1. Parties To This Agreement And Consideration

1.1 The parties to these Terms and Conditions of Use («Agreement») are www.vivamassage.es («Company»), the operator of www.vivamassage.es or any affiliated website or mobile version («Website(s)») and any photos, text, hyperlinks, interlinks, search engines, and other software thereon («Materials»), and You, a mere browser of the Websites («User»). As used in this Agreement, the terms «we» and «us» are used interchangeably to refer to the Company and the Websites; the terms «You» and «Your» are used to refer to You, the User.

1.2 You further represent and warrant that You are not a resident of, nor located in any geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access to or use of the Materials would constitute a violation of any law, regulation, rule, or custom («Prohibited Areas»).

1.3 This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to You by changing the Last Updated date at the top of this Agreement. You may not alter, delete, add, change, or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.

1.4 Any action on Your part to Bookmark to a page on these Websites whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Use Page is bypassed shall constitute an implicit acceptance by You of all the terms and conditions set forth herein.

2. User’s Code Of Conduct

You agree, warrant, and covenant to use the Websites in accordance with all applicable federal, municipal, or local laws and regulations related to business operations, consumer protection, and professional service standards. In relation to Your use of the Websites, whether on the Websites or offline, You will not infringe any third party’s rights nor engage in harassment or any other offensive or disruptive behavior, as determined in our sole discretion. You will not engage, attempt to engage, or assist another in engaging or attempting to engage in any other prohibited use, including, without limitation: (1) permitting other individuals to directly or indirectly use the Materials, except in a manner authorized by us; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices, including copyright and trademark notices, or labels on the Materials; and (6) making any other use of the Materials not specifically authorized by the Company. You must not use the Websites if you seek to engage in any illegal activities, whether on the Websites or offline. We cooperate with law enforcement, pursuant to appropriate process, such as a subpoena, in investigating criminal activity. You agree and acknowledge that, in our sole discretion, we may, but are under no obligation to, prevent access to or terminate Your right to use the Websites if we reasonably suspect that You have violated any provision of this Agreement or engaged in any illegal activity. Please report any violations of this Code of Conduct to us at info@vivamassage.es.

3. Grant Of Limited License With Reservations

3.1 You acknowledge and agree that the Materials are proprietary and constitute valuable copyright, trademark, and other intellectual property owned by the Company or its Advertisers. Except in the Prohibited Areas, we hereby grant you a limited, non-exclusive, non-transferable, revocable license to privately and non-commercially access, view, receive, and otherwise use the Materials, as authorized by us. We do not authorize access to any part of the Websites in any manner contrary to the express provisions of this Agreement. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in Your possession.

3.2 All the affiliated websites, trade names, and logos of the Company, including, but not limited to, those contained in Privacy Policy, are the trade or service marks of the Company. No use of these marks shall be permitted except through the prior written authorization and permission of Company. All rights reserved. The license above does not include a license to use our trade or service marks.

4. Indemnification For Unauthorized Use Of Proprietary Materials

You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of the Materials by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of the Materials from the Websites including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

5. Limitations On Company’s Liability

5.1 You acknowledge and agree that the Company shall not be held responsible in any way for the outcome of any appointment or interaction, whether in person, by telephone, or any other means, with any therapist or staff member in relation to any services booked through the Websites. You further acknowledge and agree that, other than as set forth herein, the Company does not screen Users or therapists, has no control over their actions, and makes no representations or warranties regarding their skills, professionalism, or any other attributes. The Company does not endorse, encourage, or arrange personal meetings beyond scheduled appointments, and You are expected to use common sense and take appropriate precautions to ensure Your own personal safety and privacy when booking and attending a session.

5.2 You agree that Materials and all other services provided to You by Company are provided on an «AS IS» basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by You. Should the Materials or any other service provided by Company prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not Company, assume the entire cost and all damages which may result from any and all such defects. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other Users or Advertisers, or their suppliers, licensees, resellers, or customers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, trojan horses, or other destructive software, or from Your use of the Websites whatsoever. This disclaimer of warranty constitutes an essential part of the Agreement. Some municipalities do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from municipality to municipality or by jurisdiction.

5.3 Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of viewing fee (if any) paid by or on behalf of the User to Company for the preceding month. Some municipalities do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.

5.4 No warranty is made by Company regarding any information, services, or products provided through or in connection with the Websites or the Advertisements, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of the Materials, and any information, products, or services offered in the Advertisements; 2) any warranties of merchantability or fitness for a particular purpose. Some municipalities do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

5.5 Some of the Materials might be accessed by You via hyperlinks which will connect You to third-parties, or to third-party websites. We have no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites and those parties are solely responsible and liable for that content.

6. Notices To Company Or Users

Notices from the Websites to authorized Users may be given by means of electronic messages or by general posting on the Websites. Communications from You to the Company may be made by electronic messages to info@vivamassage.es, unless otherwise specified in the Agreement.

7. Copyright Issues

We respect the intellectual property rights of all parties and voluntarily comply with the Digital Millennium Copyright Act («DMCA»). We do not permit copyright infringing activities or infringement of other intellectual property rights on Vivamassage, and we will remove all user-generated content if properly notified that the user-generated content infringes on a third party’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to Vivamassage, in accordance with our DMCA Policy or Repeat Infringer.

8. General

8.1 This Agreement contains the entire agreement between You and Company regarding use of the Websites, and all Materials directly and indirectly related thereto, including the Advertisements. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be mended upon notice by Company.

8.2 The parties agree that this Agreement shall be governed by and construed in accordance with the laws of Spain as applied to agreements between Spain residents entered into and to be performed within Spain. If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute.

8.3 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

8.4 We may assign any rights or delegate any performance under this Agreement without notice to You. You will not assign, delegate, or sublicense any of Your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

8.5 All rights and remedies provided in this Agreement are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

8.6 This Agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under this Agreement.

8.7 We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

8.8 You agree to be bound by any affirmation, assent, or agreement you transmit through the Websites. You agree that when in the future You click on an «I agree,» «I consent,» or other similarly worded button, check box, or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

8.9 We have written this Agreement and our associated website policies in the English language. You are representing Your understanding and assent to the English language version of this Agreement as it is published. We are not liable to You or any third party for any costs or expenses incurred in translating this Agreement. In the event that You choose to translate this Agreement, You do so at Your own risk, as only the English language version is binding.

8.10 You understand and acknowledge that the software elements of the Websites may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that You will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that You will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

8.11 Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

8.12 No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from this Agreement.

8.13 All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.

8.14. We make no representation that Vivamassage is appropriate or available for use in all locations. You may not access or use Vivamassage from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use Vivamassage from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in this Agreement shall be interpreted as an admission that that we are subject to the laws of any nation besides Spain.

Last Updated: 01/02/2025