Read these terms carefully before using or accessing the “CEMEXVentures.com” web site, or any materials contained in or linked to the web site. If you do not agree to these terms and conditions, you may not access or otherwise use this site or any part of this site. Your clicking on the button marked “I accept,” your continued use of the site, and/or your causing the use of this site through electronic or other means indicates your acknowledgement that you have read and accepted these terms and conditions. CEMEX Ventures reserves the right to update or revise these terms and conditions without notice to you; please check these terms and conditions periodically to review any changes. Your continued use of this site following the posting of any changes to these terms and conditions constitutes acceptance of those changes.
Welcome to the CEMEX Ventures Web site at http://www.cemexventures.com (the “CEMEX Ventures Site”) These Terms and Conditions of Use govern your use and access to the CEMEX Ventures Site, and constitute a binding contract (“Agreement”) by and between CEMEX Ventures España S L, with its principal place of business at C/ Hernandez de Tejada 1, Build 5B, 2nd floor, 28027, Madrid (SPAIN) and you. Please read this Agreement carefully. By clicking on the I ACCEPT button below, by using this site and/or by causing the use of this site through electronic or other means, you signify that you accept this Agreement and that you:
You agree to abide by all applicable local, state, national and international laws, regulations, ordinances, by-laws and rules and are solely responsible for all acts or omissions that occur as a result of your use of or access to the CEMEX Ventures Site, including, without limitation, the content of your transmissions through or to the CEMEX Ventures Site. By way of example, and not as a limitation, you agree not to:
You acknowledge that content, including but not limited to text, data, software, music, sound, photographs, video, graphics or other material accessible to you by virtue of your use of the CEMEX Ventures Site is protected by copyrights, trademarks, service marks, patents, trade secrets, data rights, publicity or privacy rights or other intellectual property rights and laws. Unless you are expressly authorized to do so, you shall not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way content available through the CEMEX Ventures Site. You acknowledge that any information provided by or through CEMEX Ventures is for informational purposes only and is not intended to constitute professional advice.
By posting or submitting content to the CEMEX Ventures Site you automatically grant to CEMEX Ventures the right to use, reproduce, display, perform, adapt, modify, distribute or promote the content in any form for any purpose. You further represent and warrant that you own or otherwise control all necessary rights to the content and that public posting and use of the content by CEMEX Ventures will not infringe or violate the rights of any third party. You acknowledge and agree that you are responsible for all content posted or submitted by you.
All trademarks, service marks and/or trade names that appear on the CEMEX Ventures Site that are not CEMEX Ventures marks are the trademarks of their owners. References to any names, marks, products or services of third parties do not constitute or imply endorsement, sponsorship or recommendation of the third party or the products or services.
CEMEX Ventures may, without notice, suspend, disconnect, deny or restrict your access to the CEMEX Ventures Site: (a) during any technical failure of, or modification or maintenance to, the CEMEX Ventures Site; (b) if you use the CEMEX Ventures Site in breach of this Agreement; or (c) if you do or fail to do anything which in CEMEX Ventures’ opinion may have the effect of jeopardizing the operation or integrity of the CEMEX Ventures Site.
You hereby agree to indemnify, defend and hold CEMEX Ventures and all of its subsidiaries, affiliates, officers, directors, owners, agents, employees, information providers, partners, licensors and licensees (collectively “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties or covenants, including without limitation, attorneys fees and costs. You shall cooperate fully as reasonably required in the defense of any claim. CEMEX Ventures reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without written consent of CEMEX Ventures.
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of Spain, notwithstanding its choice of law rules. The Parties agree that any legal action or proceeding relating to this Agreement shall be filed in and heard by, and venue shall be proper in, the courts of Spain, and the Parties voluntarily submit to the jurisdiction of those courts for such purposes.
If a provision of this Agreement or a right or remedy under it is invalid or unenforceable in a particular jurisdiction: (a) it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and (b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right. Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver. A waiver is only effective in the specific instance and for the specific purpose for which it is given.
The rights and remedies of a party under this Agreement do not exclude any other right or remedy provided by law.
This Agreement is the entire agreement between you and CEMEX Ventures with respect to the subject matter hereof. Any understanding, arrangement, representation or provision not expressly set out herein is not binding. All correspondence, negotiations and other communications in relation to its subject matter that precede this Agreement are suspended by it and merged into it.