1. Introduction
1.1 The present agreement regulates the access to and use of the website that Yuilop, S.L, (hereinafter “yuilop”) makes available to Internet users through the domain and associated domains yuilop.com (hereinafter the “Website”).
1.2 The access to the website is subject to the prior reading and acceptance by the user of the terms, conditions, communications, warnings and other legal notices contained in these clauses. If the user does not agree with the content of these Terms the user must leave this site and may not access or use the website.
1.3 These Terms do not exclude the possibility that certain services or utilities offered through the website may be subject to special conditions of use, which in any case, may be consulted by the user prior to activation.
1.4 The User declares to be of legal age and have the legal capacity to be bound by these Terms and Conditions. He also accepts explicitly and without exception that access and use of this website, its services and the content of these services are under their sole responsibility.
1.5 The access to the website is free and open and it does not require prior subscription or registration. However, some services and contents offered by yuilop or by third parties may be subject to prior contracting of the service or product in the manner set forth in the corresponding general or particular conditions, which will be made clearly available to the user.
1.6 Links to other web sites that may exist and their usage are subject to these Terms as well as any specific conditions that such websites require. Any use other than authorized is expressly prohibited.
1.7 yuilop may unilaterally modify the website at any time , as well as the conditions of service and its content, and it may eliminate, limit or suspend temporarily or permanently and prevent access to it, informing the user of the change, as long as circumstances permit, through the publication on the website.
2. Identity of the owner of web site
yuilop SL with C.I.F. B-65377665, with registered office in C/ Paris, No. 207, 3rd floor, 08008 Barcelona (SPAIN), registered in the Barcelona Mercantile Registry in volume 42038, Folio 0115, General Section, page 400079, entry 1. Phone 93 676 13 78, email contact: contact@yuilop.com. yuilop has been registered or is in the process to be registered before the telecommunication regulators in the countries yuilop offers the its service. yuilop is a registered trademark of Yuilop. S.L.
3. Rights and obligations of the provider of services
3.1 As service provider, yuilop is obliged to provide the services offered on this website, to effectively guarantee the privacy of communications that may exist with the user and to respond to claims that may be submitted.
3.2 In case of maintenance, repair or improvement of the web site, yuilop has the right to suspend without notice the access to this website and to reserve the right to cancel the website. Notwithstanding yuilop will inform the user if circumstances permit so.
3.3 The use of the web and/or data and/or information supplied via this website is at the users expense and risk.
3.4 yuilop does not guarantee, directly or indirectly, the information or services offered, except those warranties that under the applicable laws must be granted or otherwise as explicitly described in an specific agreement between yuilop and the user.
3.5 yuilop does not guarantee the veracity, reliability, accuracy, timeliness or suitability of the information and content provided. by third parties.
4. Rights and obligations of the user
4.1 At all times, the user must make proper use of the services of this website in accordance with the applicable law and respecting the intellectual property rights of third parties and of yuilop in accordance with the provisions of clause 6.
At this regard, the user ensures that the activities carried out through this website will be subject to law, moral, public order, morality and in no way they will be harmful to the reputation and commercial image of yuilop or any other company, website, user or third party.
4.2 The user will not use the services offered by yuilop in any action that: causes any damage or alteration of the content, hinders the smooth running of the website, causes technical problems whatsoever, transfers elements susceptible to computer viruses or damage, interferes or intercepts all or part of this website and the user will not to interfere with or alter the electronic mail of other users.
4.3 The user is the exclusive responsible party to the veracity of the data introduced, so in case of having provided false or inaccurate data, yuilop reserves its right to forbid access to the website. If as a result of registration, the user is given a password, the user undertakes to make diligent use and keep the password secret. Consequently, users are responsible for the custody and confidentiality of any identification and / or passwords supplied by yuilop, and undertake not to disclose to a third party, either temporarily or permanently, or to allow access to outsiders. The user will be responsible of the misuse of the services by any illegitimate third party that had used a password due to careless use or loss of it by the user.
4.4 Accordingly, the user has to notify immediately yuilop about any facts concerning the improper use of identifiers and/or passwords, such as theft, loss or unauthorized access to, in order to proceed immediate cancellation. If such facts are not communicated, Yuilop will be relieved from any liability that may arise from improper use of IDs or passwords by unauthorized third parties.
5. Exclusion of warranties and liability for the operation of the site and its services
5.1 yuilop does not guarantee the availability and continued operation of the website and the services that may be provided on the website. yuilop specifically excludes all liability for damages of any kind that may result from the lack of availability or continuity of the website and the services and usability that users may have attributed to this website.
In any case, yuilop will make its best efforts to maintain the availability of this website.
5.2 yuilop offers privacy systems to prevent access to personal data by third parties. yuilop has implemented all appropriate technical and organizational security measures to ensure the integrity, confidentiality and availability of personal data of the user.
5.3 Although Yuilop has implemented all appropriate measures to ensure the security, yuilop neither controls nor guarantees the absence of viruses or other elements in the contents of this website that may cause changes in the user’s computer systems (software and hardware) or in electronic documents and files stored on it.
yuilop disclaims all liability for damages of any kind that may be due to the presence of virus in the contents that may alter the computer system, electronic documents, files, etc.
5.4 yuilop has no obligation and does not control the use made by users of the website, services and content. In particular, yuilop does not guarantee that users use this website, its services and content in accordance with these Conditions and, where appropriate, the particular conditions which may apply, nor do so in a diligent and prudent way.
yuilop has no obligation to verify, and does not verify the identity of users of the website or the accuracy, timeliness, completeness and/or authenticity of the data that they provide about themselves to other users.
5.5The user accepts that the website has been created and developed in good faith by yuilop with information from internal and external sources and is offered, “as is” in its current state to the users.
6. Intellectual property
6.1 All rights of the content of the website belong to Yuilop, except those of companies with which yuilop had signed a contract for the provision of content. Contents are protected by national and international intellectual property.
6.2 The design, images, maps, graphics, trademarks, signs and logos of yuilop, frames, banners, software and any codes, source and object, and so on, of the website are owned by yuilop, who legitimately has the exclusive rights to exploit them.
6.3 The logos or distinctive signs of other companies that may appear on this website are owned by each of those companies. Yuilop has the legitimate rights to exploit them, and they have expressly consent to be incorporated in the website.
6.4 The user accessing this website may not copy, modify, distribute, transmit, reproduce, publish, transfer or sell the above items or create new products or services derived from the information obtained.
6.5 Only viewing and downloading for personal and non-commercial use is authorized and this authorization is not extended to third parties or entities.
6.6 However, yuilop may license some or all of the contents of the web site to users for free use or with certain restrictions. In any case, yuilop will notify users about the scope of this license and shall only be valid from the date posted on yuilop website. yuilop reserves the right to limit, restrict or extend the license of rights to users.
6.7 Any alteration of this website that may affect its content, such as links or the like, is strictly forbidden.
6.8 yuilop shall ensure that the content of this website is not pornographic, xenophobic, discriminatory, racist, or promotes violence.
7. Protection of personal data
7.1 yuilop respects at all times, both the Spanish Data Protection Law and other regulations in force concerning the protection of personal data, and has implemented the appropriate technical and organizational measures in order to provide the level of security to files containing information provided by users through this website.
7.2 This website may contain links to third parties’ websites. These entities have their own privacy policies and they are responsible for their own files.
7.3 At times, the user may submit his information through forms, either voluntarily or at yuilop’s request in order to query, request information and / or contracting the products, services and / or activities offered through this web site related to yuilop. If the data to be provided by the user were needed to allow yuilop to respond to his inquiry, provide the required information and / or hire a product or perform the service provision, the company shall inform the user, indicating that the completion of these data is mandatory
7.4 When users provide their data through one of the forms of the website, they are authorizing yuilop to process their data in accordance with the purpose of the collection. The data provided will be part of a file created under the responsibility of yuilop, which will be indicated in advance.
7.5 The user may exercise their rights of access, rectification, cancellation and opposition sending the request to yuilop’s offices.
8. Navigation
8.1 yuilop, on their own or through a third party contracted to provide audience/traffic measurement services, may use cookies: files sent to a browser by a web server to record user activities on the website.
Cookies used by yuilop or third parties acting on their behalf are only associated with an anonymous user and computer and they will not provide user’s personal data.
8.2 The user has the ability to configure his browser to be notified on the reception of cookies and prevent them from being installed on his hard drive. The user should consult the instructions and manuals of his browser for more information.
8.3 Similarly, yuilop web servers automatically detect the IP address and domain name used by the user. All this information is recorded in a file server activity that process the data in order to obtain statistical measurements that reveal the number of page impressions, number of visits to Web services, etc.
8.4 The collection of user data through the website, where required by law, is processed in a secure environment based on Secure Socket Layer (SSL). SSL ensures confidentiality by encrypting the information received. In addition, all data provided by users are protected against any unauthorized access.
9. Links
9.1 No one is authorized to link the website from any other website without the express prior consent of yuilop, unless otherwise indicated on the website.
9.2 In the event that this website may contain links to other portals or web sites not managed by yuilop, yuilop has no control over such websites or portals, nor is it responsible for their content. The links on this web site are provided solely as an informative reference, without any assessment of the content, owners, services or products offered by them.
9.3 In any case, such links should be considered recommendation, endorsement or yuilop distribution of the information, products and / or services, or, in general, content owned by third parties, provided or in any form disclosed by them.
9.4 In any case, Yuilop disclaims all liability in connection with the services provided by such third parties against any claims and demands of any nature that may be filed in connection therewith.
10. Nullity and ineffectiveness of terms
10.1 If any provision of these Terms of Use is declared invalid or unenforceable in whole or in part, such declaration shall affect only such provision or part thereof that is invalid or unenforceable.
11. Applicable law and jurisdiction
11.1 These Terms and any relationship between the user of the website and yuilop shall be governed by Spanish law.
In case of conflict in the application or interpretation of this Agreement, the parties submit to the courts that are competent at the time.
August 2011