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TERMS OF USE OF THE PORTAL ========================== 1. TERMS OF USE AND THE ACCEPTANCE THEREOF These general terms and conditions (hereinafter, the General Conditions) regulate the use of the Internet portal www.thelastemail.com (hereinafter, the Portal) that GLOBAL SPECTRUM S.L. (hereinafter, GLOBAL) places at the disposal of Internet users free of charge. The person making use of the Portal (hereinafter, User) implies his/her full acceptance, without reservations, of each and every one of the General Conditions, of the version published by GLOBAL at the moment the User accesses the Portal. The use of certain services offered to the Users through the Portal are subject to particular conditions relating specifically to that service, (hereinafter, the Specific Conditions) and may substitute, complete, or modify the General Conditions. Therefore, before using such services, the User must also carefully read the corresponding Specific Conditions. Likewise, the use of the Service is also subject to all warnings, regulations of use and instructions brought to the Users knowledge by GLOBAL, which complete the provisions of these General Conditions, to the extent that they do not contradict them. 2. OBJECT Through the Portal, GLOBAL provides access to and use of various services and contents placed at the disposal of the Users by GLOBAL or by third party users of the Portal and/or third party suppliers of services or contents (hereinafter, the Services). GLOBAL reserves the right to unilaterally modify, at any time and without prior warning, the presentation and configuration of the Portal and Services, as well as the conditions to be met when using the Portal and the Services, in particular to charge for all or part of the elements that integrate the Services. 3. CONDITIONS TO ACCESS AND TO USE THE PORTAL 3.1. Free nature of the access and use of the Portal The provision for the use of the Portal by GLOBAL is free of charge and does not require subscription or registration on the part of the User prior to its use thereof. Notwithstanding the above, some Services may require the User to be subscribed or registered and/or the payment, as expressly indicated in their corresponding Specific Conditions. 3.2. Obligation to use the Portal and the Services correctly The User undertakes to use the Portal and the Services in accordance with the law, these General Conditions and with generally accepted ethics, proper conduct and public order. The User agrees not to use the Portal or the Services for ends or purposes that are illegal, prohibited by these General Conditions, that violate and are harmful to the rights and interests of third parties or that in any way may damage, render useless, overload or deteriorate the Portal and the Services, or prevent the normal use or enjoyment of said Portal and Services by other Users. 3.3. Methods for obtaining Contents The User shall abstain from obtaining or attempting to obtain information, messages, graphics, drawings, image and/or sound files, photographs, recordings, software and, in general, any type of material accessible through the Portal or the Services (hereinafter, the Contents) by employing methods or procedures other than those, according to the particular case, that have been placed at his/her disposal for this purpose or that have been indicated for this purpose in the web pages where the Contents are located or, in general, that are commonly used over the Internet for this purpose, provided that these do not imply a risk that the Portal, Services and/or Contents will be damaged or rendered inoperative. 3.4. Correct use of the Contents The User undertakes to use the Contents diligently, correctly and in a legal manner and, in particular, undertakes to abstain from (a) using the Contents for ends or purposes that are in violation of the law, of generally accepted ethics and proper conduct and public order; (b) reproducing or copying, distributing, permitting access to the public by any means of public communication, transforming or modifying the Contents, unless granted the authorisation to do so be the titleholder of the corresponding rights thereover or if it is legal to do so; (c) deleting, avoiding or manipulating the copyright and other identifying data as to the rights held by GLOBAL or other titleholders incorporated into the Contents, as well as the technical protection devices, digital fingerprints or any other information mechanisms that might be contained in the Contents; (d) using the Contents and, in particular, information of any kind accessed through the Portal or the Services in order to send advertising or communications for the purposes of direct sale or for any other commercial purpose, unrequested messages addressed to multiple persons independently of the purposes thereof, as well as abstain from commercialising or disclosing such information in any way. 3.5. Introduction of hyperlinks allowing access to the Portals web pages and the Services The Users and, in general, those persons wishing to create a hyperlink between their web page and the Portal (hereinafter, the Hyperlink) must meet the following conditions: (a) the Hyperlink will only allow access to the Portals web pages and may not reproduce them in any way; (b) hyperlinks shall not be established with the Portals web pages other that the home-page or the first page of the Portal or of the Services; (c) browsers and border environments shall not be created on the Portals web pages; (d) false, inaccurate or incorrect declarations shall not be made on the web pages of the Portal or the Services and, in particular, it shall not be declared or made understood that GLOBAL has authorised the Hyperlink or supervised or assumed in any way whatsoever the contents or services offered or made available in the web page where the Hyperlink is established; (e) except for the signs that form part of the Hyperlink itself, the web page in which the Hyperlink is established shall not contain any trademarks, trade names, signage, names, logos, slogans, or other distinctive signs belonging to GLOBAL; (f) the web page in which the Hyperlink is established will not contain information or contents that are illegal or contrary to generally accepted ethics and proper conduct and public order, and shall not include contents that violate the rights of third parties. The establishment of the Hyperlink will, in no event, imply the existence of a relationship between GLOBAL and the owner of the web page in which said Hyperlink is established, or the acceptance or appropriation by GLOBAL of its contents or services. 3.6. Liability for damages The User will be liable for the damages and losses of any kind that GLOBAL suffers, be it directly or indirectly, as a result of the breach of any of the obligations deriving from these General Conditions or the law in respect of the use of the Portal. 4. PERSONAL DATA In order to use some of the Services, the Users must provide certain data of a private and personal nature (hereinafter, the Personal Data). GLOBAL will process the Personal Data by automated means for the purposes set forth in the conditions defined in its Data Protection Policy published in the URL http://www.thelastemail.com/pol.aspx 5. USE OF COOKIE TECHNOLOGY GLOBAL uses cookies when a User browses the web pages of the Portal. Our cookies are only associated with an anonymous User and his/her computer and do not provide references that allow the deduction of the name and surname thereof. The GLOBAL cookies cannot read data from the hard disk or cookie files created by other suppliers. GLOBAL encrypts the users identifying data for increased security. Thanks to the cookies, it is possible for GLOBAL to recognise the registered Users once these have registered for the first time, without them having to register on each visit to access the areas and services that are reserved exclusively for them. The User has the option of configuring his/her browser to warn of the receipt of cookies and prevent the installation thereof on his/her hard disk. Please, see the instructions and manuals of your browser for further information in this respect. In order to use the Portal, it is not necessary for the User to allow the installation of cookies sent by GLOBAL, notwithstanding the fact that, in this case, the User will have to register each time he/she accesses a service requiring prior registration. 6. USE OF THE PORTAL, OF THE SERVICES AND THE CONTENTS ARE THE EXCLUSIVE RESPONSIBILITY OF THE USER The User acknowledges and voluntarily accepts that the use of the Portal, of the Services and the Contents shall be, in any event, their sole and exclusive responsibility. 7. EXCLUSION OF GUARANTEES AND LIABILITY 7.1. Exclusion of guarantees and liability for the operation of the Portal and the Services 7.1.1. Availability, continuity, usefulness and fallibility GLOBAL does not guarantee the availability and continuity of the operation of the Portal and the Services. When reasonably possible, GLOBAL will issue prior warning as to an interruption to the operation of the Portal and the Services. GLOBAL does not guarantee the usefulness of the Portal or the Services in relation to any specific activity, or its infallibility and, in particular, although not exclusively, that the Users may effectively use the Portal and the Services, access the various web pages making up the Portal or those from which the Services are provided. GLOBAL IS FREE FROM ANY LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE THAT MAY BE CAUSED DUE TO THE LACK OF AVAILABILITY OR CONTINUITY OF OPERATION OF THE PORTAL AND THE SERVICES, THE LACK OF USEFULNESS THAT THE USERS MAY HAVE ATTRIBUTED TO THE PORTAL OR THE SERVICES AND THE FAULTS TO THE SERVICE, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, TO FAULTS IN THE ACCESS OF THE VARIOUS WEB PAGES COMPRISING THE PORTAL OR THOSE FROM WHICH THE SERVICES ARE PROVIDED. 7.1.2. Privacy and security in the use of the Portal and the Services GLOBAL does not guarantee privacy and security when using the Portal or the Services and, in particular, does not guarantee that unauthorised third parties cannot obtain knowledge of the type, conditions, characteristics and circumstances of use made by the Users of the Portal and the Services. GLOBAL IS FREE FROM ALL LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE DERIVING FROM THE KNOWLEDGE THAT THIRD PARTIES MAY OBTAIN AS TO THE TYPE, CONDITIONS, CHARACTERISTICS OF USE AND CIRCUMSTANCES UNDER WHICH THE USERS USE THE PORTAL AND THE SERVICES. 7.2. Exclusion of guarantees and liability for the Contents 7.2.1. Quality GLOBAL does not control or guarantee the absence of viruses or other elements in the Contents that may cause alternations in your computer system (software and hardware) or in the electronic documents and files stored therein. GLOBAL IS FREE FROM LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE THAT MAY DERIVE FROM THE PRESENCE OF VIRUSES OR OTHER ELEMENTS IN THE CONTENTS THAT CAUSE ALTERATIONS TO COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS AND FILES BELONGING TO THE USERS. 7.2.2. Legality, accuracy and usefulness of the Contents GLOBAL does not guarantee the legality, accuracy or usefulness of the Contents. GLOBAL IS FREE FROM ALL LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE CAUSED BY THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING OF OR ACCESS TO THE CONTENTS, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR THE DAMAGES AND LOSSES THAT MAY BE DUE TO (A) A VIOLATION OF THE LAW, GENERALLY ACCEPTED ETHICS AND PROPER CONDUCT AND PUBLIC ORDER AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING OF OR ACCESS TO THE CONTENTS; (B) A VIOLATION OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, OF CORPORATE SECRETS, OF CONTRACTUAL COMMITMENTS OF ANY KIND, OF THE RIGHTS TO REPUTATION, PERSONAL AND FAMILY PRIVACY AND IMAGE OF INDIVIDUALS, OF OWNERSHIP RIGHTS AND OF RIGHTS OF ANY OTHER NATURE HELD BY THIRD PARTIES, AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING OF OR ACCESS TO THE CONTENTS; (C) THE PERFORMANCE OF ACTIVITIES INVOLVING UNFAIR COMPETITION OR ILLEGAL ADVERTISING AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING OF OR ACCESS TO THE CONTENTS; (D) THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS, OWNERSHIP AND/OR UP TO DATE NATURE OF THE CONTENTS; (E) THE INADEQUATE NATURE FOR ANY PURPOSE AND THE LACK OF USEFULNESS IN RELATION TO THE EXPECTATIONS GENERATED BY THE CONTENTS; (F) THE NON-FULFILMENT, DELAY IN FULFILMENT, FAULTY FULFILMENT OR TERMINATION FOR WHATEVER CAUSE OF THE OBLIGATIONS ENTERED INTO BY THIRD PARTIES AND CONTRACTS EXECUTED WITH THIRD PARTIES THROUGH OR AS A RESULT OF THE ACCESS TO THE CONTENTS; (G) THE FAULTS AND DEFECTS OF ANY KIND TO THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, MADE AVAILABLE OR IN ANY OTHER WAY TRANSMITTED OR MADE AVAILABLE, RECEIVED, OBTAINED OR TO WHICH ACCESS HAS BEEN GAINED THROUGH THE PORTAL OR THE SERVICES. 7.2.3. Truthfulness, accuracy, completeness and up to date nature GLOBAL does not guarantee the truthfulness, accuracy, completeness and up to date nature of the Contents. GLOBAL IS FREE FROM ANY LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE THAT ARE DUE TO THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS AND/OR UP TO DATE NATURE OF THE CONTENTS. 7.3. Exclusion of guarantees and liability for the services provided by third parties through the Portal 7.3.1. Quality GLOBAL does not control or guarantee the absence of viruses or other elements in the services provided by third parties through the Portal that may cause alternations in your computer system (software and hardware) or in the electronic documents and files stored therein. GLOBAL IS FREE FROM LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE THAT MAY DERIVE FROM THE PRESENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL THAT CAUSE ALTERATIONS TO COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS AND FILES BELONGING TO THE USERS. 7.3.2. Legality, accuracy and usefulness GLOBAL does not guarantee the legality, accuracy and usefulness of the services provided by third parties through the Portal GLOBAL IS FREE FROM ALL LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE CAUSED BY THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL AND, IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR THE DAMAGES AND LOSSES CAUSED BY (A) A VIOLATION OF THE LAW, GENERALLY ACCEPTED ETHICS AND PROPER CONDUCT AND PUBLIC ORDER AS A RESULT OF THE PROVISION OF THE SERVICES BY THIRD PARTIES THROUGH THE PORTAL; (B) A VIOLATION OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, OF CORPORATE SECRETS, OF CONTRACTUAL COMMITMENTS OF ANY KIND, OF THE RIGHTS TO REPUTATION, PERSONAL AND FAMILY PRIVACY AND IMAGE OF INDIVIDUALS, OF OWNERSHIP RIGHTS AND OF RIGHTS OF ANY OTHER NATURE HELD BY THIRD PARTIES AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE PORTAL; (C) THE PERFORMANCE OF ACTIVITIES INVOLVING UNFAIR COMPETITION OR ILLEGAL ADVERTISING AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE PORTAL; (D) THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS, OWNERSHIP AND/OR UP TO DATE NATURE OF THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, RECEIVED, OBTAINED, MADE AVAILABLE OR ACCESSED BY WAY OF THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL; (E) THE INADEQUATE NATURE FOR ANY PURPOSE AND THE LACK OF USEFULNESS IN RELATION TO THE EXPECTATIONS GENERATED BY SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL; (F) THE NON-FULFILMENT, DELAY IN FULFILMENT, DEFECTIVE FULFILMENT OR TERMINATION FOR WHATEVER CAUSE OF THE OBLIGATIONS ENTERED INTO BY THIRD PARTIES AND CONTRACTS EXECUTED WITH THIRD PARTIES IN RELATION TO OR DUE TO THE SERVICES PROVIDED THROUGH THE PORTAL; (G) THE FAULTS AND DEFECTS OF ANY KIND TO SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL. 7.4. Exclusion of guarantees and liability for the services and contents located outside the Portal The Portal places at the Users disposal technical link mechanisms (such as, among others, links, banners, buttons), directories, and search tools that allow the User to access web sites belonging and/or managed by third parties (hereinafter, Linked Sites). The sole purpose of the installation of these links, directories and search engines is to aid the Users in the search for and access to information available over the Internet. GLOBAL does not offer or commercialise, on its own behalf or on that of the third parties, the products and services available in the Linked Sites. GLOBAL does not previously control, approve, supervise or make its own the products, services, contents, information, data, files, products or any type of material existing in the Linked Sites. Therefore, the User must exercise extreme judgement and prudence in evaluating and using the services, information, data, files, products and any other kind of material existing in the Linked Sites. GLOBAL DOES NOT GUARANTEE OR ASSUME ANY LIABILITY WHATSOEVER FOR THE DAMAGES AND LOSSES OF ANY NATURE CAUSED BY (A) THE OPERATION, AVAILABILITY, ACCESSIBILITY OR CONTINUITY OF THE LINKED SITES; (B) THE MAINTENANCE OF THE SERVICES, CONTENTS, INFORMATION, DATA, FILES, PRODUCTS AND ANY KIND OF MATERIAL EXISTING IN THE LINKED SITES; (C) THE PROVISION OR TRANSMISSION OF THE SERVICES, CONTENTS, INFORMATION, DATA, FILES, PRODUCTS AND ANY KIND OF MATERIAL EXISTING IN THE LINKED SITES; (D) THE QUALITY, LEGALITY, ACCURACY, AND USEFULNESS OF THE SERVICES, CONTENTS, INFORMATION, DATA, FILES, PRODUCTS AND ANY KIND OF MATERIAL EXISTING IN THE LINKED SITES, UNDER THE SAME TERMS AND WITH THE SAME SCOPE AS SET FORTH IN GENERAL CONDITION 7.2 AND 7.3 AS REGARDS THE CONTENTS AND THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL. 7.5. Exclusion of guarantees and liability for the use of the Portal, the Services and the Contents by the Users GLOBAL is not obliged to and does not control the use made by the Users of the Portal, the Services and the Contents. In particular, GLOBAL does not guarantee that the Users will use the Portal, the Services and the Contents in accordance with these General Conditions and, as appropriate, the applicable Specific Conditions or that they will do so diligently and prudently. GLOBAL is not obliged to verify and does not verify the identity of the Users or the truthfulness, validity, completeness and/or authenticity of the data provided by the Users about themselves to other Users. GLOBAL IS FREE FROM ALL LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE DUE TO THE USE OF THE SERVICES AND THE CONTENTS BY THE USERS OR THAT MAY BE DUE TO THE LACK OF TRUTHFULNESS, VALIDITY, COMPLETENESS AND/OR AUTHENTICITY OF THE INFORMATION PROVIDED BY USERS TO OTHERS ABOUT THEMSELVES AND, IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR THE DAMAGES AND LOSSES OF ANY NATURE THAT ARE DUE TO THE ASSUMPTION OF THE IDENTITY OF A THIRD PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE PORTAL 8. LICENCE GLOBAL does not confer any licence or authorisation whatsoever over its intellectual or industrial property rights, or over any other property or right relating to the Portal, Services or Contents. 9. DENIAL OR WITHDRAWAL OF ACCESS TO THE PORTAL AND/OR THE SERVICES GLOBAL reserves the right to deny or withdraw access to the Portal and/or Services, at any time and without being required to issue prior warning, to any Users that fail to comply with these General Conditions or the applicable Specific Conditions. 10. PROCEDURE IN THE EVENT OF A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS In the event any User or a third party should consider that any of the Contents have been included in the Portal in violation of his/her intellectual property rights, notification should be sent to GLOBAL containing the following: (a) personal details: name, address, telephone number and e-mail address of the claimant; (b) authentic signature or equivalent, with the personal details of the titleholder of the rights that have allegedly been infringed or of the person authorised to act for and on behalf thereof; (c) precise and specific indication of the Contents protected by intellectual property rights, as well as the location thereof in the Portal; (d) express and clear declaration that the use of the indicated Contents has been carried out without the consent of the titleholder of the intellectual property rights thereover which have allegedly been violated; (e) express declaration, under the claimants responsibility, that the information provided in the notification is accurate and that the use of the contents constitutes a violation of his/her intellectual property rights. 11. TERM AND TERMINATION The provision of the Portal service and other Services shall, in principle, have an indefinite term. However, GLOBAL is entitled to terminate or suspend the provision of the Portal service and/or any of the other Services at any time, without prejudice to the provisions in this respect included in the corresponding Specific Conditions. When reasonably possible, GLOBAL will issue prior warning as to the termination or suspension of the provision of the Portal service and other Services. 12. APPLICABLE LAW AND JURISDICTION These Terms and Conditions are governed by the laws of Spain. Each party hereby consents to the exclusive personal jurisdiction of Spain, acknowledges that venue is proper only in a court in Spain, Dade County, and waives any objection that may exist, now or in the future, with respect to any of the foregoing Any suggestions or collaboration proposals should be sent by e-mail to mail@thelastemail.com Copyright 2003-2004 Global Spectrum, S.L. Apartado 4315, 31080 - Pamplona - Navarra - Spain Total or partial reproduction prohibited. Legal warning.
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