This notice is compulsory reading and regulates the conditions for use and confidentiality policy that have to be observed and respected by users of the LonelyID service. This notice should be read carefully, as accessing the service and/or using its results implies that the user has read and accepted, without exception, the following conditions.
GENERAL
In accordance with Spain's Law on Information-Society Services and e-Commerce and other supplementary legislation, you are informed that the website is owned by Conductiva Online Services SL , referred to hereinafter as "Conductiva Online", whose registered address is c/ pare gallissà, 5, 1r 1a, 08500, Barcelona, Spain, and whose Tax Code is B65152100.
TERMS OF USE FOR THE LONELYID SERVICE
Your access and use of the LonelyID service ("LonelyID") is subject to having read these TERMS OF USE OF THE LONELYID SERVICE in full, in the version in force at the time of access, and accepting them in their entirety, expressly and without reservation before using the site, hence the need to read them carefully. Users not consenting to these terms of use must refrain from using the website www.lonelyid.com and LonelyID service and operating within it.
LEGITIMATE USES ONLY
The LonelyID service is made available to you for your personal, non-commercial or commercial use at your own risk. You may not use the functionality provided by the LonelyID service with an existing product or service that competes with products or services offered by Conductiva Online. If you are interested in doing anything different than the foregoing, you must first obtain Conductiva Online's written consent. If you fail to do so, Conductiva Online reserves the right to take legal action.
Furthermore, you may not use LonelyID in any manner that either directly or indirectly violates any laws or proprietary rights. This includes laws and proprietary rights in Spain as well as in other countries. If you have questions on your contemplated use or if you have comments on LonelyID or ideas on how to improve it, please use the feedback section in www.lonelyid.com. Please note that by doing so, you also grant Conductiva Online permission to use and incorporate your ideas or comments into LonelyID without further compensation.
INTELLECTUAL PROPERTY
You agree not to remove, obscure, or alter Conductiva Online's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within LonelyID. You also acknowledge that Conductiva Online owns all right, title and interest in and to LonelyID, including without limitation all intellectual property rights (the "Conductiva Online Rights"). The Conductiva Online Rights include rights to the following: (1) the APIs developed and provided by Conductiva Online and (2) all software associated with the LonelyID server. The Conductiva Online Rights do not include the following: (1) third-party components used as part of LonelyID; or (2) software developed by you in conjunction with using LonelyID.
PUBLICITY
So long as you comply with your obligations under this Agreement, you may indicate that a product or service that you created either used or is based on LonelyID provided that those products or services do not in Conductiva Online's reasonable opinion (1) tarnish, infringe, or dilute Conductiva Online's trademarks, (2) violate any applicable law, and (3) infringe any third-party rights. If you wish to use the CONDUCTIVA or LONELYID trademark and/or logo in any other manner, you must first obtain Conductiva Online's written consent.
DISCLAIMER OF WARRANTIES
The LonelyID service is currently in beta form and has not been fully tested or debugged. Accordingly, Conductiva Online disclaims any responsibility for any harm resulting from your use of LonelyID.
The LonelyID service is provided "as is," with no warranties whatsoever. Conductiva Online expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Conductiva Online disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of LonelyID.
You understand and agree that you use LonelyID at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of LonelyID.
LIMITATION OF LIABILITY
The LonelyID service is being provided free of charge. Accordingly, you agree that Conductiva Online shall have no liability arising from or based on your use of LonelyID.
Under no circumstances shall Conductiva Online be liable to any user on account of that user's use or misuse of LonelyID. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Conductiva Online has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the LonelyID, from inability to use LonelyID, or from the interruption, suspension, or termination of LonelyID (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Conductiva Online, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of LonelyID, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Conductiva Online reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
TERM AND TERMINITATION
If you wish to terminate this Agreement, you may simply cease using the LonelyID service. Conductiva Online may terminate this Agreement (and the service) at any time, with or without cause.
APPLICABLE LAW
This Agreement is subject to the laws of Spain, and the parties agree to submit all disputes for settlement to the Courts of Vic, Spain.
CONFIDENTIALITY POLICY
Data gathering and consent to processing the data gathered
In compliance with Spanish Law on the Protection of Personal Data, you are informed that any personal data requested in our forms or that may be supplied to us by means of our email addresses will be added to our personal data files, which are owned and controlled by Conductiva Online. Hence when users provide personal data through filling in any of the forms they are asked to complete and agree to send them in, or when users send us emails containing personal data, they expressly authorise and give their consent to Conductiva Online for the purpose of processing and including in our files those personal data and any others that may be provided in connection with the users' participation in or use of the various products and services offered in the website, though such authorisation is revocable (with no retroactive effect), and the users also thereby accept the processing terms as set down hereunder.
You are also informed that all the data will be processed with the greatest confidentiality and in accordance with current legislation on the protection of personal data, and that our files are legally registered with the General Registry of the Catalan Data Protection Agency.
Conductiva Online shall not be held responsible for the data processing carried out by any websites that users may visit via links from www.lonelyid.com.
LonelyID service is governed by the legal provisions applying exclusively to Spain, and all the users, whether from Spain or abroad, are subject to those legal provisions.
Users' rights to access, correct or cancel their data
Users have the right to access the information compiled on them in Conductiva Online's files, to correct the data if they are incorrect, to cancel them, and to oppose the processing of those data, in accordance with the terms set down in the pertinent Law, by contacting Conductiva Online SL, C/ Pare Gallissa, 5, 1-1, 08500 Vic (Barcelona), Spain.
To enable us to keep your personal data up-to-date, it is important that you tell us about any change arising, for otherwise we cannot provide assurances on the accuracy of those data.
If you do not expressly cancel your personal data from our files, we will assume that you remain interested in the data being held for as long as they are relevant for the purpose for which they were obtained, and for as long as Conductiva Online deems appropriate.
Security
In response to the trust placed in us, and bearing in mind the important requirement of protection and confidentiality for the users' data, Conductiva Online informs you that all the technical and organisational measures needed for safeguarding the security of the data have been taken, as required by current regulations on security measures for files containing personal data.
Cookies
Conductiva Online hereby notifies users that cookies are employed as they surf around the screens and pages of www.lonelyid.com. Though the cookies used by Conductiva Online are stored on the users' hard drive, the cookies cannot read other data stored on those drives or the cookie files created by other service providers. Conductiva Online uses cookies for the purpose of recognising the users who have registered in order to be able to offer them a better, more personalised service (language preferences etc.). They are also used to obtain completely anonymous data on website access (the date, the hour and minute, frequency data etc.), in order to measure certain website traffic parameters and to compute the number of visits, so that Conductiva Online can orientate and fine-tune the services it offers more effectively. However, users can prevent cookies being generated through the relevant set-up option in their browser program; if they do, the website will remain operational, though without the advantages of personalisation.
Commercial communications by email
In compliance with the Law on Information-Society Services and e-Commerce, which forbids the dispatch of commercial communications by email unless the dispatch has been expressly authorised by the recipients, you are informed that by accepting these terms of use and confidentiality policy you give your express authorisation for dispatches of an informative, commercial, advertising or promotional nature being sent to you at the address you have provided. However, if you do not wish to receive our commercial communications by email, you can request not being sent any more of any particular commercial series by following the instructions included in each email sent out.
CHANGES TO THESE TERMS OF SERVICE AND CONFIDENTIALITY POLICY
Conductiva Online reserves the right to amend its terms of service and data protection policy in the future at is own discretion or in response to changes in legislation, case law or business practice. In the event of Conductiva Online making any changes, the new text will be published on www.lonelyid.com, where users can become acquainted with the new terms of service and data protection policy. In all cases, however, relations with users shall be governed by the provisions in place at the very moment in which they access the LonelyID service, and thus users must read the provisions every time they supply their data through www.lonelyid.com.
