Terms and Conditions

TERMS AND CONDITIONS FOR ACCESS AND USE OF THE WEB SITE WWW.FAVORIT-NETWORK.COM AND LICENCE AGREEMENT FOR THE UNINSTALLING SOFTWARE

IMPORTANT:

The following terms and conditions (these “Conditions”) govern the access to and/or use of the website WWW.FAVORIT-NETWORK.COM (the “Website”) and the Content, as described below. Any person (a “User”) who uses and/or access the Website thereby indicates that he/she understands and agrees to these Conditions. Please read these Conditions carefully as your access and use of the Website and the Content signifies that you have read, understand and accept, without reservation, these Conditions.

In some cases, access to and/or use of specific Content accessible through the Website may be subject to specific conditions that complement or modify the present Conditions. These specific conditions are accessible from the web page containing the Content to which they relate or are provided when such Content is accessed. The specific conditions will always prevail over these Conditions.

The Website is managed by «Favorit Network S.L.» (“Provider”) registered in Spain and with corporate address at Rambla Catalunya Número 12 2º 2ª, Barcelona 08007, Spain. If you have any questions related to these Conditions, please go to Support.

1. DEFINITIONS

The following term have the following meaning in these Conditions:

“Content” shall mean all text, graphics, animations, banners, sounds, files, images, video, audio, and other data, products, services, databases, trademarks, domain names, logos, combinations of colours and softwares or any other element of the Website, its structure, source code or design, including any modifications, updates, upgrades, enhancements and documentation related made accessible by Provider through the Website including the Software licence as described herein.

2. GENERAL

1. Through the Website and the web pages located in it, User may access and/or use the Content prepared by the Provider, on its behalf as described in these Conditions and in the Software licence herein.

2. User undertakes to access and/or use the Website and its Content in accordance with these Conditions, the Provider's Privacy Policy, the Provider’s Software licence, the relevant applicable conditions to the use of specific Content, applicable law and accepted principles and practices, indemnifying the Provider and any third parties for any loss or damage that may be caused by User as a result of breaching this obligation.

3. PERSONAL DATA PROCESSING

Access to and/or use of the Website is provided by Provider without charge and anonymously. If in some cases it is necessary to process any personal data, this will be carried out in accordance with the Provider's Privacy Policy. All data provided shall be under the restrictions of the Data Protection applicable laws, therefore the Provider hereby informs users that it has a privacy policy. Click the link in the Website to review Provider’s Privacy Policy.

4. SOFTWARE LICENCE

4.1 In accordance with these Conditions, Provider makes accessible through the Website its uninstalling software of the Provider’s contextual advertising component (“Software”). The Software is a tool that allows User to uninstall, from User’s computer, the Provider’s contextual advertising component that User downloaded jointly with other third party’s content according to the specific conditions applicable to such content.

These Conditions govern the use of the Software by the User and forms a licence agreement between the Provider and User who thereby indicates that he/she understands and agree to these Conditions and consents to the downloading of the Software on his/her computer.

4.2 Subject to the User’s acceptance and continued compliance with these Conditions, the Provider hereby grants the User a “Free licence” which is a royalty-free, non-exclusive, personal, non-sublicensable, non-assignable, limited licence to use the Software three times, with all its features, which allows the User to uninstall the Provider’s contextual advertising component from User’s computer as described above (“Licence”).

4.3 This Licence is valid to the extent that any computer on which the Software is used is located in the territory where Provider offers its Content. If the User does not live or is not normally resident in a territory in which the Provider expressly offers its Content, the User must not install or use the Software.

4.4 This Licence is granted for the User’s private use only. No User or any other person may modify, manipulate, transform, copy or reproduce in any non transitory form, publish, disclose, extract, imitate, create derived concepts, decompile, decode, reverse engineer, transfer, transmit, rent out, distribute, licence, sublicence, sell or otherwise deal with the Software or any of the rights granted under this Licence except with express written authorization of Provider. In any case, it is forbidden to circumvent, delete or manipulate the copyright, digital fingerprints, watermarks or other technical protection devices or data identifying the Provider's or its licensors' rights in the Software.

4.5 The proper use and functioning of the Software may require to be updated by the User. Therefore, User may be required to renew his/her Licence to enjoy the update features and/or capacities of the Software. The User hereby acknowledges that he/she is responsible to such updates. The User accepts that these Conditions, including any future variations thereto, will apply to the Software.

4.6 The Provider makes no warranty and/or representation that the Software will meet the User’s requirements or that the operation of the Software, information provided or connection to any content or the Internet will be uninterrupted or error free.

4.7 Please go to our support web page at Support in case of any problem with the Software that is not remedied by reinstalling it.

5. USER WARRANTIES AND OBLIGATIONS

User represents, warrants, and undertakes that:

i. User is a person of legal age in accordance with the laws of the place of connection, and/or can have and effectively has the supervision of an adult to access and use the Website.

ii. User hereby agrees that all fraud and misuse of the Website and/or the Content will be promptly reported to Provider. Likewise, the User agrees that any dispute arising will be reported to Provider as soon as possible by going to Support.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

6.1 Copyright © Favorit Network. All rights reserved. All Content, save where expressly indicated, are the exclusive property of Provider or its licensors. Provider reserves all rights in the Website, and/or in the Content authorizing only access and/or use as expressly permitted by these Conditions. If the User considers that the use of any Content protected by copyright and other intellectual or industrial property laws may infringe his/her rights or the rights of any other person or entity, the Provider would appreciate it if the User could inform as soon as possible by going to Support. The Provider would be pleased if the User could state his/her name, email address, and the rights that might be infringed giving evidence of the ownership of said rights. Once received the form, the Provider will investigate the matter and answer the User as soon as possible. Thank you.

6.2 User may not modify, manipulate, transform, copy or reproduce in any non transitory form, publish, disclose, extract, imitate, create derived concepts, decompile, decode, reverse engineer, transfer, transmit, rent out, distribute, licence, sublicence, sell or otherwise deal with the Content or any rights in the same, except with express written authorization of Provider. In any case, it is forbidden to circumvent, delete or manipulate the copyright, digital fingerprints, watermarks or other technical protection devices or data identifying the Provider's or its licensors' rights in the Website or the Content.

6.3 Should User be interested in any transaction or commercial activity in connection with the Content, please address your request to http://www.favorit-network.com/contact.php.

6.4 The use over any page of the Website or the Content of frames not already included within the Website or the Content is strictly forbidden, except with prior written authorization of Provider.

7. LIABILITY

7.1 To the maximum extent permitted by applicable law, and provided that liability shall not be excluded or limited in respect of malicious intent or gross negligence, access to and/or use of the Website or any of the Content including the downloading, installation and/or use of the Content are the sole responsibility of the User. Provider accepts no liability for any inappropriate use at Provider’s own criteria that the User may make of any of the Content. User will indemnify Provider and hold Provider harmless from and against any claim, loss, damage or liability (including legal fees and costs) arising out of: (a) User's use of the Website or the Content; (b) any breach by User of any obligation or warranty under these Conditions including but not limited to, the matters listed in clause 4 of these Conditions; and/or (c) any matter relating to any User unlawfulness.

7.2 The Website is provided "as is" without any warranty of any kind, either express or implied, including, without limitation any warranty of merchantability and/or fitness for a particular purpose. Provider makes no warranty and/or representation that the Website will meet User requirements, or that access to and/or use of the Website will be uninterrupted, without delay or error.

7.3 Provider does not give any guarantee in relation to the User obtaining any particular results from the Content and in particular does not guarantee that the use of the Content will result in the type, quantity or quality that the User may expect.

7.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER HEREBY EXCLUDES ALL LIABILITY IN RESPECT OF:

a) LOSS OR DAMAGE, LOSS OF PROFITS AND ANY OTHER LOSSES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL;

b) ANY CLAIM MADE AGAINST THE USER BY ANY THIRD PARTY;

c) DAMAGE, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING:

(i) LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, OR LESSOR OR PROVIDER OF COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF THE INSTALLATION OF, USE OF, OR ACCESSING OF ANY CONTENT;

(ii) ANY CHARGES WHICH THE USER MAY INCUR TO ANY TELECOMMUNICATIONS SERVICE OR NETWORK OR ANY CONTENT PROVIDER.

7.5 Provider shall not be liable for any failure or delay on the part of Provider attributable to factors outside its reasonable control, including without limitation any failure, interruption, delay or error in any transmission network, software or hardware; action or failure to act by any third party; and government or regulatory intervention, as well as cases of force majeure including: floods, fires, earthquakes, other natural disasters, war, acts of terrorism and similar.

7.6 Provider reserves the right to suspend or restrict the use by any person of the Website or any Content made available by Provider when Provider suspects that such use is not duly authorized or is fraudulent or is in breach of these Conditions, any law or regulatory provision. Provider shall have no liability to any person as a result of any such suspension or restriction.

7.7 Without prejudice to any other provision of this clause 7, the total liability of the Provider to User arising out of the matters referred to in these Conditions, in any case, shall not exceed, other than in respect of liability that by law cannot be so restricted, of €50.

7.8 Provider reserves the right to suspend, restrict, modify or update the Website and the Content unilaterally, at any time and without prior notice. Likewise, Provider reserves the right to terminate access to the Website and the Content unilaterally, at any time and without prior notice whether Provider considers at its own criteria that the User has breached these Conditions. Provider will not be liable for any loss or damage resulting from the adoption of such measures.

7.9 These Conditions are available in English, French and Spanish. In cases of doubt the English version of these Conditions will prevail. When the User contracts for the Content, these Conditions will not be stored individually. The up to date version of the Conditions will always be made available at the following link: http://www.favorit-network.com/.The Provider reserves the right to amend these Conditions from time to time for legal reasons or because of changes in the Website or the Content. If User does not agree to such amendment, User’s sole remedy shall be not to access and/or use the Website, and/or the Content and/or to uninstall said Content.

8. ASSIGNMENT OF THESE CONDITIONS

Provider may at any time assign either in whole or in part, these Conditions or any of its rights, duties or obligations in these Conditions to any entity without obtaining the prior consent of the User. If User does not agree to such variation, his/her sole remedy shall be to terminate the access and use of the Website and of the Content.

9. CHOICE OF LAW AND COMPETENT COURTS

9.1 To the extent that the User is a consumer, in respect of any dispute arising out of these Conditions the Provider hereby submits to the jurisdiction of the courts of the home state of the User. If the User is not a consumer, or even if a consumer then to the extent permitted by applicable law, the competent courts in respect of any such dispute shall be the courts of the domicile of the Provider.

9.2 These Conditions shall be governed by and construed in accordance with the law of the domicile of the Provider, without prejudice to the mandatory rules of the courts hearing the matter as well as mandatory consumer protection rules except the Software licence from clauses 4.1 to 4.7 that shall be governed by and construed in accordance with the law of the domicile of the Provider in any case.

9.3 Should any part of these Conditions be or be found to be invalid, illegal or unenforceable, this shall in no way affect the validity of the remaining parts.