GENERAL CONDITIONS FOR USE OF THE YOULYNX WEB SITE
NOTICE TO THE USER
READ THIS DOCUMENT CAREFULLY. ACCESS, NAVIGATION, USE, STORAGE AND/OR DOWNLOAD OF THE CONTENT AND/OR USE OF THE WWW.YOULYNX.COM WEB PAGE SERVICES (HEREAFTER REFERRED TO AS THE WEB SITE) PROVIDED BY YOULYNX, S.L (HEREAFTER REFERRED TO AS YOULYNX) IMPLIES EXPRESS ACCEPTANCE WITHOUT RESERVATION ON YOUR PART OF ALL OF THE TERMS OF THESE PRESENT GENERAL CONDITIONS OF USE, AS WELL AS THE SPECIAL CONDITIONS FOR DOWNLOAD OF WAP CONTENT AND THE PRIVACY POLICY SPECIFIED IN THIS DOCUMENT, HAVING THE SAME VALIDITY AND EFFICACY OF ANY CONTRACT CELEBRATED IN WRITING AND SIGNED.
YOU MUST CAREFULLY READ THE ENTIRE CONTENT AND EACH ONE OF THE DETAILED DOCUMENTS FIRST.
OBSERVANCE AND COMPLIANCE TO THESE GENERAL CONDITIONS OF USE IS REQUIRED FOR ANY INDIVIDUAL WHO ACCESSES, BROWSES, USES, STORES AND/OR DOWNLOADS CONTENT AND/OR MAKES USE OF THE WEB SITE SERVICES. IF YOU DO NOT AGREE WITH THE TERMS IN THESE GENERAL CONDITIONS FOR USE, WITH THE TERMS IN THE SPECIAL CONDITIONS FOR DOWNLOAD OF WAP CONTENT AND/OR WITH THE TERMS OF THE PRIVACY POLICY, DO NOT ACCESS, BROWSER, USE, STORE, DOWNLOAD CONTENT AND/OR USE THE WEB SITE SERVICES.
1. IDENTIFYING DATA
The title of the Web Site is YOULYNX, an entity whose headquarters are at Paseo de la Castellana, 135, 3B, 28046 Madrid and whose VAT no is B85152833. The company is registered in the Madrid Commercial Registry (Registro Mercantil de Madrid), in Volume 24531, Book 0, File 192, Section 8, Page M441451.
YouLynx may be contacted via the following means:
YouLYnx, S.L.
Paseo de la Castellana, 135, 3B
28046– Madrid
Tel.: +34 915 671 240
Fax: +34 914 313 487
2. PURPOSE
These are the General Conditions of Use (hereafter referred to as General Conditions) which regulate access, browsing, use, storage and/or download of Content, and/or use of the Services by any User of the YOULYNX Web Site. The Web Site may be accessed with a computer or a cell phone.
Furthermore, these General Conditions regulate the responsibilities arising from access, browsing, use, storage, and/or download of Content, and/or use of the Web Site Services.
"Content" is understood to mean, among other items, text, graphics, software, photographs, music, videos, sounds, images, logos, marks, expressions and information, as well as any creation protected by national regulations and international treaties in respect to Intellectual and Industrial Property. "Services" is understood to indicate, among others, the creation of a User profile, publication of the profile to other Users, reproduction of videos, use of the public message boards, use of the personal space/blog, as well as sending of Content to other Users.
These General Conditions have been published in due time according to current legislation. Likewise, YOULYNX provides these General Conditions to Users in such manner that they may be saved and copied, thus complying with the legal obligation for prior information.
Access, browsing, storage and/or download of Content, as well as use of the Web Site Services by any User requires prior and necessary acceptance by said User of these General Conditions, which are an integral part of the Special Conditions for download of WAP Content and the Privacy Policy. Acceptance of these General Conditions is required from the User during registration. Consequently, the User should carefully read the content of each of these documents.
When such acceptance is granted, YOULYNX will collect and retain the electronic copy thereof for verification of the User's acceptance.
"User" is understood to indicate the person who accesses, browses, uses, stores and/or downloads the Content, and/or uses the Web Site Services from their cell phone and/or computer, duly registered for said purpose via the completion of a form (see section 3.1 "Becoming a User").
3. SPECIAL CONDITIONS FOR THE WEB SITE
3.1. BECOMING A USER
Access to the Web Site is granted to the User freely and free of charge. However, some of the services offered through the Web Site are subject to acceptance of the special conditions that result from application of the same, which must be previously read and acknowledged by the user.
A User account may be acquired via previous registration and acceptance of these General Conditions. The User, in order to sign up, must complete a form on the Web Site.
Afterwards, any User that wishes to access, browse, use, store and/or download Content, and/or use the Web Site Service from their cell phone and/or computer, must log in as a User. To log in, the User will use personal and individual identification and authentication mechanisms via their username and password.
The username and password for the User are enabled exclusively to the User for access to the Web Site and for the sole purpose of granting them access to the Services and Content therein. Any use different from that explicitly authorized is prohibited. The User must guarantee the confidentiality of said username and password, being the sole entity responsible for use of the same by others to whom they have been communicated.
YOULYNX advises that the password is personal and nontransferable. The User agrees to be diligent in the use of their password and to keep it secret, not sharing it with any third person. Consequently, Users are responsible for appropriate custody and confidentiality of any username and password, and agree not to transfer use thereof to third persons, either temporarily or permanently, nor permit others to access them. The User shall be the sole person responsible for access and use of the Web Site by any third party who uses, to such effect, their password due to negligence or loss of the same by the User.
The User is responsible to notify the Web Site managers immediately, via email to support@youlynx.com, of any event that enables undue use of their username and password, such as theft, loss, or unauthorized access, in order to immediately cancel them. YOULYNX remains exempt from any responsibility potentially arising from unauthorized use of the username or password by unauthorized third persons if it is not notified thereof.
Registration as a User and/or User is independent from the means or mechanism used to access, browse, use, store and/or download Content, and/or use the Web Site Services, whether via a cell phone or a computer.
IN ALL CASES ACCESS, BROWSING, USE, STORAGE AND/OR DOWNLOAD OF CONTENT, AND/OR USE OF THE WEB SITE SERVICES BY CHILDREN UNDER 14 YEARS OF AGE IS STRICTLY PROHIBITED. THE USER, VIA REGISTRATION, DECLARES AND GUARANTEES THAT THEY ARE OLDER THAN SAID AGE.
CHILDREN UNDER 14 YEARS OF AGE WHO WISH TO ACCESS THE SITE MUST HAVE PRIOR AUTHORIZATION FROM THEIR PARENT(S), GUARDIAN(S) OR LEGAL REPRESENTATIVE(S), WHO ARE ADVISED THAT, ACCORDING TO CURRENT LEGISLATION, THEY SHALL BE HELD RESPONSIBLE FOR ANY ACTIONS PERPETRATED BY THE MINORS IN THEIR CHARGE.
FOR THEIR PART, YOULYNX AGREES NOT TO OBTAIN INFORMATION FROM THOSE OLDER THAN 14 AND YOUNGER THAN 18 YEARS WHICH ALLOWS ACQUISITION OF INFORMATION ABOUT THE OTHER MEMBERS OF THEIR FAMILY, OR OTHER CHARACTERISTICS OF THE SAME, WITHOUT CONSENT FROM THE ONWERS OF SAID INFORMATION.
3.2. WEB SITE ACTIVITIES.
The User may access, browse, use, store, and/or download Content, and/or use the Web Site Services, via:
A mobile device
Access, browsing, use, storage and/or downloading of Content, and/or use of the Web Site services via the Internet using a mobile phone requires that the User access the URL, wap.youlynx.com, and that they have JAVA installed on said mobile device.
If the User has not downloaded said application to their mobile device, they may download it directly to a computer to install it on their mobile device through a data cable or Bluetooth connection, or through a free message in which the WAP address for downloading the tool is provided. Download of the application or tool is free to the User, with the exception of the connection charge as established by their service provider.
A computer
Access, browsing, use, storage and/or downloading of Content, and/or use of the Web Site services via the Internet using a computer requires that the User access the URL www.youlynx.com, and that they have one of the following browsers installed: Mozilla Firefox, Safari, Netscape or Opera.
3.3. DESCRIPTION OF WEB SITE ACTIVITIES/SERVICES
The User may access, among others, the following Services offered on the Web Site:
Create User profile.
Share User profile with other Users (prior consent).
Send photos/images.
Send text messages.
Send/copy videos.
Public message boards (WeLynx).
Manage personal space/Blog.
Acquire WAP Content: real sounds, polyphonic sounds, games, videos, screen savers, images, and themes.
3.4. COSTS FOR WEB SITE ACTIVITIES/SERVICES.
The cost for access, browsing, use, storage and/or download of Content, and or use of the Web Site Services is free for the User, with the exception of the connection cost as established by their service provider. YOULYNX receives no part of said fees, payment of which are the sole responsibility of the User.
Notwithstanding the above, download of WAP Content from the Web Site does involve additional fees for the User. These fees depend specifically upon the content to be downloaded from the cellular device and are published on the Web Site. The User must agree to the Special Conditions for download of WAP Content, which are an integral part of these General Conditions (see section 4, "Special Conditions for download of WAP Content" in these General Conditions.
4. SPECIAL CONDITIONS FOR DOWNLOAD OF WAP CONTENT
Download of Content (including but not limited to, real music, polyphonic music, wall papers, themes, screen savers, games and videos) to mobile devices, from the Web Site, is subject to the provisions of the Special Conditions For Download Of WAP Content, which is an integral part of these General Conditions.
5. OBLIGATIONS
Without compromising any other obligation arising from these General Conditions binding YOULYNX and/or the User, both parties agree to observe and comply with the following:
YOULYNX agrees:
To comply with the provisions of the General Conditions, in its entirety which is an integral part of the same, with the exception of Force Majeure events not imputable to the same.
To maintain the tools and other software, such as information systems, in optimal conditions in such manner that they enable proper use of the Web Site, with exception made in the event of Force Majeure events not imputable to the same.
To provide to the Users these General Conditions in such form that they may be stored, filed and/or printed by the User.
To notify and inform the Users of any modification that occurs to these General Conditions and any document which is an integral part of the same. YOULYNX do not guarantee the quality, legality, nor veracity of the Content stored by Users.
The User agrees:
To accept and comply with the provisions of these General Conditions and any document which is an integral part of the same.
Not to store nor publish via the Web Site any Content which is prohibited by current legislation or is contrary to public morals or order, as well as those which are of an aggressive, defamatory, obscene, sexually explicit, offensive, violent, racist or xenophobic nature or that incite others to violent, or, in general, are of an illegal nature or are injurious to the rights and/or physical and/or moral safety of other persons.
To register and to provide true, exact, current personal data.
To access the Web Site only via use of their own username and password. Use of the username or password of any other User is strictly prohibited.
To notify YOULYNX, in the event that they provide data regarding a third party, of the aspects contained in the Privacy Policy, as well as to acquire authorization to provide said personal data for the purposes described in the Privacy Policy.
Not to publish or communicate the personal data of other Web Site Users without prior, express authorization from said Users.
To not defame, abuse, molest, harass, threaten, or harm in any manner any right of other Users or any other person(s).
Not to remove or attempt to delete any security measures adopted and installed on the Web Site.
To not manipulate either the hardware or the software that are necessary for use of the Web Site.
To keep their password secret, not sharing it with any third person.
Not to transfer the use of their username and password to third parties, either temporarily or permanently, nor allow other persons access to them.
To immediately inform the Web Masters of any event or fact that allows undue use of their username or password, such as theft, loss, or unauthorized access, in order to effect their immediate cancellation.
To comply with current legislation.
Breach, by any of the Parties, of the obligations stipulated in the same, will give cause right to demand the corresponding indemnification for damages and losses that, as the case may be, have been caused or incurred.
6. RESPONSIBILITIES
YOULYNX is not responsible for:
Breach of the provisions of these General Conditions or any document which is an integral part thereof that is caused by a Force Majeure event beyond their will and volition.
Continuity of access, browsing, use, storage and/or download of Web Site Content, as well as loss of availability and/or accessibility of the same.
Absence of errors in Content, as well as the legality, currency or veracity of the same.
Absence of virus and other injurious components in the Web Site or the server on which it is hosted.
The invulnerability of the Web site and/or the impregnability of the safety measures that are adopted in the same.
Damages or losses which are caused, to themselves or any third persons, that infringe upon the General Conditions of the Web Site or the security systems of the same.
Any other damages that may be caused by the function, failure or defective function of the Web Site, or the Web Sites to which, as the case may be, it links.
Damages and losses caused by incorrect use of the identification and authorization mechanisms by persons other than the owner. And, in particular, but not limited to, damages and losses of any nature that may be caused by fraudulent use of the identity of a third person by a User in any type of communication.
Likewise, YOULYNX state that they have adopted all possible, necessary technological measures to guarantee operation of the Web Site and to avoid any damaging components thereof.
The User shall be solely and entirely responsible for the Content that they add to the Web Site, as well as the information that they post to their profile, notes, messages, videos, announcements and other content that they post to the Web Site.
7. USE OF THE WEB SITE
Unauthorized commercial use of the Web Site is prohibited, unless previously authorized in writing by YOULYNX.
Access, browsing, use, storage and/or download of Content, and or use of the Web Site Services is the responsibility of the User, for which they agree to diligently and faithfully observe any additional instructions provided by YOULYNX or YOULYNX authorized personnel related to the use of the Web Site Services and their Contents.
The User is obligated to use the Content and/or Services in a diligent, correct and legal manner, and, in particular, agrees to refrain from:
Use of the Contents and/or Services for purposes or effects that are illegal, immoral, contrary to generally accepted customs or the public order.
Reproducing or copying, distributing or permitting access by the public through any public communication media, transformation or modification of the Content and/or Services, unless by prior authorization from the holder of the corresponding Intellectual and Industrial Property rights or when legally permitted.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
YOULYNX is the owner, or has obtained the corresponding license or authorization in respect to the rights for use in regard to the Intellectual and Industrial Property of the Content and/or Services.
All Intellectual and Industrial Property rights are reserved over the Content and/or Services, and, it is especially prohibited to modify, copy, reproduce, publicly exhibit or publish, transform, or distribute in any form, in whole or in part, the Content and/or Services included on the Web Site, unless by prior, express authorization in writing from YOULYNX, or, as appropriate, the holders of the corresponding rights.
Access, browsing, use, storage and/or download of Content, and/or use of the Web Site Services by the User, shall in no case be understood as renunciation, transfer, license, or granting, in whole or in part, of the above mentioned rights by YOULYNX, or the holders of the corresponding rights. The User is granted only the right to strictly private use, solely for the purposes of the enjoying the Services according to the provisions of these General Conditions.
Consequently, deletion, evading, or manipulation of the copyright notice and any other identification of YOULYNX's rights or the respective holders of rights to the Content and/or Services, the technical protection devices, or any means of information or identification that may be contained therein is strictly prohibited.
On the other hand, in relation to the Content posted in the Web site by the User, the User declares that they have obtained all the rights, permissions, licenses and authorizations necessary to post said materials to the Web site, granting automatically to YOULYNX an express, exclusive authorization, of world-wide scope, to publish and to store these Contents in the Web Site, as well as to use, to copy publicly, to reproduce, to communicate, to make available to third parties, to translate, to obtain extracts and to transform these Contents, without the User having right to demand of any compensation from YOULYNX whatever. The User may delete or remove their Content at any time, which shall automatically terminate the authorization and license mentioned in the previous paragraph granted to YOULYNX.
Reference to trademarks, registered names or any other distinctive marks, whether those belonging to YOULYNX, or third party business, is strictly prohibited without express, written consent from YOULYNX or the legitimate owners. At no time, unless by express stipulation, shall access to or use of the Web Site and/or its Contents and/or Services grant the User any right over the brands, trademarks and/or distinctive marks included therein and protected by Law.
Additionally, with acceptance and compliance to the General Conditions, YOULYNX grants the User a free, nonexclusive and nontransferable license to install and use the JAVA application. Excepting the right to use the JAVA tool and/or application specifically indicated in this license, any other right to the Software is the property of YOULYNX or its licensees.
9. PRIVACY POLICY
Use of the User's personal data requested in the registration process, as well as any other information with personal data requested by YOULYNX on the Web Site, is subject to the terms of the Privacy Policy, accessible on the Web Site, which is an integral part of these General Conditions
10. LINKS
10.1. Links to other Web Sites
It is possible that the User will find links to other Web Sites on the Web Site, via various buttons, links, banners, etc., which are controlled by third parties. YOULYNX does not have human nor technical means to be aware of, control, nor approve all information, Content, products, or services contained on other Web Sites to which these items link. Consequently, YOULYNX can assume no responsibility whatever for any aspect related to a Web Site to which a link is presented from our Web Site, for informative or legal purposes, over their operation, access, data, information, files, quality, reliability of their content, products, and/or services, their own links, and/or any other content, in general.
The presence of any type of link on the Web Site to any other third party Web Site does not imply that there is any relation, collaboration, or dependence between YOULYNX and the owners of the third party website.
10.2 Links from other Web Sites to the Web Site
It is prohibited to link to the Web Site from other Web Sites without express written authorization from YOULYNX.
YOULYNX has no means, human or technical, to know, control, nor approve all information, content, products and/or services provided by other Web Sites that have links, with or without authorization from YOULYNX, to the Web Site. YOULYNX assumes no responsibility whatever for any aspect of any Web Site which contains links to the Web Site for informative or legal purposes, over their operation, access, data, information, files, the quality and reliability of their content, products, and/or services, their links, and/or any of their content, in general.
10.3 Third Party services provided through the Web Site
YOULYNX does not guarantee the legality, reliability, or usefulness of the Services or Content offered or controlled by third parties from this page or over those in which YOULYNX acts only as a means of public information.
YOULYNX shall not be held responsible for any damages or losses of any nature caused by the services or Content offered by third parties published through the Web Site, and, especially, for informative purposes, those caused by:
Breach of the law, public order or morals.
The inclusion of any virus or any other type of computer code, file, or program that may damage, interrupt, or hinder the normal operation of any software, hardware, or telecommunications equipment.
Infraction of the Intellectual and Industrial Property rights, or contractual obligations of any nature.
Perpetration of acts that constitute illegal, fraudulent, or misleading publication, in general, or which constitute unfair competition.
The lack of veracity, precision, quality, relevance, and/or currency of the Content issued, distributed, stored, received, obtained, posted or made available.
The infraction of the rights to honor, personal and familiar privacy, and public image of persons, or, in general, any type of third party rights.
Inappropriate proposals or failure to meet generated expectations, vices or defects that may occur in relation to third parties.
Breach, delay in compliance, defective compliance, or termination for any cause, of the contractual obligations of third parties, and contracts celebrated with third parties.
The communication of data between Users.
YOULYNX shall not be responsible for the publication of Services and/or Content on the Web Site by third parties, nor for the veracity of the information provided by said third parties regarding said services and/or Content, the acquisition of administrative authorizations that may be required of them in the performance of their services, the infraction on the part of third parties of the rights of others, and, in general, any obligation or guarantee demandable by the Users from said third parties.
11. WHISTLEBLOWING
YOULYNX provides Users with a channel through which they may communicate and inform regarding any Content that they believe to be illegal, immoral, contrary to public order, injurious, or that violates the legitimate rights of third parties, or that is offensive or damaging to the rights and/or physical or moral well-being of others.
Any user who becomes aware of any items as described above should immediately inform YOULYNX via the channel expressly provided for such purposes, so that YOULYNX may review the content in question, and, as appropriate, remove or disable it.
12. SUSPENSION OF SERVICES
YOULYNX reserves the right to suspend, modify, restrict, or interrupt, temporarily or permanently, access, browsing, use, storage, and/or downloading of Content and/or use of Web Site Services or any such activities, including cancellation of the User's account, with or without prior notifications, at any time, if the User fails to comply with the obligations detailed in these General Conditions. No User may demand damages of any nature resulting from the above mentioned actions.
13. DURATION AND MODIFICATION
These General Conditions shall remain effective and valid through the entire time in which they are accessible to the Users on the Web Site.
YOULYNX reserves the right to modify the terms and condition stipulated herein, unilaterally, remaining obligated to publish any such modification to these General Conditions via notification to the User of the modifications by email or the publication of a clearly visible announcement on the Web Site. Said modifications become effective from the moment in which said modifications are posted.
14. COMMUNICATIONS
Any communication to YOULYNX from the User, shall be sent to the following email address: support@youlynx.com. In any case, communications from YOULYNX to the User shall be made according to the contact information provided by the User upon registration.
The User must notify YOULYNX, in writing, of any modification in their contact information, the User being solely responsible for any consequences for failure to provide updated information.
The User expressly accepts the use of email as a valid means for exchange and submission of information and communications with/from YOULYNX.
15. GENERAL PROVISIONS
The headings of the respective clauses of these General Conditions are solely informative, and do not affect, qualify, or modify the interpretation of the General Conditions.
Each Party shall be solely responsible for fulfillment of their obligations that arise from current applicable regulations and indemnifies and holds harmless for actions or claims initiated by third parties for breach of said obligations.
If any provision or provisions within these General Conditions comes to be considered null or inapplicable, in whole or in part, by any judge, court or administrative body with jurisdiction over the same, said nullity or inapplicability shall have no affect over the remaining provisions. In such a case, the Parties agree to substitute the clause or clauses in question with provision of a nature as similar as possible to those substituted.
Failure or refusal on the part of YOULYNX to exercise any right or provision contained in these General Conditions does not constitute renunciation of said right or provision, unless acknowledged in writing on their part.
16. APPLICABLE LEGISTLATION AND JURISDICTION
These General Condition are regulated and interpreted according to the provisions of the Laws of the Kingdom of Spain.
For the knowledge and resolution of any litigations, discrepancies or differences that may arise in relation to the interpretation, content, execution or resolution of the present General Conditions, the Parties renounce any other recourse available to them, submitting to the jurisdiction of the Courts of the City of Madrid.
© 2009 YouLynx, S. L. All Rights Reserved.
SPECIAL CONDITIONS FOR DOWNLOAD OF WAP CONTENT PUBLISHED ON THE YOULYNX WEB SITE
These Special Conditions for downloading WAP content published on the Web Site are an integral part of the General Conditions for Use of the Web Site.
1. PURPOSE
These are the Special Conditions for downloading WAP content published on the Web Site (hereafter referred to as "Special Conditions") which regulate downloads by any User of WAP content published on the Web Site, whose Intellectual and Industrial Property rights belong to third-parties. Additionally, they regulate the responsibilities derived from download of WAP content from the Web Site (hereafter referred to as "WAP Content", among others, and for purely informative purposes, real music, polyphonic music, games, wallpapers for mobile phones, screen savers, videos, and themes.
These Special Conditions have been published in due time according to current legislation. Likewise, YOULYNX provides these Special Conditions to Users in such manner that they may be saved and copied, thus complying with the legal obligation for prior information.
Downloading of Content by Users requires prior and obligatory acceptance by the same of these Special Conditions and the General Conditions for Use of the Web Page. Consequently, the User must carefully read the Content of both documents.
Upon said acceptance, YOULYNX will collect and retain an electronic copy thereof for verification of the User's acceptance.
In this sense, a User is understood to be the person who downloads WAP content published on the Web Site and whose Intellectual and Industrial Property rights belong to third-parties.
The User must, at all times, acknowledge that the General Conditions of Use for the Web Site are an integral part of these Special Conditions.
2. DESCRIPTION OF THE WAP CONTENTS SUBJECT TO DOWNLOAD
YOULYNX offers Users the option to download certain WAP Content, which are described in the following section of these Special Conditions.
YOULYNX does not provide said services for cell phones in roaming mode.
To request download of Content, the User must follow these steps:
1. Choose the Web Site product that they prefer:
2. Verify that it is the product they have chosen, and the price, and select the option "DOWNLOAD".
3. ACCEPT the payment page, confirming the price of the Content.
4. Continue to the Download of the content, saving it to their mobile phone. Then, all that's left is to enjoy the Content!
Once payment has been effected, the User must follow these instructions:
1. Download the content.
2. The download will start automatically.
3. Upon completion of the download, the downloaded Content must be saved in the mobile phone.
Billing and receipt of payment for WAP Content from the Web Site are managed by the operator, Bangoo.
3. COST OF WAP CONTENT DOWNLOAD
SERVICE
|
COST |
Real music |
€2.5 + VAT |
Polyphonic tones |
€2 + VAT |
Themes |
€3 + VAT |
Screen savers |
€2 + VAT |
Videos |
€2.5 + VAT |
Wallpapers |
€2 + VAT |
These amounts do not include the applicable taxes. Also, the User downloading WAP Content from a cell phone is responsible for the rates established by the Internet Service Provider via which they access the Internet, over which YOULYNX has no influence or responsibility, nor from which do they receive any payment.
4. OBLIGATIONS
Notwithstanding any other obligations arising from these Special Conditions and falling upon YOULYNX and/or the User, both parties agree to observe and comply with the following:
YOULYNX agrees:
To comply with the provisions of these Special Conditions, except when Force Majeure events preclude their compliance.
To provide the User with a copy of these Special Conditions in a form and format in which they may be saved, stored and/or printed.
The User agrees:
To accept and comply with the provisions of these Special Conditions.
To hold harmless and indemnify the third-parties holding the Intellectual and Industrial Property rights for the WAP Content provided for download.
To pay the prices corresponding to downloaded Content.
In any case, YOULYNX is only responsible for that which is specified in this section, having no type of obligation in relation to the download of WAP content provided by third parties to whom the Intellectual and Industrial Property rights belong.
Breach, by any of the Parties, of the obligations stipulated in the same, will give cause right to demand the corresponding indemnification for damages and losses that, as the case may be, have been caused or incurred.
© 2009 YouLynx, S. L. All Rights Reserved.