Terms of Use for Zoolity.com

The use of any page on the website Zoolity.com, including any of its subdomains and/or sections (hereafter ‘ZOOLITY’), as well as the use of any service offered on ZOOLITY or the download of computer programs from ZOOLITY, implies the full acceptance of these terms of use.

Zoolity is a company domiciled at Pablo Iglesias n8, Barcelona, Spain.

The present terms of use are divided into two sections:

• I General website terms of use applicable to all of Zoolity and to all products and/or services offered or sold thereon.

• II Intellectual and industrial property rights of Zoolity content and of the contributions made by developers or users to ZOOLITY.

The user shall be entirely liable for any losses or damages suffered by Zoolity that does not comply with the provisions established in any part of these terms of use or in any other section of the ZOOLITY website. The user further agrees to indemnify and hold harmless the company Zoolity, as well as its administrators, personnel, agents, and representatives, from any claims in which they may be implicated as a consequence of such user noncompliance.

I GENERAL WEBSITE TERMS OF USE APPLICABLE TO ALL OF ZOOLITY AND TO ALL PRODUCTS AND/OR SERVICES OFFERED OR SOLD THEREON.

1.1 Objective of the General Terms of Use

ZOOLITY offers now or in the future, the services, products, and complementary facilities as detailed below:

• a. Access to a respository of software content classified by category. This includes the download of software from ZOOLITY’s servers with the highest assurance of availability and/or speed that this may involve. In no case does this imply the sale of a license nor possession of intellectual property rights for the program, the use of which will be subject to the license, conditions, and restrictions imposed by the developer or intellectual property rights holder.
• b. Search service for software content on the ZOOLITY library and directory.
• c. Direct email update service for new programs and updates.
• d. Periodic newsletter service for registered users covering new developments and information related to the sector or to ZOOLITY.
• e. ZOOLITY may, at some point, provide additional services or facilities, either free or paid.

1.2 Liability for the processing and use of content

ZOOLITY does not guarantee the quality, accuracy, reliability, correctness, or morality of the data, programs, information, or opinions included on the site and in particular those expressed or entered in user forums or opinions. However, users may report presumed abuses or inappropriate uses of the site to allow ZOOLITY to review the corresponding content. In relation to the content and programs available for free download, ZOOLITY limits itself to offering an intermediary service, as established in Article 17 of Law 34/2002 of 11 July on Information Society Services and E-Commerce (‘LSSI’), by providing links and search content, while not assuming liability for said content beyond the cases expressly provided for in the aforementioned law; that is, ZOOLITY shall only accept liability when it (i) has actual knowledge that the activity or information being reported or referred is illegal or harms the assets or rights of a third party covered by compensation, and (ii) has not acted with diligence to remove or disable the corresponding link. The service provider shall be understood to have actual knowledge when a competent authority has declared the data illegal or ordered its withdrawal, or access to said data has become impossible, or the existence of the damage has been declared, and the service provider is aware of the corresponding resolution.

An identical system to the one established in the previous paragraph applies to other links to third-party sites that may be available on ZOOLITY. The inclusion of such links does not imply any relationship, recommendation, or supervision by ZOOLITY of the destination page, and ZOOLITY therefore accepts no liability for its content, except in such cases as expressly established in the LSSI.

The apps published on ZOOLITY are products created by their respective developers. This website is not directly affiliated with them. All of the brands, trademarks, product and company names or logos mentioned here are property of their respective owners. Our download site and app distribute original, unaltered software, which is obtained directly from the developers’ websites and is not modified in any way.

The user assumes as his or her exclusive liability any consequences, damages, or actions that may arise from accessing, playing, or disseminating said content. It is the responsibility of the user to verify, prior to downloading, the compatibility of the program with his or her computer and other applications, as well as its features and the advantages of downloading and installing the program on his or her system. Likewise, it is the responsibility of the user to ensure that the download and use of ZOOLITY content is legal and appropriate in the user’s location and personal circumstances.

ZOOLITY shall not be held liable for the infringements of any developer, programmer, or user that affect the rights of another ZOOLITY user, or of a third party, including rights related to copyright, trademarks, patents, confidential information, or any other intellectual or industrial property rights.

This limited guarantee and limitation of liability mentioned in the preceding paragraphs shall neither affect nor prejudice the obligatory rights extended by place of residence and applicable by direct application of Spanish mandatory law or by the forwarding of Spanish law to the laws of another jurisdiction for specific cases.

1.4 Unauthorized use of the ZOOLITY website or its content

The user may not employ the facilities and capacities of the ZOOLITY site to carry out or propose activities prohibited by law, or to attempt to attract site users to competitor services, or to advertise the sale of products or services for commercial purposes. The user shall refrain from interfering with ZOOLITY or other users’ use of the ZOOLITY site, and in particular from impersonating another user or person while using the portal. Likewise, the user agrees not to add information to forums that is not relevant to that particular forum.

Access via robots and/or scripts to access, copy, or control any part of ZOOLITY are prohibited without the express prior authorization of ZOOLITY.

It is strictly prohibited to add serial numbers, cracked software, or similar information, as well as links to pages that include them, in ZOOLITY’s forums or comments. The IP addresses of offenders shall be saved and appropriate legal measures taken against them. Likewise, the user shall be responsible for ensuring compliance with these clauses by any person he or she authorizes to use the service.

1.5 Liability for the operation of ZOOLITY

EXCEPT IN CASES OF INTENTIONAL ACTION, AND THOSE IN WHICH DUE TO THE PARTICULAR CIRCUMSTANCES OF THE USER OR OBJECT AN IMPERATIVE REGIME OF LIABILITY IS DEEMED APPLICABLE, ZOOLITY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE AFFECTING THE USER DUE TO THE USE OF ZOOLITY OR OF ANY OF THE SERVICES OR PRODUCTS OFFERED ON THE WEBSITE.

IN PARTICULAR, AND WITHOUT LIMITING THE PROVISIONS OF THE PREVIOUS PARAGRAPH, ZOOLITY ASSUMES NO RESPONSIBILITY FOR THE CONTENT OF THE PROGRAMS AVAILABLE FOR DOWNLOAD THROUGH ZOOLITY, WHICH ARE THE EXCLUSIVE RESPONSIBILITY OF THEIR DEVELOPERS, AND SUBJECT TO THE CORRESPONDING LICENSE CONDITIONS. THE USER ASSUMES ALL RISKS ASSOCIATED WITH THE DOWNLOAD AND USE OF THE PROGRAMS, EXPRESSLY EXONERATING ZOOLITY OF ALL LIABILITY, AND ACKNOWLEDGING THAT ZOOLITY, EXCEPT IN CASES IN WHICH IT IS EXPRESSLY ESTABLISHED OTHERWISE, IS LIMITED TO SOLELY PROVIDING ACCESS TO THE PROGRAMS OF THE CORRESPONDING CREATOR OR DEVELOPER.

1.6 Service suspensions

Zoolity may unilaterally cease to provide to any or all users the services and/or products offered via the ZOOLITY website.

In cases of service interruption to a particular user, a simple notification to the user shall suffice for said interruption, for any situation involving noncompliance with the terms of use or with any applicable regulation. The user accepts that Zoolity shall incur no liability on the occasion of a suspension on these terms.

Additionally, Zoolity may at any time, and incurring no liability, vary the content of ZOOLITY, interrupt the provision of all or some services, and/or deactivate or delete all or some user accounts without further limitations beyond those established by applicable laws on the requirement to maintain logs of certain operations during the corresponding legal time periods.

1.7 Applicable law and jurisdiction

The present terms of use are subject to Spanish legislation and to the extent to which the law does not establish an obligatory jurisdiction for a particular case the parties are subject to the exclusive jurisdiction of the courts of Málaga in everything related to them.

II INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS TO ZOOLITY CONTENT AND CONTRIBUTIONS MADE BY DEVELOPERS AND ZOOLITY USERS

2.1 Rights to ZOOLITY content

The user acknowledges that the elements and utilities integrated into the ZOOLITY website include content belonging to ZOOLITY, content from third-party developers, and content created by users themselves. Content belonging to ZOOLITY (including, with no limitation, the trademarks, logos, ZOOLITY site HTML code, design, and program descriptions and remaining content) and content from third-party developers are protected by intellectual and/or industrial property legislation.

The user therefore commits to respect the terms and conditions established in the present general conditions of use and the corresponding licenses for the use of the content from third- party developers available on ZOOLITY. The user acknowledges that the reproduction, modification, transformation, public communication or distribution, including without limitation the commercialization, decompilation, disassembling, utilization of reverse engineering techniques or any other method to obtain the source code of the website and/or applications available on it, and transformation or publication of any unauthorized test result for any of the elements or utilities integrated into the ZOOLITY website constitutes an infraction of intellectual and/or industrial property rights, and the user is therefore obligated to refrain from engaging in any of the aforementioned actions.

The user agrees to neither remove nor alter any distinctive sign used as a trademark or commercial name (graphics, logos, etc.), identifying feature of an element protected by copyright, or other notices, captions, symbols, or labels of Zoolity or of third parties that appear on the ZOOLITY website.

2.2 Use of the content and applications available on ZOOLITY

Unless prior agreement between the rights holder and the user stipulates otherwise, the user agrees to utilize the information and applications available on ZOOLITY exclusively for his or her own needs and to neither directly nor indirectly engage in commercial exploitation of the products and/or services to which he or she has access, or of the results obtained due to utilization of the ZOOLITY website.

2.3 Prohibited conduct

The user shall abstain from any conduct in the use of the ZOOLITY website that jeopardizes the intellectual and industrial property rights of Zoolity or of third parties; or that infringes or transgresses the honor, personal or family intimacy, or the image of third parties; or that is illicit or damaging to morality.

In particular, and without implying any limitation, the user shall abstain from engaging, via the use of the ZOOLITY website, in any destruction, alteration, disablement, or damage to the electronic data, programs, or documents belonging to Zoolity, to its providers, or to third parties, nor shall the user introduce or spread on the network any programs, viruses, applets, Active X controls, or any physical or electronic instrument or device that causes or is susceptible to causing any kind of alteration to the network, the system, or third-party computers. Likewise, it is expressly prohibited to engage in any type of activity or practice that violates the principles of good conduct generally accepted amongst Internet users.

2.4 Content uploaded on ZOOLITY by the user

The user is solely responsible for all materials uploaded, posted, e-mailed, or added in any other way by him or her to ZOOLITY (‘User Content’). The user certifies that he or she holds all intellectual and/or industrial property rights to User Content. By using the website and in exchange for the broadcasting of the corresponding content, the user cedes to Zoolity and its associated and linked companies, as well as its collaborators, an irrevocable, free, and non-exclusive global license, liable for sublicense, for a duration equal to the duration of the corresponding rights, to reproduce, transform, distribute, or publicly transmit User Content on ZOOLITY and the pages of its affiliates, related firms, and/or collaborators. ZOOLITY may distribute User Content to other users or make any other future use of it via any medium and/or procedure and in any format.

2.5 Requirement to report noncompliance

Any presumed infraction of intellectual or industrial property rights carried out on ZOOLITY and identified by a user should be reported to ZOOLITY by sending an email that includes a description of the presumed infraction to the following address: [email protected].