Terms and conditions of use
The following are the terms and conditions for use of the Elecfinder products and services described herein (the “Service”). Please read them carefully
We take industry standard security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
We restrict access to personal information to Factory Data employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to disciplinary measures, including termination and criminal prosecution, if they fail to meet these obligations.
Factory Data hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to use the Elecfinder platform solely as necessary to use the Service for one web page that you own and control. Your license of use and access to the Elecfinder platform (which may include, without limitation, the Technology and Documentation) is conditioned upon your compliance with the terms and conditions of the Agreement, including the following:
You will not, nor will you allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Technology or the Documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Elecfinder platform; (iii) rent, lease, sell, assign or otherwise transfer rights; (iv) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service. You will use the Software for your own internal use, and will not make the Service available for timesharing, application service provider or service bureau use.
The license will expire immediately upon failure to comply with the terms of this Agreement. Upon such expiration Factory Data within 3 business days will cease any further access to the Service.
You are responsible for the correct implementation of our embedded services under the applicable laws, and specifically, will do so in a way that does not allow for the collection of web services calls made to our server
FACTORY DATA WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS)
Disclamer of warranties.
Factory Data does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Software or any other software on the Server is free of viruses or other harmful components.
Factory Data does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Factory Data control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Factory Data or your servers are located or co-located.
If you provide access to your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party, whether or not you are authorized to do so by Factory Data, the terms of this Section shall apply to you.
The Service and all intellectual property rights in the Service are, and shall remain, the property of Factory Data. Without limiting the generality of the foregoing, you agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service
Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright.
You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact us.
Miscellaneous; applicable law and venue.
Factory Data shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the State of Spain without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Lleida, Spain. Any notices to Factory Data must be sent to: Factory Data c\Vallcalent, 1 despacho 3-E, 25006 Lleida – SPAIN, via by physical mail, and are deemed given upon receipt. The failure of Factory Data to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You may not assign or otherwise transfer any of your rights hereunder without Factory Data prior written consent, and any such attempt is void. The relationship between Factory Data and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. Factory Data reserves the right to amend, change these terms of service, except for the agreed upon terms of the Account and the Subscription, at any time without notice, and encourages you to periodically review them to ensure you are in compliance therewith.