Terms and conditions of use emule 0.60 : Différence entre versions

Version actuelle en date du 4 juillet 2014 à 11:47

1. Purpose
This document sets out the Terms and Conditions of Use (hereinafter the "Terms and Conditions"), through which acceptance the user (hereinafter the "User") establishes a contractual relationship with ROMEO SOUTH S.L., a company which is duly constituted in accordance with Spanish law, with VAT identification number B-86483567 (hereinafter the "Provider"), in connection with the application called "eMule Torrent" (hereinafter the "Application").
The use of the services is subject to acceptance of and compliance with these Terms and Conditions, consequently, the User shall refrain from using the services in case of disagreement with the Terms and Conditions. The Terms and Conditions available at any given time will be considered current and, therefore, applicable. Furthermore, any particular terms, notices or operating instructions that are brought to the Users' attention in connection with the services and that supplement the provisions in these Terms and Conditions will also be applicable to Users. We recommend that Users print or save a copy of the Terms and Conditions.

The Terms and Conditions can be accessed at any time at the following address:
<www.emule.com/emuletorrent-Terms-and-conditions>
2. Services offered by the Provider
Through the Application, the Provider offers a service the object of which is that Users can share all types of files in the Peer-to-Peer modality (hereinafter the "Service"). Accordingly, in no case does the Provider store the files or monitor them, it being the sole responsibility of the Users to ensure the legality of the files and that they have all the rights necessary and sufficient for their transmission through the P2P network.
3. Financial terms and conditions
In principle, it is free to download the Application.
Notwithstanding the foregoing, the Provider reserves the right to proceed with the financial exploitation of the Service and to charge for it at any time and by any means, with this circumstance being notified sufficiently in advance. In any case, the User accepts and assumes that the Application may be subject to a fee, the User in any case being provided with sufficient and comprehensive information on the financial terms and conditions that may be applicable. In particular, in the future it is planned to develop a Premium version of the Application, which will contain some advanced functionalities.
4. Service use and contractual terms and conditions
The Service offered by the Provider is intended for and may only be contracted by private individuals of legal age or, if applicable, emancipated minors with full legal capacity to contract services. Unemancipated minors may only contract the Service offered by the Provider with prior authorisation from their parents, guardians or legal representatives, who will be responsible for the actions of those under their charge. These circumstances cannot be verified by the Provider; consequently, the Provider reminds parents and guardians of their responsibility to safeguard how those under their charge use the Service offered by the Provider. For these purposes, the User states that he/she is permitted or authorised to contract the Service and he/she ensures the accuracy of all data communicated as a result of the contracting procedure carried out. The User undertakes to make lawful use of the Service and agrees, as does the Provider, to comply with current applicable law, these Terms and Conditions, the moral and/or public order. The User must comply with the stated standards, showing particular attention to the Intellectual and Industrial Property rights, the User shall refrain from using the Service for illegal purposes, or in such a manner that infringes on or violates the rights and interests of the Provider or third party holders thereof. The User will be solely responsible for any damages or losses of any nature that may arise from the improper, unlawful or illegal use that the user makes of the Service offered.
The Provider is not responsible for any failures or unavailability of the Service that are not directly attributable to it (including but not limited to, connectivity failures or network outages, errors in the wording of messages, excess network traffic, the operating performance of operators, characteristics of different mobile phones, computers and/or IT tools).
Additionally, the Provider makes no guarantees and assumes no liability for the Application, including widgets, toolbars, and any other applications which have been developed by third parties. It is the responsibility of the User to make a decision in advance regarding the suitability of the program or application he/she wants to install, as well as compliance with the corresponding license terms and conditions of use which, in this case, may be applicable.
5. Intellectual and Industrial Property
The intellectual and industrial property rights on the Application belong to the Provider or, if applicable, to third parties with which the Provider has been able to reach agreements.
The Provider grants, through the acceptance of these Terms and Conditions, an end user license in connection with the Application, it being forbidden, at the professional level, to distribute, or in any other way exploit or disseminate it, in any form or by any means, without the prior written consent of the Provider, the infringement of these rights may give rise to out-of-court or civil judicial or criminal proceedings that apply. If you are interested in obtaining a professional license for the Application, for commercial purposes, or to redistribute or forward it to third parties, you should first contact the Provider by email, at the following address: developers@emule.com <mailto:developers@emule.com>
In case of any issues, concerns or queries regarding the Service offered by the Provider, you can contact the Provider via email contact@emule.com <mailto:contact@emule.com>, or by writing to the Provider at the address stated above.
6. Personal data protection
The User is subject to our Privacy Policy.
7. Applicable law and jurisdiction
These Terms and Conditions are governed by the law and jurisdiction applicable to the Provider, except where the User has the condition of being a consumer, in which case the governing Courts and Tribunals will be those of their residence, or those cases in which the law imperatively establishes otherwise.
Privacy policy
Introduction
ROMEO SOUTH S.L., a company which is duly constituted in accordance with Spanish law with VAT identification number B-86483567, will be referred to hereinafter as “We” or “Our”. Furthermore, You will be referred to hereinafter as "You" or "Your".
This Privacy Policy explains how we collect, process and store Your data of a personal nature ("Personal Information" or "Personal Data"), in connection with the use of Our application, called "eMule Torrent" (hereinafter the "Application") and other related services (hereinafter the "Services").
By accessing or using Our Services, You authorise us to collect, process, store and share Your Personal Data in accordance with the provisions of this Privacy Policy. If you have any concerns about providing us data or because we use the data in any of the ways permitted by this Privacy Policy, You should refrain from using Our Services.
As is stipulated in the terms and conditions of Our Services, You must be at least 18 years old to access and use Our Services.
Information
We may collect and process the following data about You:

• Information provided by You when creating an account with Us;
• location data, if You have decided to share it;
• data on the use that You make of Our Services and of the resources you access;
• record of our correspondence, if any;
• information on Your interactions with Us on Our social network channels;
• information which we collect with cookies as is stipulated below.
Use of Personal Information
You agree that We (or a provider or company of the group acting on Our behalf and at Our direction only) may use your Personal Data for the following purposes, among others:

• to send communications (also by email) intended for these purposes;
• to market and promote Our related products or Services. If You do not wish your Personal Data to be used for this purpose, you can tell us by emailing Us at contact@emule.com <mailto:contact@emule.com> Accordingly, unless otherwise indicated, You accept commercial communications to be sent by electronic means (email and/or SMS or MMS messages), regarding Our Services and/or services which are identical and similar to those initially contracted (this purpose will be maintained after the termination of the contractual relationship - that is, of the Services - until You revoke - if applicable - your consent thereto);
• to prepare reports, analysis or similar services by Us and for Our use;
• to prevent crimes or fraudulent acts; and
• to use the data in any other way which is specified in this Privacy Policy or which is required by the legislation in force.
Sharing and transfer of your Personal Data
We only share Your Personal Data with third parties (for example, companies of our group or providers):

• with Your authorisation;
• as is reasonably necessary in order to provide the Services;
• whenever necessary in order to fulfil Your instructions;
• when Your Personal Data prevent you from being personally identifiable;
• when You send information to interact with social network channels, we can publish the information sent by You;
• when, in Our opinion and in a reasonable manner, it is permitted by current regulations or legislation; or
• to meet any legal obligation, to apply Our terms and conditions or any other contract entered into with You, or to protect Our rights, property or security, or that of Our users.

When You authorise interaction with external social networks or platforms, You accept that these applications or websites are created and maintained by third parties and, therefore, are neither part of nor under Our control. You should read their terms and conditions of service and privacy policies to know how they process your data and what data can be shared with Us.
You understand that, if you allow interactions with any other social network or platform, We may share some of Your Personal Data with Your Contacts (and vice versa).
Your Personal Information may be transferred to, and stored in, locations that are outside the European Union, and it can also be processed outside the EU by personnel working for Us or for one of our providers. We will take all the necessary measures to ensure that Your Personal Data is processed in a secure manner and in accordance with this Privacy Policy. How long we keep Your Personal Information We keep Your Personal Data for the time needed to fulfil the purpose for which it was collected or to provide the Services. Furthermore, we have the right to keep Your Personal Data once any account You may have opened with Us is closed, or once the provision of the Services has ceased, if keeping the data is deemed reasonable to comply with legal or regulatory requirements, to resolve disputes, prevent fraud or abuse, or apply this Privacy Policy or any other contract entered into with any user.
Protection of your Personal Information
We apply the appropriate technical and physical measures in Our possession to protect Your Personal Information from destruction, loss, alteration or disclosure, illegal or accidental unauthorised access or use and from all other illegal forms of processing . We apply the same degree of protection to Your Personal Information as other creators of similar applications do. Despite this, as the Internet is not a completely secure environment, we cannot guarantee that no-one will be able to get through Our protections with the aim of accessing Personal Information by means of Our applications and disclosing, altering or destroying it.
Links originating in Our Services
In Our Services, there may be links to external websites. You accept and understand that all Personal Data provided after clicking on these links is subject to the privacy policy of the corresponding owner, not to Our privacy policy. Although we do everything possible to only include links to reputable websites, You release Us from any responsibility for the content, protection or security of such sites.
Rights in connection with Your Personal Data
You can request a copy of the Personal Information held by Us, by writing to the address contact@emule.com <mailto:contact@emule.com> ; please note that this may involve a small charge.
You can also request the data to be modified, corrected or deleted, by contacting Us at the email address given above.
You understand and agree that We cannot correct or delete the Personal Data that You have shared on external social networks or platforms, since such Data is subject to the control of those social networks or platforms.
Furthermore, You have the right to request that your Personal Data is not used for advertising promotion purposes. To change Your advertising preferences or unsubscribe, please contact us at the address contact@emule.com <mailto:contact@emule.com>.
Cookies
We use cookies and other similar technology. Cookies are small files which store certain data on a computer or mobile device.
We use cookies and other similar technology for the following:

• to recognise You and Your device;
• to enable the interaction of Our Services with external social networks or platforms, if You have authorised it;
• to enable Our payment processors to process Your payment instructions;
• to offer You more personalised services; and
• to obtain data for analysing how Our Services are used in order to improve them.
By accessing our websites or using Our Services, You authorise Us to use cookies in accordance with the provisions of this Privacy Policy. Although cookies can be disabled in the browser settings, if this is done it is possible that not all the features of Our Services will be available.
Complaints
If You have a complaint about Us or Our Services, please contact us by emailing Us at the following email address contact@emule.com <mailto:contact@emule.com>
You also have the right to file the pertinent complaint with the data protection agency in Your country.
Legal issues
In the event that a court or other competent body rules that any provision of this Privacy Policy is invalid or unenforceable, the remaining provisions will not be affected.
If a dispute arises between us, we recommend that you first contact Us directly to try to find a solution at the email address contact@emule.com <mailto:contact@emule.com>
In the unlikely event that we cannot resolve Your concern and You want to take legal action against Us, these terms and conditions will be governed by and construed in accordance with Spanish law.
In the event that You act in the capacity of a consumer, the competent courts will be those corresponding to Your residence.
This Privacy Policy is governed by Spanish legislation, under which it must be interpreted. Any dispute arising in connection with this Privacy Policy is subject to the exclusive jurisdiction of the Spanish courts, unless the user chooses the administration of justice in their country of residence. We keep on innovating and finding new ways to improve our Services. Therefore, this Privacy Policy may be changed from time to time in order to include such improvements or any other change in the activity. We undertake to do everything in our power to inform the user of the substantive changes made to this Privacy Policy which, in our opinion, may pose a disadvantage for the user. If the user disagrees with any of the changes, he/she should stop using our services immediately and close their accounts.

This Privacy Policy was last updated on 1/06/2014