1- GENERAL TERMS AND CONDITIONS
1.1 OWNERSHIP OF THIS WEB SITE. AGREEMENT TO TERMS OF USE
1.1.1These Terms and Conditions of Use (the “Terms of Use”) apply to the Ommwriter web Site www.ommwriter.com (hereinafter referred to as the Site). The Site is the property of Herraiz Soto Asociados, S.L., a company duly incorporated pursuant to the laws of Spanish and registered at the Commercial Registry of Barcelona (Spain) on October 13, 1997, Volume 33661, Sheet 144, Page B-164664, with Tax Identification Number B-61.464.228 (hereinafter referred to as HS&CO).
1.1.2By using the Site, subscribing a License through the Site and/or by engaging into any of the Site activities or services, you agree to comply with these General Terms and Conditions (hereinafter referred to as Terms and Conditions); if you do not agree, please refrain from using the Site.
2.- TERMS AND CONDITIONS
2.1 ACCEPTANCE OF THE TERMS AND CONDITIONS
2.1.1Please read the present Terms and Conditions carefully before using the Site, subscribing a License or otherwise engaging a service through the Site. These Terms and Conditions, which shall be accessible at all times from the present web Site, must be understood and accepted by the User before engaging into any of the above. Accordingly, we recommend that the User print or save a copy of these Terms and Conditions for future User reference.
2.1.2If applicable, we shall maintain an electronic copy of the main details referring to the relevant transaction accepted and engaged by the User through the Site, which can be made available to the User upon written request.
2.1.3HS&CO reserves the right to modify and/or rectify the present Terms and Conditions from time to time.
2.1.4By access or use of the Site, subscribing a License or otherwise engaging a service through the Site, the Users acknowledge without limitation their acceptance of the present Terms and Conditions.
2.2 PARTIES
2.2.1Any License subscribed or service engaged through the Site shall be entered into by and between the User and HS&CO, a duly incorporated company pursuant to Spanish Law, with registered address at Number 127 Badajoz Street, Barcelona (08018), Spain and with Tax Identification Number B-61.464.228 and shall be formalized between the parties in the English language, language which shall also be used in all communications between the parties.
Accordingly and in relation to the information and data freely provided by the User pursuant to the present Terms and Conditions, said User acknowledges and represents the following:
(i) that the User accepts the obligation to provide exact, accurate complete and true personal data as HS&CO is under no obligation to verify and does not verify said information;
(ii) that the User accepts and understands that the latter is responsible for the authenticity, accuracy and validity of the provided personal data and information, as HS&CO does not have the obligation to verify and does not verify the identity of the User;
(iii) that the User is of legal age and with the necessary legal and full capacity to register and use the Site as well as to subscribe the License and/or otherwise engage the services offered by HS&CO through the Site;
(iv) that the User is aware of the necessity to provide HS&CO with the required data in order for the latter to duly authorize the License engaged by the User and/or to comply with the Site’s operational needs;
Should the User breach any of the above manifestations, provide any false, inaccurate or incomplete personal data or should HS&CO have reasonable grounds to doubt of the veracity, accuracy or integrity of such personal information, HS&CO shall be authorized to or reserves the right to terminate or deny the User access or use of the Site or deny the User the Use of the License.
2.3 DEFINITIONS
In these Terms and Conditions agreement “we” or “us” means HS&CO, and “you” or the “User(s)” means you, the customer, i.e., any natural person or legal entity that uses the Site, that registers as a Site user, that engages a License through the Site.
Software: means any and all contents of the files provided hereto in relation to the software which includes but is not limited to
(i) the source code,
(ii) related explanatory material/documents
(iii) digital images, photographs, clip art, sounds or other works,
(iv) fonts and/or
(v) modified, enhanced, rectified versions, and, if applicable, updates licensed to the User by HS&CO (License Upgrades).
License: shall mean the End User License pursuant to the license terms and conditions established in Stipulation 2.4 below.
Permitted Number: of Use means one (1), save as indicated otherwise in the relevant License agreement entered into the User and HS&CO.
Use: means to access, install, download, copy or otherwise benefit from the using from the functionality of the Software in accordance with the present Terms and Conditions, limited to the private and end use of the User.
2.4 END USER LICENSE
2.4.1End User License
Subject to User compliance of the present Terms and Conditions, HS&CO shall grant the User a non-exclusive License to Use the Software in accordance with the provisions set forth hereto. Irrespective of the above, some specific use of third party materials included in the Software may be subject to different terms and conditions of use, hence the User is required to previously verify, read and accept all applicable terms and conditions of use.
2.4.2General Use
Software License: The User may Use a copy of the Software in a compatible computer up to the computer Permitted Number.
Upgrade License: If applicable, the User may Use a copy of the Upgraded Software in a compatible computer up to the computer Permitted Number, subject to the further User compliance contractual terms and conditions established in Stipulation 2.7 hereto.
2.5 PERSONAL DATA PROTECTION AND PRIVACY POLICY
2.5.1In compliance with the Spanish Personal Data Protection Act 15/1999 and its regulatory Royal Decree 1720/2007, we hereby inform you that the personal data provided by you upon access or registration to the Site, upon subscription of the License and/or upon formalization of any transactions through the Site shall be processed in an electronic database created by and under the responsibility of HS&CO for the sole purposes specified in these Terms and Conditions (see stipulation 2.5.5 below).
Should HS&CO consider the requested User information through the Site as necessary information in order to validly License the Software and/or to comply with the operational needs of the Site or HS&CO’s activities in the Site, HS&CO shall identify such information as necessary or mandatory.
2.5.2HS&CO has implemented the necessary technical and organizational security measures in the processing of the User personal data and information so as to safeguard said information, to procure its confidentiality and in as much as reasonably possible to prevent alterations, loses, removal, illegal modifications and unauthorized access or processing of such information.
2.5.3Notwithstanding the aforementioned, please be aware that the security measures are not infallible, hence HS&CO cannot guarantee the absence of viruses or any other harmful elements, or such consequences that may derive from viruses or the like, the connection to this web Site or the downloading of any content from the web Site that may cause alterations to the systems of the user (hardware or software). Therefore, HS&CO shall not be held liable in case any of the above events occur.
2.5.4HS&CO hereby informs the User that the User information gathered through the Site and/or as a result of the engagement of the License by the User shall be used for the following purposes:
(i) to comply and fulfill the operational needs of the Site;
(ii) in general, to render the services engaged by the User through the Site and, in particular, to validly License the Software to the User.
(iii) to provide the User with the necessary information in relation to the Site and/or the related to the Software and/or the License;
(iv) to receive commercial communications in relation to any Software or License related products and/or HS&CO related services and activities, to send the User via any electronic means commercial communications in relation to the above mentioned.
Users can exercise the right to cancel the authorization to receive commercial communications from HS&CO by sending an e-mail to HS&CO to the following e-mail address [email protected].
2.5.5 The data that the users contribute from a third in in the section “For a gift”, will be treated with absolutely confidentiality, engaging HS&CO to the obligation of secrecy of personal data, their duty to keep them and take all necessary measures to prevent their alteration, loss and treatment or unauthorized access.
2.5.6Upon acceptance of the present Terms and Conditions and once the User submits his/her personal data and information, said User explicitly consents to the gathering and to the filing by HS&CO of said information in relation to the Site activities indicated in item 2.5.4 above.
2.5.7Pursuant to the Spanish applicable legislation we hereby inform the Users that they may personally exercise their rights to access, rectify, cancel and oppose to the filing of the relevant personal data by sending an e-mail to HS&CO to the following e-mail address [email protected] or by sending a letter to the following address Herraiz Soto & Co, 127 Badajoz Street, Barcelona (08018), Spain.
2.6 ACCESS AND REGISTRATION TO THE SITE
2.6.1In general, mere User navigation through the Site is free and shall not require prior User registration. However, further access and use of the Site as well as the Use of the Software License may require prior User registration.
Although the Use of the Software License shall generally not involve prior User consideration in favor of HS&CO, the Use of the License Upgrade shall conversely generally involve a prior consideration made by the User in favor of HS&CO.
2.6.2For further access to the Site or in order to subscribe the relevant Software Licenses, the User may be required to previously register into the Site and to provide the requested information necessary to subscribe the License and/or the services engaged by the User through the Site.
Upon satisfactory completion of registration process pursuant to the present Terms and Conditions, the User shall then be given further access to the Site and shall be enabled to Use the relevant License by means of a password or other access information assigned to said User.
The User undertakes to diligently use the assigned access information intended for said User’s sole and private use. The User shall not reveal said details to third parties, hence the User shall be solely responsible for the confidentiality of said access information and of the damages caused by the misuse, loss or unauthorized access. If the User becomes aware or suspects an unauthorized person has obtained the access information, said User should immediately notify HS&CO so the situation may be rectified. Nevertheless, we have the right to disable any user identification code or password, to withdraw or suspend access to the Site or to deny the Use of any of the Licenses at any time if the User has failed to comply with any of the provisions of these Terms and Conditions or if HS&CO considers that the consequences derived from a misuse of the Site by any User can jeopardize the Site’s security of the information system of HS&CO, its users and third parties.
HS&CO reserves the right to withdraw, suspend access, to restrict access to some or all parts of the Site and/or to amend the Site and its contents without notice. We shall not be liable to you if for any reason the Site is unavailable for any period of time.
2.7 USE OF END USER LICENSE
2.7.1Software License
As previously indicated hereto, HS&CO authorizes the Use of the Software License in accordance to the present Terms and Conditions and generally shall not require a prior consideration by the User in favor of HS&CO.
For the subscription of the Software License and pursuant to the above, the User shall be required to register into the Site, subsequently being assigned the relevant access information, granting the User full access and the right to Use the Software License.
2.7.2Upgrade License
As previously indicated hereto, HS&CO authorizes the Use of the Upgrade License in accordance to the present Terms and Conditions, requiring – in general – a prior consideration by the User in favor of HS&CO for the use of the Upgrade License of the Software. Accordingly, the relevant, applicable and minimum consideration requirements for the Use of the Upgrade License shall appear in the Site, which shall be inclusive of the applicable taxes.
Upgrade License Subscription Procedure: Once the User has duly registered into the Site, said User shall then simultaneously be able to select the Upgrade Licenses he/she wishes to License from HS&CO. Once the latter has been approved by the User, subsequently said User shall be asked to provide relevant payment details and to follow payment instructions until full completion of the relevant License subscription order (the Order) is achieved.
Once User payment has been effected, said payment has been approved by the relevant payment channel and the Order fully accepted, the User shall then be granted full access and the right to Use the corresponding subscribed Upgrade License(s). Likewise, an Order confirmation message shall be sent by HS&CO to the User within a maximum period of twenty-four (24) hours upon receipt by HS&CO of the specific Order.
2.7.3The applicable minimum license considerations that appear in the Site shall remain valid so long as said fees appear in the Site, hence HS&CO may change the minimum consideration requirements at any time and without prior notice.
Irrespective of the above, in the event of an obvious or blatant pricing fee error that could have been reasonably recognized by the User as a mis-pricing or a mistake shown on the Site caused by, inter alia, a typographical error or technological glitch, HS&CO reserves the right to rectify said error and to apply the correct minimum consideration.
2.8 COOKIES
2.8.1Please be aware that the Site uses cookies, i.e., fragments of information relating to your PC/IP address and web navigation that are recorded in your hard drive and provided by your browser. Therefore, from time to time, we may collect information regarding your use of the Site and the Software in relation to the User preferences. If ever, we shall use and analyze the collected information exclusively for the purpose of tracking the interests of our Users solely to improve and better develop the Site’s activities so that we can subsequently provide the Users with better and enhanced services.
2.8.2The User may set up or configure his/her browser in order to be warned of the reception or, if ever, to erase, reject or block the reception of cookies from the hard drive. Accordingly, the User must refer to the relevant indications provided by the specific browser.
2.8.3IP addresses are not linked to personally identifiable information. If ever, we shall only use IP addresses to analyze trends, administer our website, track general User movements and, if ever, gather broad demographic information for statistical purposes only.
2.9 LINKS FROM THE OMMWRITER WEB SITE TO OTHER WEB SITES
2.9.1The Site may contain hyperlinks to other websites and resources provided by third parties. These hyperlinks and resources are provided solely as a convenient tool to Users. The inclusion of any link or resources to other third party sites does not imply any endorsement whatsoever to the content or accuracy of any third parties’ web sites nor does it constitute evidence whatsoever of a contractual, commercial or business relationship between HS&CO and said third party sites.
2.9.2Because HS&CO has no control over such external resources and sites, the User acknowledges and agrees that HS&CO shall not be responsible nor shall be held liable for the availability of such external resources and sites and that HS&CO does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such external resources and sites.
Accordingly, HS&CO may terminate the availability of such external resources and sites linked on the Site at any time. HS&CO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through these channels.
2.10 INTELLECTUAL PROPERTY RIGHTS
Except as explicitly indicated hereinbelow, the present Terms and Conditions does not grant the User any intellectual property rights to the Software or the License or deriving from the Site, the use of the Site or the use of the License.
Ownership of the Software
The Software and any copies of the Software are owned and are the intellectual property of HS&CO and/or HS&CO has been duly authorized/licensed to its’ use by third parties, hence the source code, organization and structure of the Software is likewise considered by HS&CO as Confidential Information and as a valuable trade secret propriety of HS&CO and/or third party licensors. Accordingly, the User agrees not to distribute, modify, adapt or translate the Software and that the User is only granted a License over the Software that enables said User to display and reproduce the Software for User private and end use. The User likewise agrees not to sublicense, rent, sell or otherwise transact with the License.
Accordingly, any information obtained by you or furnished to the User by HS&CO in accordance to the present Terms and Conditions may only be used by you for the purposes described herein and may not be disclosed to third parties and/or used to create any software similar or substantially similar to the Software or any of its versions, updates, additions, enhancements, features, functionalities, etc.
Use of materials on this web Site
HS&CO is the proprietor or the licensee of all intellectual property rights contained in the Site. Accordingly, all creations incorporated or contained in the Site or that the User may see, read or feel in any way on the Site, such as images, photographs, illustrations, visual interfaces, artwork, icons, texts, fonts, video clips, “look and feel” sensorial materials, trademarks, business names, designs, logos, sounds, music, database, layout, presentation, flow diagram, browsing architecture, logic diagrams and source codes and, in general, any material or contents on the Site (hereinafter referred to as the Site Contents), is intellectual property and is owned by HS&CO or has been licensed to HS&CO. The User must always use Site Contents in accordance to the present Terms and Conditions under no circumstance may they be used separately from any accompanying text or as a separate element to the Site Contents.
You may download, print or temporarily save a copy of the Site Contents for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, business names or other proprietary notices and provided the source is duly identified and that the copyright symbol of authorship is likewise duly identified.
Nothing contained or derived from the Site or Site Contents should be construed as authorization, license, transfer, assignment of rights, whether total or partial, to use any intellectual property rights displayed on the Site, unless the User procures prior written permission from HS&CO or such third party proprietor of the relevant right.
Material Breach of the Intellectual Property Rights
Any unauthorized use by the User of Site, of the Site Contents and/or of the License may violate copyright laws, trademark laws, the laws of privacy and publicity and information society regulations, hence you therefore agree that, with or without notice to you, HS&CO may terminate your use of this web Site or of the License if you violate these Terms and Conditions or should HS&CO reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or that you have violated the HS&CO or third party propriety rights. In such events, your permission to use the Site, the Site Contents and/or the License may be automatically terminated by HS&CO.
2.11 WARRANTY AND LIABILITY LIMITATIONS
2.11.1Pursuant to Stipulation 2.8.1 above, HS&CO does not warranty the performance, functionalities and results you may obtain from using the Software License. Irrespective of the above and only in relation to the Upgrade License, should said Upgrade License not substantially perform pursuant to the enhancements and functionalities corresponding or proper to said update, HS&CO’s entire and sole remedy shall be limited, at HS&CO’s option, to the refund of the consideration the User paid for the Update License or the replacement of the Upgrade License. Non substantial variations of the performance of the Upgrade License does not establish a warranty right.
2.11.2We shall not be liable for any loss or damage caused by a virus or any other technologically harmful material that may infect your computer, equipment, computer programs, data or other proprietary material arising from the use of the Site, the End User License or any web third party site linked from there.
2.11.3Under no circumstance whatsoever shall HS&CO be liable for any losses arising out of or in connection with the use of the Site and/or the relevant End User License, whether direct or indirect, including without limitation, any liability relating to any loss of use, interruption of business, lost data, or incidental, special or consequential damages of any kind regardless of the form of action.
2.11.4HS&CO shall not be liable or responsible for any failure to perform, execute (fully or partially) or delay in performance of any of the obligations undertaken hereto caused by events beyond its reasonable and foreseeable control.
2.11.5 HS & CO has no editorial control over the content, information and / or material generated and / or provided by users. All publications belong to their respective author and HS & CO assumes no responsibility in this regard.
2.12 DISCLAIMER
2.12.1HS&CO shall endeavor to ensure that the information on the Site is accurate and complete. Nevertheless, HS&CO does not warrant, represent nor ensure that the contents of the Site are accurate, error-free or reliable or that your use of the Site or its contents or materials will not infringe rights of third parties.
2.12.2HS&CO does not warrant nor ensure that the functional aspects of the Site, the Site Contents and/or the Software License shall be error free or that the web Site, its contents or materials or the server that makes it available are free of viruses or other harmful components. If your use of this web Site or its contents or materials results in the need for servicing or replacing property, material, equipment or data, HS&CO shall not be liable nor held responsible for said events nor for any possible or derived related costs or expenses.
2.13 USER RESPONSIBILITY AND LIABILITY
2.13.1Users commit themselves to give and make proper use of the End User License that they may subscribe and of the contents, information and data contained in the Site in compliance with the present Terms and Conditions and pursuant to the applicable legislation and, likewise, undertake to act according to the generally accepted good practices of commerce, the moral, the good faith, public order and to what is known the as “netiquette”.
2.13.2Users undertake to act with due diligence and to abstain from using the End User License that they may subscribe and the Site in any way that may prevent, damage or impair its normal performance or that as a result may damage the assets and rights of HS&CO, its users and/or third parties.
2.13.3The User agrees to refrain from using the End User License that they may subscribe and the Site in an illegal or prohibited manner or contrary to the provisions established in these Terms and Conditions, to the rights, assets and/or interests of HS&CO, other Users and/or third parties, or in any other way that may damage, overload or deteriorate the contents and functionality of the Site or that may impede the normal use of the web Site by the users or that may technologically harm HS&CO’s information system or that of its Users or third parties.
2.14 RECTIFICATIONS OR AMENDMENTS TO THESE TERMS AND CONDITIONS
HS&CO shall update the Site from time to time or as required legally. Therefore, we may amend or revise the necessary contents of the present Terms and Conditions at any time, at our sole discretion. Accordingly the present Terms and Conditions may be duly amended and rectified without prior notice to Users in order to comply with the latest regulations, jurisprudential decisions and sound commercial practices, being it your responsibility to check this page from time to time in order to take notice of the last date of update and relevant amendments made as they may be of a binding nature to the User.
2.15 SEVERABILITY
If any of the stipulations to these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition, provision or stipulation shall to that extent be severed from the remaining terms, conditions, provisions and stipulations which shall continue to be valid to the fullest extent permitted by law.
2.16 APPLICABLE LAW
Any aspects related to the Use of the Site and to the End User License hereto shall be governed and construed pursuant to what is established in the present Terms and Conditions. Conversely, in relation to aspects that are not explicitly regulated hereby and that may relate to the further interpretation, enforceability and execution of the present Terms and Conditions shall be governed in accordance to the applicable Spanish regulations.