The following License Agreement have been republished from www.smartofferdisplay.com/terms.php and/or the program's installer.
Owner: LOLLIPOP NETWORK, S.L.
Address: Calle Consell de Cent 413-415, principal 1ª, 08009 Barcelona (Spain).
Contact:
[email protected]Details in the Registry of Companies: Volume 43296, Folio 8, Page B 423525, Entry 1.
Tax Identification Number: B-6582515
Hereinafter, the company will be referred to as "the Company".
2. SOFTWARE AND SERVICE
USE OF THIS SOFTWARE: THE PRESENT TERMS OF USE FOR SMART OFFER DIS (HEREINAFTER, "THE LICENCE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND LOLLIPOP NETWORK, S.L. (HEREINAFTER, THE "COMPANY") FOR THE USE OF THE SOFTWARE SMART OFFER DISPLAY ("(HEREINAFTER, THE "SOFTWARE" OR “SMART OFFER DISPLAY”). BY ACTIVATING THE VERIFICATION BOX AND CLICKING ON "INSTALL", BY INSTALLING THE SOFTWARE (AS DESCRIBED BELOW), COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS END-USER LICENCE AGREEMENT REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND/OR DO NOT INSTALL, COPY OR USE THE SOFTWARE.
3. GRANTING AND RESTRICTION OF THE LICENCE
By virtue of the following terms, the Company grants a non-exclusive and non-transferable user licence to: (i) install the Software, (ii) use the Software for private use and (iii) copy the Software in order to make back-up copies or to be filed. You cannot: (1) reverse engineer, decompile or dismantle the Software; (ii) modify or create works based wholly or partially on the Software; (iii) distribute copies of the Software; (iv) remove any warning or property label from the Software, or (v) re-sell, hire, rent, transfer, sub-licence or transfer the rights to the Software. Any incorrect use of the Software will lead to the Software user licence being cancelled.
4. UPDATES
The Software that you are using can regularly download and install available updates. Said updates are designed to improve, optimise and develop the functions and services and may appear in the form of corrections, improved functions, new Software modules and completely new versions. You accept receiving said update, and allow SMART OFFER DISPLAY to provide them as part of the service offered.
5. FUNCTIONALITIES OF THE SMART OFFER DISPLAY SOFTWARE AND WEBSITE YOU ARE VISITING
SMART OFFER DISPLAY will display contextualized products, ads and offers based on the user’s Internet browsing, and/or together with a product price comparison feature, as well as "Daily Deals" in which the user will be offered the best deals available daily based on his/her geographic location. Once active, the user acknowledges and accepts that in- browser offers will be displayed within the browser and website being used by the user, as well in Site-under format (window appearing behind the browser) or Pop-Up (window appearing in front of the browser). These products, offers and vouchers will redirect to the merchant's website. We are not responsible for the content of linked websites. Resources are only suggestions, not necessarily imply our endorsement or guarantee. The Company has no control over prices or contents published on the linked websites, and cannot be therefore held liable of such content. Said websites are only suggestions to the user, who must know the terms of use and contracting conditions of such linked websites before performing any operation, which are independent to the present terms of use. The User can uninstall the Software at any time, using the standard uninstallation procedures provided by the computer operative system. By way of example, when the User uses a Microsoft Windows operative system, programmes can be uninstalled by accessing the folder Control Panel %3EAdd/Remove Programmes, selecting the programme from the list of installed applications, clicking on the button change/remove and following the instructions described. The promotions of products and services of the Company, such as draws, contests and any other activities related to the offering or marketing thereof, shall be subject to their terms and conditions and subject to Spanish legislation at all times. Moreover, the contracting and use of products and services offered by the Company shall be subject to compliance with their respective terms and conditions of use.
6. LIMITATION OF LIABILITY
The Software is provided with no additional cost. THEREFORE, YOU ACCEPT THAT THE COMPANY DOES NOT PROVIDE ANY EXPRESS GUARANTEE, ORAL OR WRITTEN, IN RELATION TO THE SOFTWARE. LIKEWISE, YOU ACCEPT THAT THE SOFTWARE IS PROVIDED TO YOU "AS IS", WITHOUT ANY TYPE OF GUARANTEE. THE COMPANY REJECTS ANY OTHER TYPE OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY INDIRECT, FORTUITOUS, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGE (INCLUDING, BUT NOT LIMITED TO, THE LOSS OF EXPECTED PROFITS) RESULTING FOR WHATEVER REASON BY VIRTUE OF THE PRESENT LICENCE AGREEMENT OR IN RELATION TO SAME. Within the limitations established by the law, the User assumes the full risk of using the Software. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE HELD RESPONSIBLE FOR ANY DAMAGES, INCLUDING FINANCIAL LOSSES, LOSS OF SAVINGS OR ANY OTHER FORTUITOUS DAMAGE, INDIRECT OR DERIVATIVE, PRODUCED BY THE USE OF THE SOFTWARE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE HELD RESPONSIBLE FOR ANY CLAIM, WHETHER CONTRACTUAL, NON-CONTRACTUAL OR OF ANY OTHER KIND. THIS LIMITATION APPLIES TO ALL CLAIMS FOR PERSONAL DAMAGES, UP TO THE MAXIMUM PERMITTED BY LAW. The use you make of the Software corresponds to its content "AS IS" AND "WHERE IT IS" AND ONLY AT YOUR OWN EXPENSE AND RISK, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. More specifically, the Company shall not be held responsible in this regard, and does not guarantee that (i) the Software and the services of same meet your needs, (ii) the services and functions of the Software are uninterrupted, precise, secure or free of error, (iii) the results that can be obtained from the use of the Software and the contents and services are exact and reliable and (iv) defects are corrected.
7. LINKS TO OTHER WEB SITES
You acknowledge and agree that the Company has no responsibility for the accuracy or availability of information, material or content included on third-party Web sites linked to this Software, which have different sources and origins. Nor is it responsible for the content, functioning, terms of use or privacy policies or practices of said Web sites. The Company does not write, edit or control the content, links or services provided by third parties. THE COMPANY SHALL NOT BE HELD RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES CAUSED BY OR ALLEGEDLY CAUSED BY THE USE OR RELIABILITY OF SAID CONTENTS, PRODUCTS OR OTHER MATERIALS AVAILABLE ON THIRD-PARTY WEB SITES.
8. SERVICE LIMITATION
All the products and services offered by the Company are subject to Spanish law, and therefore there is no guarantee that the materials included on the Software are available for use in countries other than Spain. Users who decide to install the Software from other places do so at their own expense and risk, and shall be responsible for complying with the local law and regulations.
9. CONTRACTING
Should you contract any product or service, they are subject to the specific terms and conditions made known to the User.
10. PRIVACY AND SECURITY
The Company is subject to Spanish legislation pertaining to data protection when collecting and processing personal data. For further details, please refer to our Privacy and Cookies Policy on the Web site. If you communicate with the Company by e-mail, please bear in mind that the security of Internet e-mail is not absolute. By sending sensitive or confidential e-mails which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
11. TERMINATION
The present Licence Agreement will be automatically terminated if the User breaches the limitations described in same. No previous warning is required to terminate the contract. Likewise, the User can terminate the present Licence Agreement by uninstalling all the copies of the Software.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY
By the present Licence Agreement, you accept that you have no right over the intellectual property of the Software that you are using. The ownership, property, rights and intellectual property rights corresponding to the Software continue to be the exclusive property of the Company. All information is saved on the application and is not sent to the Company or to third parties, unless so stipulated in the present Licence Agreement. The website is the exclusive property of the Company. Unless otherwise indicated, the Company owns or avails of the rights necessary to use and publish the source code, design and other contents appearing in the Software. Use of the Software shall not be interpreted as a licence or right to use the names, logos, images or commercial names of the Company. Using the website for downloading, copying or reproducing the website content does not transfer the right over the Software or its contents. Unless otherwise indicated, the User is authorised to view, save, print, reproduce and distribute the content appearing on the Software which is the property of the Company, for their own personal and not commercial purposes, provided that (a) said content or material is not modified and (b) these Terms and Conditions are included in any reproduction. Should you have any queries regarding this matter, please write to the following email address:
[email protected] Any unauthorised reproduction of the Software or any part of same for commercial purposes is a violation of the Company's rights.
13. OTHERS
13.1 Governing law. The User acknowledges and accepts that this Licence Agreement shall be governed by Spanish law and any disputes will be resolved in the Courts of Barcelona, with the exception of those cases in which a legal provision establishes another jurisdiction in favour of the User. If any of the clauses included in this Licence Agreement were declared fully or partially invalid or ineffective, such provision will be ineffective only to the extent of such invalidity or ineffectiveness, without invalidating the remainder of this agreement.
13.2 Entirety of the Licence Agreement. The User accepts that this Licence Agreement comprises the entire agreement between them and the Company.
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