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Terms & Conditions
               
Please read these Terms and Conditions carefully. These are the general Terms and Conditions governing your access and use of this website ("Site"). If you do not agree with them, you should not proceed any further on the Site. By continuing to use the Site and/or any of the services shown on the Site, you agree to be bound by these Terms and Conditions.

1. Use of content

1.1 The services that we are providing to you via the Site consist of the Content and the Functionalities available on the Site or otherwise provided to you as a result of your use of the Site ("Services").

1.2 You acknowledge and agree that you are only permitted to use the Site and the Services as expressly set out in these Terms and Conditions or on the Site.

1.3 You agree that the Site and the Services are for your own personal use only on a single computer or device.

1.4 You may not
• copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Site
• remove, change or obscure in any way anything on the Site and/or the Services or otherwise use any material obtained whilst using the Site and/or Services except as set out in these Terms and Conditions
• reverse engineer or decompile (whether in whole or in part) any software used in the Site and/or the Services (except to the extent expressly permitted by the applicable law)
• copy or use any material from the Site and/or the Services for any commercial purpose
• remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed from the Site or obtained a result of the Services.

1.5 Any use of caching, http accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page on content.

1.6 You may establish a link or "deep link" to the Site from your site, provided that you have obtained Captivemus's prior written consent and that in Captivemus's sole discretion, the context is relevant and the link or its description is not detrimental to Captivemus.

2. Your Obligations

2.1 You warrant that you will only use the Site and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation, that you shall not (and shall not authorise or permit any other party to):

2.1.1 receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;

2.1.2 circumvent user authentication or security of any host, network or account (referred to as "cracking " or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Captivemus's legitimate web pages (referred to as "page-jacking") or use the Site or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Captivemus will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;

2.1.3 use the Site and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Captivemus's written consent;

2.1.4 knowingly or recklessly transmit any electronic Content (including viruses) through the Site and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Captivemus or other Internet users;

2.1.5 hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Site and/or the Services or any other web site, or which is otherwise likely to damage or destroy Captivemus's reputation or the reputation of any third party.

2.2 You acknowledge that chat, discussion group or bulletin board services and similar services that may be offered by Captivemus ("Public Communication Services") are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Captivemus is not responsible for, and does not control or endorse any Content of any Public Communication Services.

3. Your Information

Captivemus's usage of your personal information is governed by the Captivemus Group's Privacy Policy Statement based on  “Ley Organica 15/99 de 13 de diciembre de 1999 sobre Protección de Datos de Carácter Personal”.

4. Proprietory rights

4.1 All Trade Marks used on the site and/or the Services are the trade marks of Captivemus or one of the Captivemus Group companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Captivemus or the Trade Marks.

4.2 You acknowledge and agree that the Services and the Site or any part thereof, whether presented to you by Captivemus, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietory rights and laws. All rights are expressly reserved.

4.3 You are only allowed to use the Site and the Services as set out in these Terms and Conditions and nothing on the Site and/or the Services shall be construed as conferring any licence or other transfer or rights to you of any intellectual property or other proprietary rights of Captivemus, any member of the Captivemus Group or any third party, whether by estoppel, implication or otherwise.

4.4 You hereby grant to Captivemus a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email, post or otherwise on the Site and/or the Services as Captivemus sees fit and without notice to you, unless you have indicated otherwise in such communication.

5. Costs

5.1 Use of the Site is currently free. However, Captivemus reserves the right to charge for access to part or all of the Site in the future, subject to giving you clear notice when entering any part to which charges apply. Some services may be chargeable as indicated on the Site and in any accompanying terms and conditions.

5.2 You will need to provide all equipment necessary to access the Site and the Services on the Internet and be liable for the payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Site.

6. Liability for content

6.1 It is your sole responsibility to satisfy yourself prior to using the Site and the Services in any way that they are suitable for your purposes and up to date. The Services are periodically updated and you should check the Site and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Site and the Services to ensure that you download the most up to date version of the Site and the Services.

6.2 The Site and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither Captivemus, nor any of its employees, nor any member of the Captivemus Group, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Content or any part thereof contained on the Site or the Services.

6.3 You acknowledge that Captivemus is unable to exercise control over the security or subject matter of Content passing over the Site or via the Services and Captivemus hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.

7. Liability for third party content

7.1 The Site contains links to the web sites, web pages, products and services also operated by Captivemus or the Captivemus Group and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or web page or attached to any products or services. These Terms and Conditions shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained with the relevant website or webpage or attached to the relevant products or services shall prevail over these Terms and Conditions.

7.2 Captivemus assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Site and the Services or which may be linked to and from the Site.

7.3 The Site and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. Captivemus accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

7.4 Subject to Clause 11 you agree that Captivemus does not generally and is not required to monitor or edit the use to which you or others use the Site and the Services or the nature of the Content and Captivemus is excluded from all liability of any kind (to the extent permitted by law) arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, Captivemus reserves the right to edit, bar or remove any Services and/or Content, at any time as Captivemus in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.

8. Exclusion of liability

8.1 Nothing in these Terms and Conditions shall act to limit or exclude Captivemus's liability for death or personal injury resulting from Captivemus's negligence, fraud or any other liability, which may not by applicable law be limited or excluded.

8.2 Captivemus shall use its reasonable endeavours to ensure the maintenance and availability of the Site and the Services but availability may be affected by your equipment, communication networks, too many people trying to use communication networks or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.

8.3 Neither Captivemus nor any member of the Captivemus Group shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the performance of or use of Services available on the Site and in particular, but without limitation to the foregoing, Captivemus specifically excludes all liability whatsoever in respect of any loss arising as a result of:

8.3.1 use which you make of the Site and the Services or reliance on Content or Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or services interruptions; and

8.3.2 defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Site and the Services at any time.

8.4 All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.

8.5 Your only remedy under these Terms and Conditions is to discontinue using the Site and the Services.

8.6 Captivemus makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge.

9. Indemnity by you

9.1 You hereby agree to fully indemnify and to hold Captivemus harmless from and against any claim brought by a third party resulting from the use of the Site and the Services or the provision of Content to Captivemus by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly of indirectly by Captivemus in consequence of such use of the Site and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.

10. Variation

10.1 Captivemus reserves the right to modify the Site and/or the Services or suspend or terminate the Site and/or the Services or access to part or all of them at any time.

10.2 Captivemus reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the Site. By continuing to use the Site you will be deemed to have accepted the varied Terms and Conditions.

11. Monitoring/recording of communications

Monitoring or recording of your calls, emails, text messages or other communications may take place in accordance with the law, and in particular for Captivemus's business purposes, such as for quality control and training, to prevent unauthorised use of Captivemus's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

12. Termination

12.1 Captivemus may elect to suspend, vary or terminate the Services and the Site immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Site and the Services or for any other reason whatsoever.

12.2 Captivemus may elect to terminate the Services or your access to the Site forthwith on breach of any of these Terms and Conditions by you, or if Captivemus ceases to offer the Site and the Services for any reason whatsoever.

13. General

13.1 Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of Spain and you hereby submit to the non-exclusive jurisdiction of the Spanish courts.

13.2 Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

13.3 Waiver - Captivemus's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Captivemus in writing.

13.4 Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

13.5 Assignment - You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Captivemus forthwith. Captivemus may assign these Terms and Conditions in whole or in part to any third party at its discretion.

13.6 Rights of Third Parties - A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of this Agreement.

13.7 Force Majeure - Captivemus shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Captivemus is not responsible.

14. Definitions

"Content"
means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;

"Services"
has the meaning given to it in Clause 1.1;

"Functionalities"
means the services offered on or via the Site;

"Terms and Conditions"
means the contract between Captivemus and you incorporating these terms and conditions;

"Trade Marks"
means the word or mark "Captivemus", however represented, including stylised representations all associated logos and symbols and combinations of the foregoing with another word or mark;

"Captivemus"
means Captivemus,S.L., whose registered office is at Batista y Roca street, numer 6-8 1º floor, Mataró – 08302, Barcelona-Spain and may also be referred to as "we" or "us" in these Terms and Conditions;

"you"
means the visitor to the Site that enters into these Terms and Conditions (and "your" shall be construed accordingly).

 
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