Barcelona SAE | Terms & Conditions

These are the Terms and Conditions (“Terms and Conditions”) governing your use of this and other websites (the “Website”), operated by or on behalf of Barcelona Study Abroad Experience (SAE) (“the Company”). Use of the Website is subject to these Terms and Conditions and to all applicable laws, and your use of the Website constitutes your agreement to these Terms and Conditions. If you do not agree to comply with these Terms and Conditions, you are not authorized to use the Website. As used herein, “you” or “your” shall mean the person or entity that accepts these Terms and Conditions, and “we,” “us,” or “our” shall mean the Company.

These Terms and Conditions are subject to change from time to time in our sole discretion, and any changes will be effective immediately upon posting on the Website. You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes. You can determine when these Terms and Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms and Conditions. Your continued use of the Website after such changes will indicate your acceptance of such changes. We are committed to providing quality content to our visitors and encourage you to contact us if you have questions about these Terms and Conditions using the following:

Data Protection Representative
DPR Group at ge@dpr.eu.com

THE COMPANY

This document will refer varyingly to “the company” to represent the company that an individual data subject is interacting with. The company always refers to Barcelona SAE.

Barcelona SAE is committed to cooperate with the EU General Data Protection Regulation, and the European data protection authorities.

REGISTRATION

You may use the Website without registration, but in order to take advantage of or gain access to some aspects of the Website, you may need to register for an account or otherwise use a password. Any such account or means of access is solely for your personal use, you may not authorize others to use your account or password, and you may not assign or otherwise transfer your account or password to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. By establishing an account with us, purchasing any goods or services through this Website, submitting any information to us, or otherwise using this Website, you are representing and warranting that you are at least 18 years of age (or that you are at least 13 years of age and have your parents’ permission to establish an account, make a purchase, submit information or otherwise use the Website, as applicable).

USER CONTENT

The Company may permit you and other users to upload, share, post, and/or view content in connection with features available on the Website (“User Content”). You hereby grant the Company a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any User Content posted or transmitted by you to or through any service on the Website. Furthermore, you expressly agree that the Company shall own exclusive rights (including all intellectual property and other proprietary rights) to, and shall be free to use and disseminate, without restriction, any ideas, concepts, know-how, techniques, or advice contained in any User Content or communication you send to us, without compensation or attribution and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information. The Company is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms and Conditions. The Company may include, edit or remove any User Content at any time without notice in our sole discretion. By posting or uploading User Content to this Website, you represent and warrant to us that you have all necessary rights to distribute User Content through this Website, and that doing so will not violate the rights of any third party.

LINKS TO THIRD PARTY SITES

The Company may provide links or references to third party websites that are not owned or controlled by us. We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any third party websites. As an example, if you purchase any product or service available through the Website, you may be transferred to a website operated by a third party processor and be required to provide financial and other personal information to that third party processor. Any collection, processing, or use of information by such a third party is subject to that third party’s terms of use and privacy policy, and we will not be responsible for their actions. By using this Website, you expressly release the Company, and its officers, directors, employees, affiliates, licensors, business partners and agents, from any and all liability arising from your use of any third party website. If you leave this Website, you should review the terms and conditions, privacy policies, and other governing documents of each other website you visit.

PRIVACY POLICY

Your use of the Website is also subject to the privacy policy posted on the Website at www.barcelonasae.com/privacy-policy. The Privacy Policy is incorporated herein by reference.

ACCEPTABLE USE POLICY

You are solely responsible for the User Content that you post on the Website or transmit to other users (including via email) and agree that the Company is not responsible or liable for any User Content from other users that you access on the Website. You may not upload or post any User Content to the Website unless you have the right to do so. You may not (and you agree not to) post any content or otherwise use this Website in any manner that: (i) is defamatory, abusive, obscene, profane or offensive (as determined by the Company in its sole discretion); (ii) infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have authority from the owner of such materials to post on the Website); (iii) violates any party’s right of publicity or right of privacy (such as a photo of another person without their permission); (iv) is threatening or harassing (as determined by the Company in its sole discretion); or (v) is illegal or violates any applicable law, rule, regulation, agreement or obligation. If the Company determines, in its sole discretion, that you have violated any of the provisions of these Terms and Conditions, the Company shall have the immediate right to terminate your access to this Website and any account or permissions associated with your use of the Website.

If you notice any violation of this AUP or other unacceptable behavior by any user, you should report such activity to the Data Privacy Representative at ge@dpr.eu.com.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Materials may be made available via the Website by third parties not within our control. the Company is under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content. However, the Company respects the copyright interests of others. It is the Company’s policy not to permit materials known by the Company to infringe another party’s copyright to remain on the Website.

If you believe any material on the Website infringes a copyright, you should provide the Company with written notice that at a minimum contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed

Notices and counter-notices must be sent in writing to the Company’s Data Privacy Representative as follows:

Data Protection Representative
DPR Group
ge@dpr.eu.com

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

It is the Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

PROPRIETARY RIGHTS

The Company or its licensors are the sole and exclusive owners, or authorized licensees, of all copy, software, graphics, designs, resources, and all copyrights, trademarks and other intellectual property or proprietary rights contained on, available through, or used in connection with the Website. Some rights belong to third parties, and we reserve the right to assist such parties in enforcing and preserving their rights to their intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials shown on or available through the Website without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not expressly granted under these Terms and Conditions are reserved by the Company and its licensors.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Company endeavors to keep all of its information resources accurate and up to date, but makes no warranties or representations regarding the accuracy or completeness of such content. All users agree that all access and use of the Website and externally-linked pages are at the user’s own risk. FOR THE AVOIDANCE OF DOUBT, THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, LICENSORS, BUSINESS PARTNERS OR AGENTS (COLLECTIVELY, THE “DISCLAIMING PARTIES”), MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DISCLAIMING PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE DISCLAIMING PARTIES WARRANTS THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE DISCLAIMING PARTIES SHALL BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.

NEITHER THE DISCLAIMING PARTIES NOR ANY OTHER PARTY INVOLVED IN THE CREATION OR DELIVERY OF THE WEBSITE SHALL BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR OTHER LOST OPPORTUNITIES (EACH OF WHICH IS HEREBY EXCLUDED), OR THOSE THAT MAY RESULT FROM (I) THE INACCURACY, INCOMPLETENESS OR CONTENT OF, OR SERVICES AVAILABLE THROUGH, THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, (III) ANY UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY DATA STORED THEREIN, OR (IV) ANY VIRUSES, MALWARE OR THE LIKE TRANSMITTED FROM THE WEBSITE OR ANY THIRD PARTY SITE, REGARDLESS OF WHETHER THE DISCLAIMING PARTIES OR ANY SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO YOUR ACCESS, USE, OR INABILITY TO USE THE WEBSITE, OR ANY INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ITS CONTENT). YOU SPECIFICALLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE ARISING OUT OF YOUR USE AND/OR ACCESS OF THE WEBSITE. YOU AGREE THAT IN NO EVENT SHALL THE DISCLAIMING PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID THE COMPANY FOR USE OF THE WEBSITE OR FOR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Any Company product or service for which a separate fee is charged carries with it only the representations and warranties specifically stated as attributable to that product or service, and, except as may be otherwise stated in writing on the Website, the purchase of any such product or service is non-refundable.

INDEMNITY

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, affiliates, licensors, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) any breach by you of any of these Terms and Conditions; (ii) your User Content; (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by the Company); or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

GOVERNING LAW

The laws of the State of Massachusetts, U.S.A., excluding Massachusetts’s conflict of laws rules, shall govern these Terms and Conditions, regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue in the federal and state courts located in Massachusetts U.S.A., for all matters or disputes arising out of or relating to these Terms and Conditions or your access or use of the Website.

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR OF THE DATE SUCH CAUSE OF ACTION FIRST AROSE, OR SUCH CAUSE OF ACTION IS FOREVER WAIVED BY YOU. EACH CAUSE OF ACTION SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.

SEVERABILITY WAIVER

If any term or provision of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be ineffective but shall not affect any other terms or provisions of these Terms and Conditions, and these Terms and Conditions will be deemed amended to the extent necessary to make these Terms and Conditions enforceable, valid and, to the extent permitted by law, consistent with the original intentions of the parties (and the remaining terms and provisions will remain in full force and effect).

The failure of the Company to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions shall not prevent a subsequent exercise of such right by the Company or be deemed a waiver by the Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. the Company’s rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit the Company’s right to exercise any other right or remedy.