The following General Subscription Conditions (hereafter referred to as “G.S.C.) regulate the subscription contract and other rights and obligations that may derive from the use of the “Services of Yourdictionaries.com” (hereafter referred to as “the Service”) which the company SPES EDITORIAL, S.L. (hereafter referred to as “SPES”) will make available to internet users through the website www.yourdictionaries.com conditional on prior subscription and payment by the user of the corresponding subscription fee.
1. ACCEPTANCE OF THE GENERAL SUBSCRIPTION CONDITIONS
The process of subscription by a user for access to and use of the Service confers upon the user the condition of customer (hereafter referred to as “the Customer”) and constitutes the full and unconditional consent and acceptance of the Customer, of each and all of the clauses and conditions of the G.S.C. which shall be made available at all time to the Customer within the website www.yourdictionaries.com.
The Customer, prior to accepting, assumes full responsibility for having read and understood in their entirety the G.S.C. and other terms and conditions relevant to the Service offered by SPES in the website www.yourdictionaries.com and to subscription to the content contained therein, and to the instructions and indications which, for the purpose of navigation within the aforementioned website, are present in each of the component web pages. The Customer furthermore agrees to fully accept these.
As a subscriber to the Service, the Customer will have access to a subscriber zone within the website www.yourdictionaries.com which offers online consultation of dictionaries.
To subscribe to the Service as a Customer, users must first read the terms and conditions laid out in the G.S.C. before registering and completing the subscription application form that appears in the Service presentation page. Once the terms of the G.S.C. have been accepted and the corresponding subscription fee paid, the user will have access to the content provided by the Service for the duration of the period of the subscription.
The subscription to the Service gives the right of access for the exclusive and non transferable use of the Customer only. The service provided to the Customer through subscription to the Service is limited to individuals persons only, being expressly forbidden the subscription to the Service by groups of more than 1 person or by organisations of any kind. Where interest exists in contracting the Service by groups of persons or by organisations through a collective subscription, the interested parties should contact SPES Customer Service personally.
In the case of minors, the subscription application should be completed, signed and sent by a parent or legal guardian of the minor.
4. LIMITATIONS OF USE
All content contained in the Service remains the intellectual and industrial property of SPES which reserves all rights to the content. SPES under no circumstance grants license or authorization for the reproduction, distribution and/or public communication of information, messages, graphics, drawings, logos, audio or image of any kind, photographs, recordings or software and, in general any manner of material of any kind accessible through the Service, in part or in whole, without the specific prior written consent of SPES.
Furthermore, the use of any computer program or other tool to permit the systematic downloading of content offered by SPES through the website for whatever purpose specifically including but not restricted to the total or partial reconstruction of the website is specifically and absolutely forbidden.
5. USE OF THE SERVICE BY THE CUSTOMER
The Customer agrees to use the Service in accordance with the G.S.C. all relevant legislation, acceptable moral and ethical standards, and generally in accordance with fair practice and the interests of public order. In particular the Customer agrees to neither damage, obstruct, deteriorate nor cause any other negative impact on the Service nor to impede in any way the normal use of the Service by other Customers.
Access to the Service via robot or any other mechanized or automated system or by any means other than the individual access by the Customer is specifically forbidden. Any access to the Service via robot or any other mechanized or automated system, or by any means other than the individual and personal access by the Customer will constitute a serious breach in the protection of the intellectual property of SPES and in the measurement of web traffic, and in the case of detection of any such practices SPES reserves the right to cancel all access to the Service, the obligations of SPES being limited to the communication of this decision to the Customer. SPES furthermore reserves the right to pursue any such conduct through all appropriate channels.
In order to access the Service, it is necessary for the Customer to select, use and to conserve a “Username”, in addition the Customer will receive, by e-mail, a “Password” which will be supplied by the Service.
The Customer may not select a Username composed of words, expressions or combinations of symbols or letters that may be considered distasteful, insulting, which coincide with brand names or other commercial trademarks or names, social denominations, publicity slogans, names or pseudonyms of famous or otherwise socially recognised persons unless specific permission exists and, in general any Username that contravenes any legislation or acceptable bounds of morality, ethics or good taste.
Use of the Service requires the Customer, on each and every occasion on which the Service is accessed, to enter, in the relevant spaces which appear on the home page of Yourdictionaries.com, the Username and Password which were assigned at the time of subscription to the Service.
The Customer agrees to make diligent and proper use of the access information (Username and Password) and to prevent this access information from being communicated to third parties. The Customer further agrees to communicate to SPES with the absolute minimum delay the loss theft or any other occurrence that may possibly lead to the risk of access by third parties to the aforementioned access information to enable SPES to deactivate the Username and Password in question. The customer will in any case be responsible for damages and costs of any kind resulting from the unauthorized use of the Service by third parties gaining access with the username and password of the Customer. Any possible costs will be proportional to the cost of subscription and up to the moment in which the Customer requested to SPES the deactivation of the Username and password.
7. PRICE AND PAYMENT METHOD
The cost of subscription to the Service is that indicated in the subscription form for the Service.
Payment may be made by any of the accepted credit/debit cards: VISA, Mastercard, AMEX, 4B.
The subscriber fully and specifically acknowledges that the communication of their card number will result in this being communicated to the financial institution employed by the Service BANCO SANTANDER CENTRAL HISPANO and will constitute authorization for payment by the customer of the total sum of the subscription fee for the Service.
The information supplied, consisting of the credit/debit card number will be used exclusively by the financial institution BANCO SANTANDER CENTRAL HISPANO and for the purpose intended. Under no circumstances may SPES make use of this information thereby assuring the maximum possible protection of the secrecy of the financial information supplied by the Customer.
The subscription submitted by the Customer will not be considered valid until such time as the relevant financial institutions have approved the transaction. In the case of non approval the subscription will be cancelled automatically and the Customer will be notified at the time of subscription.
8. USE OF YOUR PERSONAL INFORMATION
In accordance with the legislation 15/1.999 you are informed that all data which you have supplied and which may be supplied during your commercial relationship with SPES will be included in the Customer file under the responsibility of SPES, and will be treated with the maximum confidentiality for the purpose of fulfilling your requests and payment for the Service, in addition they may also be used to send you by any means, automated or not (including but not limited to: e-mail, fax, SMS, Internet, telephone.) publicity and information related to our products and services which may be of interest to you. The aforementioned Customer file kept by SPES is duly registered in the Data Protection Registry. SPES will treat all personal data with the maximum confidentiality and security, applying a system of evaluation which will only the sending of information regarding those offers most appropriate to your specific interests. Similarly if you do not express any desire to the contrary you may receive, by any means (including but not limited to: e-mail, fax, SMS, Internet, telephone.), future information and publicity from other companies in Spain and the European Union related to the following sectors: Telecommunications, Financial, Publishing, Leisure, Hobbies, Games, Education, Consumer products, Automobiles, Energy, Water, Non Governmental Organisations, Consultancy, Medical, Furniture, Food and Drink, Collectables, Music, Video, Travel, Toys, Toiletry and Cleaning products and Insurance. Similarly you may receive commercial offers from other companies together with material received from SPES. If you wish to consult, rectify or cancel your data, or if you do not wish to receive offers for our products and services please advise us in writing to our data protection department at: C/Aribau 197-199, 08021, Barcelona , Spain , indicating clearly your full name, and e-mail address. Please be advised that the cancellation of your personal data in out Customer file will mean that you will not be able to take advantage of the benefits and offers which you would otherwise receive from Yourdictionaries.com. If you do not wish to receive publicity and information regarding products and services from other companies in related sectors please indicate this in the page provided for editing of your personal data.
Lastly, we inform you that the SPES Customer file where your data is kept complies with all security measures to guarantee the confidentiality and security with which your data is treated, in this way we guarantee the absolute security of the information with which you supply us and regarding your commercial transactions.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
No party shall be held responsible for failure to comply with the G.S.C. in the case that this failure was the result of circumstances habitually regarded by courts of law as Force Majeure or of a nature which makes impossible or unreasonably costly to maintain the Service subscribed to.
In such cases, the party affected by Force Majeure is required to immediately notify the other party and take all possible measures to comply with their obligation. If the situation of Force Majeure is of a duration of greater than 30 days, the contract may be terminated at the request of either party with no right to compensation arising from the termination.
Under current technical conditions it is not possible to guarantee the permanent availability and continuity of the Service. Therefore, SPES declines all liability for damages and losses of any nature that may arise from the lack of availability and/or continuity of the functioning of the Service. Where reasonably possible, SPES will give prior notice of any interruptions to the functioning of the Service.
SPES neither controls nor guarantees the absence of virus or other elements in the content which may produce alterations to their computer systems (software and hardware) or to the electronic documents and files stored in their computer systems.
SPES is unable to guarantee the confidentiality, secrecy or security of any communications via Internet due to the lack of such guarantees from the operators of the Internet itself. Therefore, the Customer accepts this circumstance and any possible consequences arising from this.
10. WITHDRAWAL OF ACCESS TO THE SERVICE
SPES reserves the right to withdraw access to the Service from those Customers infringing the terms and conditions set out in the present G.S.C. In such cases SPES will notify the Customer stating the motives for the decision, and, except in the case that any damages of losses have been incurred will refund to the Customer the proportional part of the subscription fee for the period during which the Customer is not authorised to access the Service. The withdrawal of access to the Service will be effective immediately from the moment in which SPES notifies the Customer by e-mail to the e-mail address supplied by the Customer at the time of completion of the application form for subscription to the Service.
11. DURATION OF SUBSCRIPTION
The subscription to the service commences at the moment of payment for the subscription and the duration will depend on the subscription period chosen. The Customer may chose to renew the subscription at any moment.
12. APPLICABLE LAW AND DISPUTES
The general terms and conditions set out herein and referred to as the G.S.C. are subject to Spanish law and in accord with the legislation set out in article 11 of the Law 7/98 of April 13 th they shall be subject to the scrutiny of a Notary Public and duly registered in the Register of General Conditions kept by the Mercantile Registry. All identifying references to such registration will be clearly reflected in the subscription form. For the resolution of any dispute related to the validity, interpretation, compliance or incompliance of the Terms and conditions set out herein and referred to as the G.S.C. all parties agree to be subject to the arbitration of the Courts and Tribnals of the city of Barcelona, Spain, renouncing specifically any other Courts or legal jurisdiction.