taking to mitigate the vulnerability of your computer system to issues such as these include using firewalls, password protection, and anti-virus programs.
Limitation on Liability
The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular sale, DaveKustomShots makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using this Website and the Material. Any use of this Website and the Material is at your own risk. Advice received via this Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Changes are periodically made to this Website and may be made at any time. Some Material on this Website is provided by third parties and DaveKustomShots shall not be held responsible for any such Material provided by third parties.
IN NO EVENT SHALL DAVEKUSTOMSHOTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE OR DATA) RELATED TO OR THAT ARISE FROM
- (A) YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS.
- (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEBSITE.
- (C) ANY GOODS OR SERVICES ADVERTISED OR LINKED TO THIS WEBSITE, EVEN IF DAVEKUSTOMSHOTS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.
Governing Law, Venue and Dispute Resolution
These Terms and Conditions of Use shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of Spain, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms and Conditions of Use and your use of this Website and the Materials shall be settled by final and binding arbitration. Such arbitration shall be held in Mataró, Barcelona (Spain) before one arbitrator selected by mutual agreement of the parties or, absent such agreement. The arbitrator may not award any punitive damages. Any award of the arbitrator may be enforced in any court of competent jurisdiction. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, DAVEKUSTOMSHOTS MAY SEEK INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE IN THE COURTS LOCATED IN MATARO, BARCELONA (SPAIN) AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.