Terms and Conditions of Contract for Zyncro
OBJECT AND SCOPE OF APPLICATION
These Terms and Conditions of Contract apply to the access and/or use of the Zyncro Server using the Zyncro Software to synchronize, send and share the User's files on the Websites and Services, information and other contents (hereinafter, ZYNCRO) and prevail in any case over Legal Notice, applied in addition in all those cases where these terms do not contradict or oppose its purpose.
ACCEPTANCE AND OBLIGATIONS ASSUMED BY THE USER
On accessing and requesting the creation of a ZYNCRO account, you the User expressly accept these Terms and Conditions of Contract, as well as the Legal Notice, accepting and agreeing to access and use Zyncro, as well as its contents and elements, under your sole and exclusive responsibility and in accordance with the aforementioned documents, current legislation, good faith, and public order.
Similarly, you the User undertake to abstain from using ZYNCRO for illegal purposes or effects or purposes contrary to that established in the aforementioned Terms and Conditions of Contract and the Legal Notice, as well as from transmitting, disseminating or making available to third parties any type of material or contents that contravenes current legislation, good faith, or public order, or the aforementioned documents.
ZYNCRO TECH, S.L. reserves the right to modify these Terms and Conditions of Contract without requiring your express acceptance, understanding any modifications entered to be tacitly accepted in the event that you continue to access and/or use ZYNCRO from the date of publication of the aforementioned modifications. In the event that you do not accept such modifications, you must unsubscribe by notifying such circumstance to ZYNCRO TECH, S.L. and cease immediately from accessing and/or using ZYNCRO.
You can always and in any case access these Terms and Conditions and the Legal Notice, which can be stored and/or reproduced.
You accept that the version drafted in Spanish of this document shall prevail over any other version of this notice in another language.
AVAILABILITY OF ZYNCRO AND RESERVATION OF RIGHTS
ZYNCRO, as well as its contents and elements, are subject to constant evolution, meaning ZYNCRO TECH, S.L. reserves the right to modify them, either partially or entirely, at any stage and without prior notice.
ZYNCRO TECH, S.L. shall perform all reasonable efforts to make ZYNCRO available at all times. Notwithstanding the above, ZYNCRO TECH. S.L. will not be liable for interruptions, inactivity or errors in ZYNCRO, reserving the right to interrupt or suspend at any time and without prior notice access or operation of ZYNCRO or any of its elements or contents, for reasons that, under ZYNCRO TECH, S.L.'s discretion, justify it.
Similarly, ZYNCRO TECH, S.L. reserves the right to limit in any way, at any time and without prior notice, use of ZYNCRO. Similarly, ZYNCRO TECH, S.L. reserves the right to deny access and use of ZYNCRO at any time and without prior notice to anyone who fails to comply with these Terms and Conditions of Contract, the Legal Notice or any applicable regulation.
In order to safeguard and preserve the good use of ZYNCRO, ZYNCRO TECH, S.L. reserves the right to implement any technical measures and/or monitor any access of use of ZYNCRO, as well as to keep or release any information, including contents incorporated in ZYNCRO by the User, if it is reasonably necessary in order to comply with current legislation or any order from the corresponding authorities, as well as to verify compliance with these Terms and Conditions or with any other applicable document or regulation. Nonetheless, ZYNCRO TECH, S.L. does not assume any obligation or warranty to this respect.
Similarly, ZYNCRO TECH, S.L. reserves the right to delete or to deny the inclusion, transmission or storage of any contents that, under its exclusive discretion, it considers to be potentially illegal or contrary to this document and/or the Legal Notice.
LIMITATION OF LIABILITY AND EXCLUSIONS OF WARRANTY
Access and/or use of ZYNCRO or any of its elements and contents are performed under your own strict and exclusive responsibility.
The access and/or use of ZYNCRO or any of its elements and contents implies your acceptance that ZYNCRO TECH, S.L. excludes the acknowledgement of any warranty, either express or implicit, and declines all liability for reasons of the impossibility of access or use or any other error in the access or use of ZYNCRO or its elements or contents.
In particular, including but not limited to, ZYNCRO TECH, S.L. does not guarantee or assume responsibility in relation to:
- the availability of ZYNCRO, its elements or contents or their availability in an uninterrupted and secure way, free of errors;
- the complete, precise, available, timely, secure and/or reliable character of ZYNCRO or its elements or contents;
- the correct and reliable transmission of any content or information and/or its storage in a correct, reliable and lasting manner;
- any damage suffered by systems, loss of data or information or any other type (including direct, indirect damage or loss of income) derived in any way or mode from the access or use, the impossibility of access or use or any other error in the access or use of ZYNCRO or its elements or contents, any conduct or content generated by a third party through ZYNCRO (including but not limited to, any defamatory, offensive or illegal conduct from other Users or third parties), any content obtained through ZYNCRO, or the unauthorized access, use and change of your contents, transmissions or communications;
- the suitability of ZYNCRO to satisfy your requirements; or
- the execution of back-up copies of data stored and processed in ZYNCRO.
The access and/or use of ZYNCRO or any of its elements and/or contents implies your acceptance of your exclusive responsibility for the use you make of ZYNCRO, for any information or contents that you provide and for any consequence arising from such, including the use of the content by ZYNCRO TECH, S.L. or by other Users of the collaborative environment.
Similarly, you the User declare and guarantee that the content that is displayed, transmitted and/or stored via ZYNCRO does not infringe nor will it infringe any third-party right, nor does it fail to comply or will it fail to comply in any way or form with these Terms and Conditions of Contract, the Legal Notice, the current legislation, good faith and/or public order, assuming otherwise any liabilities that may be attributed without limitation, and holding ZYNCRO TECH, S.L. in any case totally and absolutely harmless of all liability and any costs, including those derived as appropriate from the legal defence, which it may result in.
Similarly, ZYNCRO TECH, S.L. does not guarantee nor does it assume liability derived from any product or service offered or provided in any way by third parties, expressly including those that interact with ZYNCRO.
REFERENCE TO THE LEGAL NOTICE
These Terms and Conditions of Contract complete and complement, where they do not contradict that stipulated, the Legal Notice, whose strict compliance is similarly assumed by the User.
RIGHT TO WAIVER
Both ZYNCRO TECH, S.L. and the User may terminate at any time and without any compensation the provision and/or use of ZYNCRO by simple notification in writing of such circumstance to the other party.
ZYNCRO TECH, S.L. must send such communication to the User at the address, electronic or postal, provided by the User on accessing ZYNCRO. The User must address their communication to the following postal or electronic address of the company:
ZYNCRO TECH, S.L. Paseo de Gracia 120-1º DCHA 08008 Barcelona, Spain
1. If any clause included in these Terms and Conditions of Contract is declared totally or partially null or ineffective, such annulment shall only affect the provision in question or part of the provision declared null or ineffective, with all other clauses remaining in force. All clauses must be interpreted independently and autonomously, not being affected by the remainder of stipulations in the event that one of them is declared null by legal ruling or arbitral resolution, in which case it should be substituted for another that preserves the effects sought by the Terms and Conditions of Contract.
2. The headings of the different clauses are for information purposes and do not affect, qualify or extend the interpretation of the Terms and Conditions of Contract.
3. Where a discrepancy is found between that established in these Terms and Conditions of Contract and the Legal Notice, that established in this document shall prevail.
4. The enforcement or non-enforcement by ZYNCRO TECH, S.L. of any right or provision contained in these Terms and Conditions of Contract shall not represent a waiver of such rights, except by acknowledgement and agreement in writing.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Contract are governed by current Spanish law as applicable.
For the resolution of any disputes that may arise as a result of that set out in these provisions, and with express waiver of any other jurisdiction, you the User agree to submit to the jurisdiction of the Courts and Tribunals of Barcelona (Spain)
This document was last updated on October 18, 2012.