Terms and Conditions

Zyncro - Terms and conditions

Welcome to Zyncro, a service that enables its users to collaborate and synchronise files across the web, and send and share these files with others.

A. Terms of Use
B. Zyncro accounts
C. Access, use and availability of the Services
D. Intellectual Property and Third Party Rights and Linking
E. Termination, Compliance and Enforcement
F. Exclusions of Warranties and Liability.
G. Other terms

A. Terms of Use

1 - The Terms

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    • Zyncro. Zyncro. “Zyncro” is a service and website that is owned and operated by Zyncro Tech, S.L, CIF B-55049860. Registered in the Girona Trade Registry under Tomo 02746, Folio 183, Page GI-00048820, 1st Registration whose principal place of business is at Passeig d’Olot 68-70, 17006 Girona, Spain. Telephone: (+34) 972 20 35 75 and Fax: (+34) 972 20 41 16 or any successor in interest of this company (the “Company”).

    • Terms. The following Terms of Use including the Zyncro Privacy Policy define the legally binding terms for your use of the services provided to you by the Company through the www.zyncro.com website and/or using Zyncro Client and Server software (collectively, the “Services”).

    • Services. The Services include:

      • the www.zyncro.com and my.zyncro.com websites (the “Website”);

      • connection to and use of the Zyncro Server (the “Zyncro Server”) using the Zyncro Client software for synchronising, sending and sharing user files, data and other content (“Processing” of “User-Content”, as defined below); and

      • any products, software and services provided to you on or from the Website.

The term Services does not include User-Content synchronised by Users through the Services and stored on the Zyncro Server.

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    • Users. These Terms are applicable to all users of the Services, including visitors to the Website and those who use the Zyncro software and have a Zyncro Account for Processing User Content and the submission of any other information, and other materials on the Website.

    • Modifications. The Company may modify without previous notice the design, outlay and/or configuration of this Web Site and Services, as well as some or all the Services offered, may add new ones, and may revise these Legal Terms (including the Privacy Policy). Any modification will be enforceable from the date of publication and any subsequent use of the Web Site and/or Services will be subjected to the new Terms, hence we recommend you to read them carefully.

    • The Zyncro Client software is distributed under the Zyncro End User License Agreement, the terms of which shall apply to all and any use of such Zyncro Client software; no condition of these Terms shall be interpreted as to restrict the rights granted thereunder. But any condition in these Terms that is not incompatible with such license shall be fully applicable to your use of the Services when using the Zyncro Client software in conjunction with the Services. The Company does not transfer either the title or the intellectual property rights to the Software, and the Company retains full and complete title to the Software as well as all intellectual property rights therein.

    • Language. Where the Company provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with the Company and will prevail over the terms in any other languages

2 - Accepting the Terms

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    • Age. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with the Terms.

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    • Agreement. By visiting the Website and/or using the Services, including registering a Zyncro account, you indicate your consent to these Terms of Use, Zyncro Privacy Policy and Community Guidelines and which are incorporated herein by reference (collectively, the “Terms”). You understand and agree that Zyncro will treat your use of the Services as acceptance of the Terms from that point onwards. If you do not agree to any of these Terms, please do not use the Services. You should print off or save a local copy of the Terms for your records.

B. Zyncro accounts

3 - Zyncro Accounts

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    • Zyncro Accounts. In order to use the synchronisation and other Services, including Processing User-Content, as well as access some features of the Website, you will have to create a Zyncro account and accept these terms and the privacy policy. You agree that you will be solely responsible (to Zyncro, and to others) for all activity that occurs under your Zyncro account, including the Processing of User-Content.

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    • Account data. Registration Information and personal data. Information provided during registration and generally any other information submitted in zyncro.com must be true, up-to-date, accurate and complete. For this purpose, User warrants the authenticity of any information and personal data filled in the forms/fields necessary to register for the Services.

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    • Use of personal data. Personal data of Users will be used and processed by the Company in accordance with the Zyncro Privacy Policy, available at any time in the Web Site www.zyncro.com, which should be read and accepted by Users before ending the registration process. Registration in the Web Site involves acknowledgement and express acceptation by User of the fact that the Company may disclose to third parties some of the personal data included in each registration submission. In particular, your email is visible to your Zyncro contacts.

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    • Account security. Users are responsible at any time for the custody of their passwords, which are personal and non transferable, and will be responsible for any damages arising from an undue use, transfer, disclosure or loss of the passwords. In this regard, access to restricted areas and/or use of Web Site contents after logging in with a password will be deemed to be performed by the corresponding User, who will be held liable for any damages arisen from access or use with full indemnity to the Company. Users must immediately inform the Company of any circumstance that may entail a risk of access and/or use by an unauthorized individual in order for the Company to duly proceed to the cancellation and substitution of the account. You agree not to hold the Company liable for any losses caused by any unauthorised use of your account.

C. Access, use and availability of the Services

4 - Conditions of use of the Services

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    • Free Access. Access to zyncro.com and use of the Services is free, notwithstanding the fact that some services offered by the Company may eventually be charged in accordance to the specific contract conditions provided by the Company.

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    • Conditional authorisation. The Company hereby grants you permission to visit the Website and/or use the Services, subject to these Terms. Users agree not to use any of the Services and materials and information included in the Web Site for any purpose deemed illegal or expressly prohibited in these Terms, or in any manner which may be contrary to the Company’s and/or third parties’ rights and interests, or in any manner that may deteriorate the use of zyncro.com.

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    • Prohibited uses. In particular but without limitation you will not:

      • use the Website or any Services for any commercial use, without the prior written authorisation of the Company. Prohibited commercial uses shall include, without limitation: the resale of access to the Website or any of the Services (such as the Zyncro Server) on another website for the primary purpose of gaining advertising or subscription revenue; and the redistribution of the Services (and any User-Content accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by zyncro.com.,

but shall not include any use that is expressly authorised by Zyncro in writing;

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      • change or modify any part of the Zyncro Client or Server software and the Services other than as may be reasonably necessary to use the Services for their intended purpose;

      • display, distribute, transmit, adapt or transform, by any means and form, the Web Site contents (texts, designs, graphics, information, database, audio files and/or pictures, logos, etc.) or any other Web Site element, unless they are previously authorized by the lawful owner or if are allowed by the law;

      • distribute, copy or provide access to any part of the Services in any medium without the prior written authorisation of Zyncro;

      • access User-Content or other content on the Zyncro Server or available on the Website (including Zyncro Content, as defined below) through any technology or means other than the Zyncro Client or the Website itself, or such other means as the Company may explicitly designate for this purpose;

      • circumvent, disable or otherwise interfere with any security related features of the Website or Zyncro Client or Server Software or features that (i) prevent or restrict access, use or copying of any User-Content or Zyncro Content or (ii) enforce limitations on use of the Website or Zyncro Server or the content on Zyncro Server or Website, nor attempt to do so;

      • collect or harvest any personally identifiable information, including account names, from the Services,

      • use the communication systems provided by the Services and Services themselves for any commercial solicitation purposes;

      • use or launch any automated system, including without limitation, offline readers, robots, spiders, that accesses the Services in a way that sends more request messages to the Zyncro servers in a given time period than a human can reasonably generate in the same period by using a standard online web browser;

      • send messages or take any other action that may interfere with the proper working of the Company’s systems and infrastructure, especially by overloading it, damaging the physical and logical systems of zyncro.com, its providers and third parties via means of submitting viruses in the net or any other physical or logical system; or

      • breach any of the other provisions of these Terms including the Zyncro Community Guidelines at all times during your use of the Services.

    • As an exception to the above, the Company grants the operators of public search engines permission to use robots/spiders to copy and index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases.

    • Users will be held liable to the Company and/or third parties for any breach or violation of these obligations and/or for any damage, overload, submission or dissemination of viruses, and interference with the proper use of the Services, and materials and information included within the Services and Web Site, the information systems, documents, files and any kind of contents stored in any computer owned by the Company or any of its Users.

    • The Company reserves the right to terminate your license to use the Services at any time, or to charge for commercial usage in the future.

    • You affirm, and/or warrant that you own or have the necessary licenses, rights, consents to Process your User-Content, as well as the permissions to authorise the Company to use all copyright, patent, trademark, trade secret, or other proprietary rights in and to any and all User-Content to enable Processing of User-Content in the way contemplated by the Services and these Terms.

    • You agree to indemnify and hold the Company, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.

Availability, continuity and limitation of use of the Services

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    • The Company uses its reasonable endeavours to make available to you at all times the Zyncro Server and the Services but it shall not, in any event, be liable for interruptions of Service or down-time of the Server. Due to special maintenance, security or capacity issues, and also to some events over which the Company may not influence (e.g., anomalies in public communication networks, electricity cut offs, etc.), Services may be temporally suspended or affected by brief anomalies

    • The Company reserves the right:

      • to suspend or discontinue any aspect or part of the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason; and/or

      • to implement any technical or other measures to filter, limit, prevent processing and any other measure to prevent what may be deemed illegal or inappropriate use of the Services and exploitation of User-Content;

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    • The Zyncro services are not a back-up and retrieval service and the Company does not make a backup of the data stored and processed on the Zyncro Server.



D. Intellectual Property and Third Party Rights and Linking

6 - Website Content

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    • The content of the Website, including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (collectively, “Zyncro Content”), is owned by or licensed to the Company and is subject to copyright, trade mark rights and other intellectual and industrial property rights of the Company or the Company’s licensors. Any third party trade or service marks present on the Website are trade or service marks of their respective owners.

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    • Zyncro Content is provided to you “as is” for your information and personal use only and may not be used, copied, distributed, reproduced, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not explicitly granted in and to the Zyncro Content. If you download or print a copy of the Zyncro Content for personal use, you must retain all copyright and other proprietary notices contained therein.

  • User-Content

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    • The Services permit users with a valid Zyncro accounts to synchronise data over the network among several terminal devices and equipment, send and share files with other Users (collectively referred to as “Processing” of "User-Content").

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    • Without prejudice to the general obligations accepted by the User set forth in the previous sections, ZYNCRO does not allow Processing of User-Content that may be deemed unlawful or that may deteriorate quality of service. Therefore, Processing of the following content is forbidden:

      • Unlawful content according to the national, community or international law or content contrary to good faith.

      • Legally protected content (e.g., by copyright and intellectual property law, trade marks, patents, utility models or design rights), without due authorisation.

      • Offensive or defamatory content, regardless whether they affect other Users or any other individuals or entities or content that promotes or incites criminal, defamatory, offensive or violent behaviour or behaviour that is otherwise illegal, immoral or contrary to public order and conduct.

      • Content that violates other individuals’ fundamental or other rights, netiquette or may give rise to a negative opinion of other Users or third parties.

      • Content that violates obligations of confidentiality or secret (whether personal o professional)

      • Content that is false, ambiguous, incorrect or exaggerated, that consists in unfair or illegal advertising or that may give rise to mistake as to such content or the intentions of the User.

      • Pornographic content or content that infringes child protection legislation, or content that advertises, offers or distributes pornographic products or infringe child protection regulation.

      • And generally any content that infringes the principles of legality, honesty, responsibility, human dignity protection, children protection, public policy, privacy protection, consumer protection and copyright and intellectual property rights.

    • By Processing User-content, you retain all your ownership rights in your User-Content but grant to the Company the right to reproduce by way of storage and provide access and communicate to other Users authorised by you in connection with Zyncro Services the User-Content Processed by you. You are solely responsible for your own User-Content and the consequences of Processing it. This license terminates when you remove or delete your User Content from the Services.

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    • The Company does not previously review or control or endorse any content that is Processed by Users. However, if the Company has effective knowledge, on its own or prompted by a third party, that any content processed via the Services may infringe the law, these Terms or other Users’ and third parties’ rights, it may remove it from the Zyncro Server without previous notice. Thus the Company reserves the right (but shall have no obligation) to decide whether User-Content is appropriate and complies with the content requirements set out in these Terms; and to remove User-Content and/or terminate a User's access to add such content in violation of this Agreement at any time, at its sole discretion and without prior notice.

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    • In addition, the Company may cooperate with administrative and judicial authorities and, when required by law, provide access to such authorities to the User-Content processed by you.

8 - Linking

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    • Linking. The Web site and Services may include hyperlinks to other web sites that are not owned or controlled by Zyncro. Zyncro has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You acknowledge and agree that Zyncro is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

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    • You acknowledge and agree that Zyncro is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

E. Termination, Compliance and Enforcement

9 - Term and termination

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    • The Terms will continue to apply until terminated by either you or the Company as set out herein.

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    • If you want to terminate your legal agreement with Zyncro, you may do so by (a) notifying the Company at any time and (b) closing your Zyncro account. Your notice should be sent, in writing, to the Company address which is set out at the beginning of these Terms.

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    • The Company may at any time, terminate its agreement with you if:

      • you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

      • the Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

      • the Company is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or

      • the provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially or otherwise viable.

    • In particular the Company will terminate its agreement with you, if you are determined to be a repeat infringer. A repeat infringer is a User who has had a User-Content removed from the Services more than twice and/or has been notified of infringing activity more than twice.

    • In addition, the Company reserves the right to terminate its agreement with you if:

      • The provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially or otherwise viable.

      • Your user account is inactive for more than 2 months.

      • If the amount of User Data Processed by us exceeds by 10% any stated data limit for a period of more than 15 consecutive days.

In this event, we will provide you 15 working days / 20 calendar days’ notice of termination, sent to your registered email address. After such period, if we do not hear from you (by responding to the notification or contacting us as set out below), we will remove your data and deactivate your account. We will keep a backup copy of your data for an additional period of 15 working days / 20 calendar days from deactivation in case you miss this notification. However after that period, we reserve the right to delete all your data from our systems.

10 - On termination

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    • When these Terms are terminated due to breach (including, without limitation, repeated infringement by you), the Company may block or remove your access and/or account and any User-Content you have provided during the use of the Services, and take any further action required, including providing account, traffic and use data to public authorities as required by law or court order, to protect its interests.

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    • On termination for any cause, Company may block or remove your access and/or account and any User-Content you have provided during the use of the Services in accordance with the terms set out herein, and all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

F. Exclusions of Warranties and Liability

  • Warranty Disclaimer

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    • You agree that your use of the Services shall be at your sole risk.

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    • To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, express or implied (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description), in connection with the Services and your use thereof, except to the extent that they are expressly set out in the Terms.

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    • In particular, the Company does not represent or warrant to you that:

      • your use of the Services will meet your requirements,

      • your use of the Services will be uninterrupted, timely, secure or free from error,

      • any information obtained by you as a result of your use of the Services will be accurate, complete or reliable, and

      • that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

    • The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

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    • Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

12 - Limitation on Liability

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    • In no event shall the Company, its officers, directors, employees, or agents be liable to you for:

      • any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or

      • any loss or damage which may be incurred by you as a result of:

        1. any reliance placed by you on the completeness, accuracy or existence of any content, or as a result of any relationship or transaction between you and any provider of content whose Content appears on the Services (including both User-Content and Zyncro Content);

        2. any changes which Zyncro may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

        3. the deletion of, corruption of, or failure to store, any User Content and other communications data maintained or transmitted by or through your use of the Services;

        4. any errors in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services

        5. any bugs, viruses, or the like, which may be transmitted to or through the Services by any third party, and/or

        6. your failure to provide Zyncro with accurate account information;

        7. your failure to keep your password or Zyncro account details secure and confidential; or

        8. any unauthorized access to or use of our servers and/or any information stored therein.

    • The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

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    • You specifically acknowledge that the Company shall not be liable for User-Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

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    • The Services are controlled and offered by Zyncro from its facilities in Spain. Zyncro makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.



G. Other terms

13 - Assignment

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    • These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

14 - Indemnity

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    • You agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User-Content caused damage to a third party. This defence and indemnification obligation will survive termination of these Terms and your use of the Services.

15 - Other

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    • You agree that: (i) the Services shall be deemed solely based in Spain; and (ii) the Services shall not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Spain.

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    • These Terms of Service shall be governed by the laws of Spain. Any claim or dispute between you and the Company that arises in any part from the Services shall be decided exclusively by a court of competent jurisdiction located in Barcelona, Spain.

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    • These Terms of Use, together with the Privacy Notice and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website and the Services.

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    • If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

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    • No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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    • You are solely responsible for your interactions with other Zyncro users. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.



For any questions or comments about this Agreement, please contact us at legal@zyncro.com

This Terms of Use Agreement was last modified June 1st, 2010.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.



Third party rights - Infringement Notification

If a User or third party considers that any content processed by the Services involve unlawful activities and, particularly, if they infringe their intellectual or industrial property rights (copyrights, patents, trade marks and trade names, etc.) or any other rights, or is published fraudulently or in bad faith, the User should send us a notification including the following elements:

  • Claimant’s personal information: name, address, phone number and e-mail address.

  • Identification of the possible unlawful activity in the Web Site and if it specifically concerns infringement of third party rights, precise and concrete identification of the protected rights and the web pages.

  • Acts or circumstances that reveal the unlawfulness of such activities;

  • In case of rights infringement, a hand-written signature or equivalent signature, and personal identification of the owner of the infringed rights or the agent authorized to act on her behalf.

  • An express and clear statement in which the claimant asserts, under his/her responsibility, that all the provided information is accurate and that referenced activities are unlawful.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.