TERMS AND CONDITIONS OF USE
Last Updated 10/15/13
1. – GENERAL INFORMATION
1.1. The website filewin.com (hereafter THE WEBSITE) is owned and operated by the company VITTALIA INTERNET, SL (hereafter VITTALIA) with registered address at Av. Nieves 37, escalera B 1ºB 28935 Móstoles (España) and VAT number (ES)B86217031.
1.2. You may contact VITTALIA at any time by sending an email to: firstname.lastname@example.org.
2. – TERMS ANS CONDITIONS WHEN USING THE WEBSITE
2.2. THE ToU may be changed or modified by VITTALIA at any time without any previous notice in order to optimize or adjust its content to the applicable regulations and/or to the changes in the products and/or services provided through THE WEBSITE. By accessing THE WEBSITE after such changes or modifications have been implemented you also accept the referred changes.
2.3. In addition to this some products/services provided by THE WEBSITE may also be subject to certain specific conditions which shall be previously accepted by the user.
3. – DESCRIPTION OF THE WEBSITE
3.1. THE WEBSITE is a download platform which enables users to access and download a vast array of software programs easily organized in categories. Such service is intended and authorized only for a non-commercial use.
3.2. More specifically THE WEBSITE offers to its users the following services:
- Content and files organized by categories, themes and scoring criteria
- Content search service
- Daily verification of download availability
- Any other service integrated in THE WEBSITE
3.3. THE WEBSITE only distributes third parties’ shareware, freeware and/or software demos which are publicly available and/or software duly licensed to VITTALIA for distribution.
3.4. Such distribution is made through the software downloaders provided by VITTALIA (the downloaders), as described in clause FOURTH below or through a link to the author’s website.
3.5. THE WEBSITE neither distributes nor accepts software which:
Is designed to infringe third parties’ intellectual property rights, such as software cracks, key generators, software serial numbers, etc
Damages third parties’ property or equipment, such virus and worms
Contains pornography, obscene and/or immoral content
Does not meet VITTALIA quality standards
Is illegal under the applicable regulations
3.6. THE WEBSITE may also contain or give access to P2P (peer to peer) file sharing programs designed to exchange all sorts of contents between users. The use of this type of software may imply certain risks you should be aware.
3.7. Particularly P2P file sharing programs can also be used to illegally share content protected by copyright law (such as music, movies, videogames, etc.) for which VITTALIA takes no responsibility whatsoever. Therefore user shall be solely liable for any infringing conduct in running P2P file sharing programs. You can find more information on P2P software here.
3.8. In case you are a publisher and you are interested in distributing your software through THE WEBSITE, please feel free to contact us at email@example.com.
3.9. Unless otherwise expressly stated in written VITTALIA does not claim any ownership rights regarding the software distributed through THE WEBSITE.
4. – SOFTWARE DOWNLOADER
4.1. THE WEBSITE’S software download may be made through the downloaders provided by VITTALIA. In some cases such downloaders have been developed directly by VITTALIA. In some other cases they have been developed by third parties.
4.2. All the software distributed through VITTALIA’S downloaders has been thoroughly analyzed with state of the art technology and, according to the available technology and our best knowledge, is free from virus and malware.
4.3. The downloader makes the software’s download more reliable and offers additional features to user which may be freely accepted and/or may request user’s consent to replace their browser’s homepage. In case that, after installing any software you want to change back the homepage settings, please follow the procedures set out in the following link.
4.4. The negative to accept any of the downloader’s requests does not halt or cancel the software’s downloading and installing process.
4.5. The downloader does not belong or is connected in any way to the owner of the software whose download is intended.
4.6. The software hosted or accessible from THE WEBSITE may also be distributed by means of physical devices such CD or any other storing mechanisms.
5. – DISCLAIMER OF WARRANTIES, LIABILITIES AND WAIVER
5.1. THE WEBSITE and all its content are provided on an “as is”, “as available” and “with all faults” basis without warranty of any kind either express or implied.
5.2. The use of THE WEBSITE, including the links to third parties sites, is at the user’s sole risk. Under no circumstances, including but not limited to negligence, shall VITTALIA or its affiliates be liable for any direct, indirect, incidental, special or consequential damages arising from such use, even if VITTALIA has been advised of the possibility of such damages.
5.3. In accordance with the former VITTALIA does not endorse any software and/or any content hosted in third parties sites.
5.4. VITTALIA specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any software distributed directly or indirectly through THE WEBSITE.
5.5. VITTALIA does not make any representation or warranty with regards the software descriptions included in THE WEBSITE, which may not be accurate, complete or reliable.
5.6. VITTALIA does not make any representation or warranty with regards the user’s expectations in connection to any software distributed through THE WEBSITE.
5.7. VITTALIA does not make any representation or warranty with regards the safety, integrity and/or fitness for a certain use of the software downloaded directly or indirectly through THE WEBSITE, including but not limited to the software downloaded from the author’s website.
5.8. In case THE WEBSITE contains links to third parties websites, VITTALIA does not make any representation or warranty for the content and/or the safety of such sites. Any access to third parties’ websites shall be made only at user’s own risk and consideration.
5.9. VITTALIA represents and warrants that all the software available in THE WEBSITE is distributed in compliance with the applicable regulations involving third parties rights. Notwithstanding the former in case you become aware of any third parties rights’ infringements please, follow the procedure stated in clause SEVENTH below.
5.10. VITTALIA does not represent or warrant that the service provided through THE WEBSITE will be error-free or uninterrupted, that defects will be corrected or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses.
5.11. VITTALIA does not represent or warrant that the use of THE WEBSISTE is lawful in any particular jurisdiction.
5.12. The user shall be solely responsible for any loss, damages(whether actual, consequential, punitive or otherwise), injury, claim, liability arising from the improper use of THE WEBSITE, any software downloaded through THE WEBSITE and/or in default with the applicable Terms and Conditions of use, especially those involving third parties rights.
6. – INTELECTUAL PROPERTY
6.1. THE WEBSITE, including its content, information, data, designs, code and associated materials is protected by the international and national legislation on industrial and intellectual property.
6.2. VITTALIA grants the users a limited non-exclusive license to undertake the following activities:
Access THE WEBSITE
Visualize THE WEBSITE’S content
Download the available software in accordance with THE ToU
Reproduce and use the downloaded software for a non-commercial use, and according to the software’s owner licenses, and/or third parties’
The referred rights shall be deemed granted provided user complies with any applicable regulation on copyright and industrial/intellectual property.
6.3. VITTALIA does not grant any other right but those expressly contained in the previous paragraph. Therefore user is not entitled to any other activities such as distribute, modify, compile, alter in any way or create derivative works from THE WEBSITE and from any software downloaded through THE WEBSITE and/or grant sublicenses with regards any rights previously granted unless expressly accepted in written by the owner(s) of the rights in connection with the referred software and/or VITTALIA.
7. – INTELLECTUAL PROPERTY INFRINGEMENT
7.1. In case you become aware of any intellectual property infringement within THE WEBSITE, please send us an email to the email address firstname.lastname@example.org including the following information:
Description of the intellectual property which has been allegedly infringed
Description of how the previously referred intellectual property has been allegedly infringed
Location (URL) of the alleged infringement within THE WEBSITE
Your contact details (name, address, email, phone number) so we can reach you in case we need further information
Evidence of your capacity to act on behalf of the holder of the allegedly infringed rights
Statement of truthfulness and accuracy of the previous information, assuming personal responsibility if the claim turns out to be unfounded
7.2. Upon examination of the claim, VITTALIA will remove from THE WEBSITE any infringing material.
8. – PERSONAL INFORMATION POLICY
8.1. VITTALIA complies and respects the European directives on personal data protection. By accessing THE WEBSITE VITTALIA will obtain the following information:
The domain name of your Internet Services Provider (ISP) and/or your IP address.
The date and time of access to THE WEBSITE.
The link you followed to access THE WEBSITE.
The browser you used to access THE WEBSITE.
Your computer operating system.
8.2. The referred information it is anonymous and shall not be used by VITTALIA to obtain any personal information of yours such as name, address, phone number or any other information that may lead specifically to you.
8.3. Notwithstanding the former, in case that the previous information is deemed to be personal for any reason, VITTALIA informs you, in compliance with European Directives, that any information obtained through THE WEBSITE shall be stored in an automated file, duly registered before the Spanish Data Protection Agency with the number 2130320492 owned and managed by VITTALIA which shall have the following purposes:
Providing the user with requested services
Attending any claim, query or request made by users
Statistical studies that will allow an improvement in service
8.4. The personal information (if any) may be accessed also by VITTALIA’S affiliates for the said purposes. Such information shall not be disclosed to any other third party unless it is necessary to comply with a legal requirement received from a competent authority and/or to reply to any claim raised by a third party.
8.5. The user expressly consents and authorizes VITTALIA to use of the referred information in accordance with the clauses contained in THE ToU.
8.6. VITTALIA will adopt the necessary technical, organizational and security measures to ensure the secrecy of any personal information and to avoid the altering, loss, and unauthorized handling or access of the information, in accordance with the rules established in the applicable law.
9. – PROCEDURE TO USE YOUR RIGHTS IN CONNECTION WITH PERSONAL INFORMATION
9.1. You may access, rectify, cancel or oppose to the submitted personal information at any time, without retroactive effects by sending us a request to the address email@example.com including the following details:
Your name and surname
Your contact details, (address, email, phone number)
The specific request you are interested in obtaining from VITTALIA
Copy of your ID card
In case you are acting on behalf of a third party, copy of your powers of attorney
9.2. You may also make the said request by sending a letter to VITTALIA INTERNET, SLU Av. Nieves 37, escalera B 1ºB 28935 Móstoles (España), which shall contain the same information as described in the previous paragraph.
10. – COOKIES POLICY
10.2. THE WEBSITE uses these types of cookies:
Performance cookies, which allows your computer to remember your browsing settings in THE WEBSITE, in order to avoid setting them up every new visit
Register cookies, generated whenever you sign up or log in THE WEBSITE, thus being identified between different sessions on THE WEBSITE. However, you can log out from THE WESBITE at any time. Additionally, you may use social network connectors, such as Facebook or Google Plus, in order to sign up or sign in THE WEBSITE. By doing so, you authorize the social network to keep a cookie with information about your identity, grating you access to any service until its expiration. You can delete this cookie and revoke the social network’s access from their website
Ad cookies, either VITTALIA’s of from third parties, allowing broadening the information displayed in the ads showed to any anonymous user on THE WEBSITE.
10.3. In any case VITTALIA will be held responsible for the use of the information stored in the cookies, nor for any other prejudice caused by third parties
10.4. Even though blocking cookies will adversely affect your browsing experience in THE WEBSITE you can do so by accessing the instructions contained in the following links:
10.5. VITTALIA shall not be held responsible from any loss of quality in the service provided through THE WEBSITE arising from user blocking THE WEBSITE’S cookies.
11. – MISCELLANEOUS
11.1. THE ToU supersede any other conditions previously issued and contains the entire bargain between VITTALIA and the user and in the case of any inconsistency between these terms and the terms of any other contract documents sent by us to you (whatever their respective dates) these terms shall prevail. THE ToU shall apply except as may be expressly agreed by us in writing. Any concession or waiver made by us at any time shall not prejudice the exercise of our rights hereunder.
11.2. In the event that any provision of these ToU is declared by any judicial or other competent authority to be void, voidable or illegal, the remaining provisions shall continue to apply.
11.3. These ToU were written originally in Spanish. To the extent any translated version of these ToU conflicts with the Spanish version, the Spanish version shall prevail.
11.4. VITTALIA reserves the exclusive right to alter, limit or discontinue THE WEBSITE in any respect without notice thereof and without taking into consideration user’s needs or preferences.
11.5. We inform you that the information obtained through THE WEBSITE will be hosted in the servers of the company VH, SAS, located in Roubaix (France).
12. – LAWS AND JURISDICTION
12.1. THE WEBSITE and THE ToU are governed and construed in accordance to the Spanish law.
12.2. Any dispute arising from or in connection with THE ToU shall be referred the Courts of Madrid (Spain) with express exclusion of any other jurisdiction.