Users
Access and/or use of the services and other material provided by AEoncase grants the condition of user. Such access and/or use implies acceptance of the TERMS.
Depending on the registration modality, there are two types of users:
users registered by filling out the form made available for that purpose (“REGISTERED USERS”). Once registered, REGISTERED USERS will be allocated resources in the servers controlled and/or operated by AEoncase, depending on the service selected. REGISTERED USERS with free accounts will have access to a subset of the full capabilities of the service
visitors that access the WEBSITE, media material, product pages, documentation and any other material provided by AEoncase, as well as data and specific capabilities made public by REGISTERED USERS via the SERVICES (such as, but not limited to, public links to a photo collection or the ability to upload files to a shared folder), without an account and/or subscription
User rights
Once registered, REGISTERED USERS will be assigned an ACCOUNT with a user PROFILE.
Subject to the acceptance and observance of the TERMS and receipt by AEoncase of the applicable fees, AEoncase, as the service owner, grants users a non-exclusive, non-transferable, revocable, limited (without the right to sublicense) license to access and use the SERVICES and SOFTWARE made available by AEoncase corresponding to the subscribed service modality.
Nothing in this license shall permit the users, or any other third party, to rent, lease, sell, transfer or sublicense the SERVICES, SOFTWARE or contents made available by AEoncase.
Users are solely responsible for the files and other contents they may store, transfer or share via the Service. Users do not grant AEoncase any rights to their contents except those required to provide the SERVICES, such as, but not limited to, the right to store, process, transmit, reproduce, and distribute the contents.
User responsibilities
By registering on the aeoncase.com WEBSITE or any other domain controlled and/or operated by AEoncase, users understand and/or certify that
they are over 18 years of age. Individuals under 18 do not have permissions to use and/or access the SERVICES or SOFTWARE.
their use of the SERVICES does not infringe on the rights of AEoncase or any third party
they explicitly accept the TERMS and PRIVACY POLICY
Users are not allowed to exploit commercially, direct- or indirectly, any or all of the contents and/or functionality from the WEBSITE, unless explicitly authorized beforehand and in written form by AEoncase.
Users are solely responsible for:
maintaining the data in their PROFILE
custody of their access credentials, as well as any damage and/or prejudice to AEoncase or any third party for non-authorized use of them
Users bind themselves:
to make responsible and reasonable use of the Service, and to keep their PROFILE data up-to-date
to give AEoncase up-to-date, correct, truthful contact details required for payment of the SERVICES and license fees when applicable
to use the SERVICES and SOFTWARE according to the TERMS and the PRIVACY POLICY
not to use the WEBSITE, SERVICES or SOFTWARE for carrying out activities against the law.
Forbidden uses
Access or usage of the SERVICES or SOFTWARE in any way that violates the law or is unauthorized is forbidden.
In particular, but not exclusively, it is forbidden to:
store, publish, or share:
any contents that might violate the privacy or infringe the rights of others
any multimedia contents with personal images or personal data from any third party without consent
any contents that violate intellectual or industrial property rights, secrecy in electronic communications or personal data protection rights
any contents or information unlawfully pornographic or indecent, discriminative or defamatory against any person or group of people, misleading, fraudulent or in any way contrary to public order or morality
unsolicited or unauthorized communications, promotional material, spam or similar communications
any contents that imply a commercial activity without prior, explicit consent
redistribute, publish or share in any way user-provided contents from any other users, except when shared by them via the mechanisms explicitly provided in the SERVICES to that effect
use the SERVICES with illicit purposes, or linked to activities contrary to public order or morality
use of the SERVICES in ways that interfere with the SERVICES or their use by other users, or impose an unreasonable or disproportionately large load on AEoncase’s infrastructure
use or introduction in the SERVICES of software containing viruses, or any other computer code, files or programs, that might interfere with or disrupt the SERVICES or the WEBSITE, or interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
the use of any technological or other means allowing users and non-users of the SERVICES to exploit, with or without gain, the profiles and contents from the WEBSITE, such as scraping or automated operations on the WEBSITE
defeat, remove, deactivate, or otherwise circumvent, or assist a third party in doing so, any protection mechanisms in the SERVICES or the SOFTWARE, including, but not limited to, any such mechanism used to restrict or control the functionality of the SERVICE or the SOFTWARE
create ACCOUNTS with untruthful data
create ACCOUNTS, or any other kind of use, impersonating any person or entity, or falsely stating or otherwise misrepresenting affiliation with a person or entity
collect contact information from other users with the purpose of performing unsolicited communications
analyze, decompile, disassemble, reverse engineer or attempt to derive the source code, underlying mechanisms or algorithms of any parts of the SERVICES or the SOFTWARE, or assist any third party in doing so, to the extend permitted by law
modify, copy, translate or create derived works from any part of the SERVICES, the WEBSITE, or the SOFTWARE
distribute, rent, lease, sell, transfer or sublicense part or any of the rights on the SERVICES or the SOFTWARE held by the users according the TERMS
AEoncase shall not be held responsible for the activity of the users in forums, chats, or any other mechanisms of participation.
User-provided content and profile
Users accessing and/or using the SERVICES or SOFTWARE assume the sole responsibility to verify their access and/or use is allowed by local law, including, but not restricted to, the usage of cryptography.
Users guarantee regarding the PROFILE data and the contents they store, transfer, share and/or publish using the SERVICES that:
the contents do not infringe any law or the rights of any third party, including but not limited to any intellectual property rights
they are legally allowed to grant AEoncase the limited rights required to store or manipulate the contents as required in order to provide the SERVICES
Users are solely responsible for the files, contents and so on they may store, transfer or share via the Service.
Users agree to indemnify and hold AEoncase and its affiliates, employees, officers, directors, owners, information providers, licensees and licensors harmless against all liabilities, damages and costs, incurring reasonable attorney fees, arising out of any claim by a third party against AEoncase and its affiliates regarding circumstances where AEoncase denies any responsibility, including but not limited to:
use of the SERVICES or SOFTWARE in violation of the TERMS or the PRIVACY POLICY
PROFILE data and user-provided content, including but not limited to: infringement of intellectual property rights, privacy rights or any moral rights, and/or defamation
violation of any third party rights by the users
Software provided by AEoncase
Subject to the present TERMS, and with the approval of AEoncase, users can download or attempt to download software comprising applications, files, associated media and electronic documentation, henceforth “SOFTWARE”, provided by AEoncase via the WEBSITE and/or the SERVICES.
AEoncase grants users a non-exclusive, non-transferable and non-assignable license, with no right to sublicense, to install and use client SOFTWARE on computers owned or operated by the users. This license is granted with the sole purpose to allow access to the SERVICES provided by AEoncase or services provided by AEoncase’s SOFTWARE. The SOFTWARE is licensed, not sold.
Users shall not analyze, decompile, disassemble, reverse engineer or attempt to derive the source code, underlying mechanisms or algorithms of any parts of the SOFTWARE, or assist any third party in doing so, except to the extent applicable law prohibits restrictions on reverse engineering.
Use of the SOFTWARE is subject to the present TERMS and associated license grant. The license grant shall be in effect from the time the SOFTWARE is installed and shall remain in effect as long as the user account is in good standing. The license will terminate upon violation of the TERMS or termination of the account for any reason.
Users agree that parts of or the whole SOFTWARE might be updated automatically with or without prior notice. Users are responsible for ensuring the SOFTWARE is up-to-date, and failure to do so might result in the SOFTWARE or the SERVICES not performing properly. SOFTWARE updates are subject to the present TERMS and license grant unless stated otherwise.
The SOFTWARE is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall the AEoncase or its affiliates, employees, directors, owners, information providers or licensors be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the SOFTWARE or the use or other dealings in the SOFTWARE.
Intellectual and industrial property
AEoncase owns or uses with permission all the intellectual and industrial property rights from the WEBSITE and SOFTWARE and all the elements contained in them. All rights reserved.
Users bind themselves to respect the intellectual and industrial property rights owned by AEoncase and its third-party licensors. Under no circumstance shall it be understood that access, browsing or use of the SERVICES or SOFTWARE implies waiver, transmission or assignment, total or partial, of the rights owned by AEoncase and its third-party licensors. Use of any part or the whole of the SERVICES or SOFTWARE is only allowed according to the TERMS and the above-referenced license grant.
Users shall not attempt to defeat, remove, deactivate, or otherwise circumvent, or assist a third party in doing so, any protection mechanisms in the SERVICES or the SOFTWARE, including, but not limited to, any such mechanism used to restrict or control the functionality of the SERVICE or the SOFTWARE.
Limitation of liability
Users expressly understand and agree that, to the fullest extent permissible by law, neither AEoncase nor its affiliates, employees, directors, owners, information providers or licensors shall be liable to them or any third party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, reputation, data or other intangible losses, whether direct or indirect, even if AEoncase has been advised of the possibility of such damages, for the use or inability to use the SERVICES or SOFTWARE, as well as any other product and/or service made available by AEoncase, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the WEBSITE, the SERVICES or the SOFTWARE, unauthorized access to or alteration of user data, statements posted by, or the conduct of, any third party on the WEBSITE, SERVICES or via the SOFTWARE, or any other matter relating to the WEBSITE, the SERVICES or the SOFTWARE. If applicable law does not allow these limitations, the maximum aggregate liability of AEoncase to a user or any related party under any and all circumstances will not exceed the amount paid by the customer to AEoncase for the past 6 months for the SERVICE subscription or pertinent SOFTWARE license fees.
Disclaimer of warranties
AEoncase strives to ensure the correctness of the SERVICES and SOFTWARE, but, to the fullest extent permissible by law, AEoncase and its affiliates, suppliers and distributors make no warranty, express or implied, about the WEBSITE, SERVICES or SOFTWARE, including, but not limited to, any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose. In particular, but not as a limitation thereof, AEoncase does not warrant that the SERVICES or SOFTWARE will meet user requirements, and that the operation of the SERVICES and SOFTWARE will be uninterrupted or error free.
Third party services and websites
The WEBSITE and SOFTWARE may contain links to third-party sites (“LINKED SITES”) that might include advertisements and commercial offers unrelated to AEoncase.
AEoncase does not own, operate or control the LINKED SITES, and will in no circumstance be responsible for their contents, advertisement or commercial offers included in them, including, but not limited to, their availability, quality, reliability, accuracy, completeness, truthfulness or legality. The inclusion of the links does not imply endorsement or any contractual relationship with the LINKED SITES.
AEoncase does not assume any responsibility for the content of third party websites that may link to the WEBSITE or make references to the SERVICES or SOFTWARE.
Users are solely responsible for reviewing third-party usage terms and privacy policies from third party services they might subscribe for usage with the SERVICES or SOFTWARE, as well as for their access to third-party websites or contents they might download from third-party websites.
Right of withdrawal
AEoncase provides comprehensive descriptions of the SERVICES and SOFTWARE, including functionality, fees and license fees, payment form and period of validity.
AEoncase voluntarily offers refunds, for any reason, on SOFTWARE license fees to all customers worldwide, beyond the legal requirements set in Directive 2011/83/EU and the 1/2007, Nov. 16, Royal Legislative Decree, up to 14 days after the purchase or initial download or use of the SOFTWARE (whichever comes first). Users domiciled in a EU member state may have the right to withdraw from SERVICE purchases as per Directive 2011/83/EU, which AEoncase voluntarily extends to all customers worldwide. Users may request refunds pursuant to AEoncase’s refund policy even when not covered by EU right of withdrawal.
Refunds can be requested online in the order history section of the user’s online account.
Refunds are performed through the same payment method used to make the purchase, whenever possible. If, for any reason, it is impossible to issue the refund via the initial payment method, the user will be credited the full amount in the online pre-paid account.
As a EU merchant, AEoncase is legally required to inform EU users of their right of withdrawal in the specific legal terms that follow, which shall prevail towards any EU user should they differ from the above refund policy.
Right of withdrawal
You have the right to withdraw from any purchase from
AEoncase SERVICES or SOFTWARE licenses within 14 days
without giving any reason.
The withdrawal period will expire after 14 days from
purchase or initial download for SOFTWARE licenses
(whichever comes first), or 14 days from subscription,
purchase or use, or conclusion of the contract for
SERVICES (whichever comes first).
To exercise the right of withdrawal, you must inform
AEoncase SLU of your decision to withdraw from the
purchase or subscription by an unequivocal statement
(e.g., a letter sent by email). You may use the attached
model withdrawal form, but it is not obligatory. You can
also electronically fill in and submit the model
withdrawal form or any other unequivocal statement on
our website https://www.aeoncase.com. If you use this
option, you will be given an acknowledgement of receipt
of such a withdrawal on a durable medium (e.g., by
email) without delay.
To meet the withdrawal deadline, it is sufficient for
you to send your communication concerning your exercise
of the right of withdrawal before the withdrawal period
has expired.
Effects of withdrawal
If you exercise your right of withdraw, we shall
reimburse to you all payments received from you,
including the costs of delivery (with the exception of
the supplementary costs resulting from your choice of a
type of delivery other than the least expensive type of
standard delivery offered by us), without undue delay
and in any event not later than 14 days from the day on
which we are informed about your decision to withdraw
from this contract. We will carry out such reimbursement
using the same means of payment as you used for the
initial transaction, unless you have expressly agreed
otherwise; in any event, you will not incur any fees as
a result of such reimbursement.
Exceptions from the right of withdrawal
Pursuant to EU law, the right to withdraw does not apply
as regards the following:
(a) service contracts after the service has been fully
performed if the performance has begun with the
consumer’s prior express consent, and with the
acknowledgement that he will lose his right of
withdrawal once the contract has been fully performed by
the trader;
(b) the supply of goods or services for which the price
is dependent on fluctuations in the financial market
which cannot be controlled by the trader and which may
occur within the withdrawal period;
(c) the supply of goods made to the consumer’s
specifications or clearly personalised;
(d) the supply of goods which are liable to deteriorate
or expire rapidly;
(e) the supply of sealed goods which are not suitable
for return due to health protection or hygiene reasons
and were unsealed after delivery;
(f) the supply of goods which are, after delivery,
according to their nature, inseparably mixed with other
items;
(g) the supply of alcoholic beverages, the price of
which has been agreed upon at the time of the conclusion
of the sales contract, the delivery of which can only
take place after 30 days and the actual value of which
is dependent on fluctuations in the market which cannot
be controlled by the trader;
(h) contracts where the consumer has specifically
requested a visit from the trader for the purpose of
carrying out urgent repairs or maintenance. If, on the
occasion of such visit, the trader provides services in
addition to those specifically requested by the consumer
or goods other than replacement parts necessarily used
in carrying out the maintenance or in making the
repairs, the right of withdrawal shall apply to those
additional services or goods;
(i) the supply of sealed audio or sealed video
recordings or sealed computer software which were
unsealed after delivery;
(j) the supply of a newspaper, periodical or magazine
with the exception of subscription contracts for the
supply of such publications;
(k) contracts concluded at a public auction;
(l) the provision of accommodation other than for
residential purpose, transport of goods, car rental
services, catering or services related to leisure
activities if the contract provides for a specific date
or period of performance;
(m) the supply of digital content which is not supplied
on a tangible medium if the performance has begun with
the consumer’s prior express consent and his
acknowledgment that he thereby loses his right of
withdrawal.
Model withdrawal form
(complete and return this form only if you wish to
withdraw from the contract)
To AEoncase SLU, Doctor Zamenhof 44, 28027 Madrid, Spain
I hereby give notice that I withdraw from my contract of
sale for the provision of the following item (*) /
service (*): [item/service and the corresponding
purchase/subscription], ordered on [date of
purchase/subscription].
[name of customer and AEoncase site account]
[address of customer]
[signature of consumer (only if this form is notified on
paper)]
[date]
(*): delete as appropriate
Service modifications
AEoncase reserves the right to modify, remove, discontinue or expand the contents or functionalities of the WEBSITE, SERVICES or SOFTWARE without prior notification.
Right of exclusion and termination
AEoncase reserves the right to suspend, terminate or restrict, without prior warning and in its sole and absolute discretion, access to the SERVICES and the associated license grants should any of the previous forbidden activities be performed, or when required so by law, judicial or administrative order, or due to safety reasons regarding the company, its infrastructure or the SERVICES.
Suspension or termination of the user account and license grants shall not under any circumstance result in any indemnification towards the user. Users further acknowledge and agree that their prior obligations towards AEoncase shall survive such termination.
Miscellanea
AEoncase will pursue non-compliance to the TERMS as well as incorrect use of the WEBSITE or SERVICES. Any attempt to damage, destroy, and/or otherwise interfere with the operations of the WEBSITE, the SERVICES and/or the SOFTWARE, is a violation of criminal and civil law, and AEoncase will pursue any and all remedies against the offending individual or entity to the fullest extend permissible by law.
Infringement of rights
In case any person or entity detects a work of copyright has been published using the SERVICES in any way that constitutes copyright infringement, they may notify AEoncase via the info@aeoncase.com email address, including the following information:
- contact information of the person authorized to act on behalf of the owner, as well as proof of identity
- a description of the work claimed to have been infringed
- a description of where the material claimed to be infringing is located on the WEBSITE, so as to allow AEoncase to locate it
- a signed statement that the above information is accurate and that the claimant is the owner (or authorized to act on behalf of the owner) or the rights claimed to be infringed upon.
Publicity
AEoncase reserves the right to identify the companies or organizations the users are affiliated with, or using the services on behalf of, as users of the services, and to use their logo and/or name, link to their websites, and refer to them on AEoncase’s website and other marketing materials, in such way that this information can not be attributed to an identified or identifiable natural person. Users can request AEoncase to stop such identification at any time by sending a written notice to contact@aeoncase.com.
Modifications of the terms
AEoncase reserves the right to replace, review, modify and/or complete the present TERMS and the PRIVACY POLICY at any time for legal and/or technical reasons, changes in the operation of the SERVICES, or strategic decisions, without prior notice. By continuing to access or use the WEBSITE, SERVICES or SOFTWARE, users agree to be bound by the revised terms. The terms in force at any particular time can be found on the WEBSITE. Continued use of the SERVICES and/or SOFTWARE after the revisions come in effect shall constitute consent to any and all changes.
Notices
Users accept that AEoncase may send them notices or communications to the email address they provided during registration.
Waiver
AEoncase’s failure to enforce a provision is not a waiver of its right to do so later. Each disposition in the TERMS and PRIVACY POLICY is independent and must be considered separately. Should any provision be considered or declared void, invalid or unenforceable by a competent court, that shall not affect:
the validity and applicability in that jurisdiction of the remaining provisions
the validity and applicability in other jurisdictions of the concerned or any other provision in the TERMS and PRIVACY POLICY
Applicable law
The TERMS shall be governed and construed under Spanish law and shall be subject to the exclusive jurisdiction of the Courts of Madrid (Spain), should any dispute, claim or disagreement arise from them, without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.