Terms and Conditions of use of LLEIDA.NET services
These Terms and Conditions apply to the following LLEIDA.NET services:
Registered communications: Registered SMS, registered email, registered invoice, registered inbox and SMS contract. For further information, please click on the logo.
Non-registered communications: SMS, MMS, Stars, Mailer, SMS2email and indirect SMS. For further information, please click on the logo.
Data checker: Telephone checker, email checker, Lleida.net index. For further information, please click on the logo.
1. Your relationship with LLEIDA.NET
1.1 Your use of LLEIDA.NET' s software, services and website (hereinafter referred to as the "Services" and excluding any services provided to you by LLEIDA.NET under a separate written agreement) is subject to the terms and conditions of this legal agreement between you and LLEIDA.NET LLEIDA.NET is the trading name of Lleidanetworks Serveis Telemàtics S.A. Inc., whose main place of business is at PCiTAL, Edifici H1 2Âª planta, B-25003 LLeida (Spain).
1.2 Unless otherwise agreed in writing with LLEIDA.NET your agreement with Lleida.net will always include, at least, the terms and conditions set out in this document. Hereinafter, these terms and conditions will be referred to as the "General Terms and Conditions".
1.3 Your agreement with LLEIDA.NET can also include the terms and conditions contained in the Additional Terms and Conditions of the LLEIDA.NET service, as well as the General Terms and Conditions. Hereinafter, all this will be referred to as the "Terms and Conditions", which form a legally binding agreement between you and LLEIDA.NET. Where Additional Terms and Conditions apply to a Service, you will be able to access them and read them in the section provided for this purpose or through your use of the Service.
1.4 In the event of contradiction or inconsistency between the Additional Terms and Conditions and the General Terms and Conditions of the Services, then the Additional Terms and Conditions shall take precedence.
2. Accepting the Terms and Conditions
2.1 In order to use the Services, you must agree to the Terms and Conditions. If you do not accept the Terms and Conditions, you may not use the Services.
2.2 To accept the Terms and Conditions, tick the relevant checkbox in the user interface of the Service.
3. Use of the Services
3.1 You hereby agree to use the Services for the purposes specified in (a) the Terms and Conditions and (b) any applicable law or regulation, as well as any practices or guidelines set by the relevant jurisdictions.
3.2 In addition, you agree that you will not engage in any activity that interferes with or disrupts the Services or their servers and networks.
Unless you have been specifically permitted to do so in a separate agreement with Lleida.net, you agree not to reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3.4 You hereby agree that your are solely responsible for (and that Lleida.net has no responsibility to you or any third party) any breach of your obligations under the Terms and Conditions, as well as any consequences of any such breach, including any loss or damage which Lleida.net may suffer.
5. Content in the Services
You hereby agree that you are solely responsible for (and that LLEIDA.NET has no responsibility to you or to any third party) for any Content you create, transmit or display while using the Services and for the consequences of your actions, including any loss or damage LLEIDA.NET may suffer.
6. Intellectual and industrial property rights
6.1 You hereby agree that LLEIDA.NET or Lleida.net's licensors own all the legal rights, titles and interests of the Services, including all the intellectual and industrial property rights subsisting in the Services, regardless of whether these rights are registered or not and the country in which these rights may exist.
6.2 Unless otherwise agreed in writing with LLEIDA.NET, nothing in the Terms and Conditions gives you a right to use the trading names and trademarks of Lleida.net, its service marks, logos, domain names or any other distinctive brand features.
7. Licence from LLEIDA.NET
7.1 LLEIDA.NET gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided by LLEIDA.NET as part of the Services (hereinafter referred to as the "Software"). This license is for the sole purpose of enabling you to use the Services provided by LLEIDA.NET in the manner permitted by the Terms and Conditions.
7.2 You may not copy, modify, decompile or try to extract the source code of the Software or any part thereof, or create a derivative work of it, reverse engineer, or permit any third party to do so, unless this is expressly permitted or required by law or unless you have obtained the express written consent of LLEIDA.NET to do so.
7.3 Unless LLEIDA.NET has given you written permission to do so, you may not assign or grant a sub-license of your rights to use the Software, grant a security interest in or over your rights to use the Software or transfer any of your rights to use the Software.
8. Content license from you
You retain copyright and any other rights you already hold regarding the Content submitted, posted or displayed on or via the Services.
9. Software updates
The Software you use may automatically download and install updates from LLEIDA.NET periodically. These updates are designed to improve, enhance and develop the Services, and they may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You hereby agree to receive these updates and permit LLEIDA.NET to deliver them to you as part of the Services.
10. Ending your relationship with LLEIDA.NET
10.1 The Terms and Conditions will apply until terminated by you or LLEIDA.NET as set out below.
10.2 LLEIDA.NET may terminate the legal agreement with you at any time if:
(a) You have breached any provision of the Terms and Conditions or have acted in a manner that shows you do not intend or you are unable to comply with these provisions.
(b) LLEIDA.NET is required to do so by law, e.g. when the provision of the Services is or becomes unlawful.
(c) The partner with whom LLEIDA.NET offered the Services to you has terminated its relationship with LLEIDA.NET or has ceased to offer the Services.
(d)LLEIDA.NET is transitioning to no longer provide the Services to users in the country in which you are resident or from which you use the Services.
(e) the provision of the Services to you by LLEIDA.NET is no longer commercially viable in Lleida.net's opinion.
11. EXCLUSION OF WARRANTIES
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
11.2 IN PARTICULAR, LLEIDA.NET, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS.
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OF FREE FROM ERROR.
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE USE OF THE SERVICES WILL BE ACCURATE OF RELIABLE.
(D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
11.3 ANY MATERIAL DOWNLOADED OR OBTAINED BY ANY OTHER MEANS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, AS WELL AS ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LLEIDA.NET OR FROM THE SERVICES SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
11.5 LLEIDA.NET EXPRESSLY DISCLAIMS ALL WARRANTIES AND TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITIES
12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT LLEIDA.NET, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE FOR:
(A) ANY DAMAGE YOU MAY CAUSE TO THE USER OR TO THIRD PARTIES, INCLUDING ANY DIRECT OR INDIRECT LOSS OF PROFIT, ANY LOSS OF PROFESSIONAL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTANCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES LLEIDA.NET MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES OR ANY FEATURES WITHIN THE SERVICES;
(III) THE DELETION OR DAMAGE OF THE CONTENT OR ANY OTHER COMMUNICATION DATA STORED IN THE SERVICES OR OFFERED TROUGH THE USE OF THE SERVICES, AS WELL AS THE FAILURE TO STORE THEM;
(IV) YOUR FAILURE TO PROVIDE Lleida.net WITH ACCURATE ACCOUNT INFORMATION
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
13.1 These Terms and Conditions constitute the whole legal agreement between you and Lleida.net, and govern your use of the Services, excluding any services LLEIDA.NET may provide to you under a separate written agreement, and completely replace any previous agreements between you and LLEIDA.NET in relation to the Services.
13.2 You agree that LLEIDA.NET may provide you with notices, including those regarding changes in the Terms and Conditions, by email, regular mail, or postings on the Services.
13.3 You agree that if LLEIDA.NET does not exercise or enforce any legal right which is contained in the Terms and Conditions, or which LLEIDA.NET has the benefit of under any applicable law, this will not be taken to be a formal waiver of LLEIDA.NET's rights and that those rights will still be available to LLEIDA.NET.
13.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.
13.5 You acknowledge and agree that each member of the group of companies that are subsidiaries and affiliates of LLEIDA.NET shall be third party beneficiaries of the Terms and Conditions, and that these companies are entitled to directly enforce, and rely upon, any provision of the Terms and Conditions that confers a benefit or rights on them. Other than this, no other person or company shall be third party beneficiary of the Terms and Conditions.
13.6 The Terms and Conditions of the service and your relationship with LLEIDA.NET under the Terms and Conditions shall be governed by the laws of Spain You and LLEIDA.NET agree to submit to the exclusive jurisdiction of the courts located in the city of Lleida to resolve any legal matter arising from the interpretation and/or execution of these Terms and Conditions, expressly waiving any other jurisdiction that may apply.