INTERACTIVA SL. ("WIFREE ZONE")
PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS AND
USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS WEB SITE, YOU
EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS,
POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE
TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS SITE.
conditions that govern the use of this Site and that must be followed by any
person or entity (User) that uses the Site.
By using this
Site (which includes visiting the Site whether or not participating in any
commerce) you agree to the terms and conditions set forth below and provided by
WiFREE ZONE and to follow all applicable regulations that apply to this Site.
Policy as we deem necessary or desirable without prior notification to Users.
Such changes may include, among other things, the adding of certain fees or
effective immediately upon being posted to this Site, whether on this Terms of
Use page or elsewhere on the Site. If you do not agree to any amended Site
Terms, you must stop using the Site.
information on how WiFREE ZONE collects, uses and discloses personally
identifiable information from its users.
OWNERSHIP AND COPYRIGHT
otherwise indicated, the Site, and all text, images, marks, logos and other
content contained herein, including, without limitation, the WiFREE ZONE logo
and all designs, text, graphics, pictures, information, data, software, sound
files, other files, Content (as defined below) and the selection and
arrangement thereof (collectively, the "Site Content") are the
proprietary property of WiFREE ZONE or its licensors and are protected by
Canadian and international copyright laws. All rights to the Site Content are
COPYRIGHT AND TRADEMARKS
its logo and all other product or service names or slogans displayed on the
Site are registered and/or common law trademarks of WiFREE ZONE and/or its
suppliers or licensors, and may not be copied, imitated or used, in whole or in
part, without the prior written permission of WiFREE ZONE or the applicable
trademark holder. In addition, the look and feel of the Site, including all
page headers, custom graphics, button icons and scripts, is the service mark,
trademark and/or trade dress of WiFREE ZONE and may not be copied, imitated or
used, in whole or in part, without the prior written permission of WiFREE ZONE.
All other trademarks, registered trademarks, product names and company names or
logos mentioned in the Site are the property of their respective owners.
Reference to any products, services, processes or other information, by trade
name, trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation thereof by WiFREE ZONE.
located on or in this Site is the exclusive property of WiFREE ZONE or used
with express permission of the copyright and/or trademark owner. ANY COPYING,
DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE
MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN
PERMISSION OF WIFREE ZONE ANALYTICS INC. IS STRICTLY PROHIBITED. Any violation
of this policy may result in a copyright, trademark or other intellectual
property right infringement that may subject End User to civil and /or criminal
grants you a limited, non-sublicenseable license to access and use the Site and
to view and print portions of the Site Content. Such license is subject to
these Site Terms, and specifically conditioned upon the following: (i) you may
only view, copy and print portions of the Site Content for your own
informational and personal use (ii) you may not modify or otherwise make
derivative uses of the Site or the Site Content, or any portion thereof; (iii)
you may not use the Site or the Site Content other than for its intended
purpose; and (iv) you may not reproduce, prepare derivative works from,
distribute or display the Site or any Site Content (except for page caching),
except as provided herein.
Except as expressly permitted above, any use of any
portion of the Site or Site Content without the prior written permission of WiFREE
ZONE is strictly prohibited and will terminate the license granted herein.
unauthorized use may also violate applicable laws, including without limitation
copyright and trademark laws. Unless explicitly stated herein, nothing in these
Site Terms may be construed as conferring any license to intellectual property
rights, whether by estoppel, implication or otherwise. This license is
revocable at any time.
and warrant that your use of the Site and the Site Content will be consistent
with this license and will not infringe or violate the rights of any other
party or breach any contract or legal duty to any other parties, or violate any
applicable law. You expressly agree to indemnify WiFREE ZONE against any
liability to any person arising out of your use of Site Content not in
accordance with these Site Terms.
permission for uses of Site Content not included in the foregoing license, you
may contact WiFREE ZONE at the address set out at the bottom of these Site
HYPERLINKS AND THIRD PARTY CONTENT
granted a limited, non-exclusive right to create a text hyperlink to the Site
for noncommercial purposes, provided such link does not portray WiFREE ZONE or
any of its products or services in a false, misleading, derogatory or otherwise
defamatory manner and provided further that the linking site does not contain
any adult or illegal material or any material that is offensive, harassing or
otherwise objectionable. This limited right may be revoked at any time. You may
not use a WiFREE ZONE logo or other proprietary graphic of WiFREE ZONE to link
to the Site without the express written permission of WiFREE ZONE.
may not use, frame or utilize framing techniques to enclose any WiFREE ZONE trademark,
logo or other proprietary information, including the images found at the Site,
the content of any text or the layout/design of any page or form contained on a
page on the Site without WiFREE ZONEs express written consent.
Except as noted
above, you are not conveyed any right or license by implication, estoppel or
otherwise in or under any patent, trademark, copyright or proprietary right of WiFREE
ZONE or any third party. Nothing contained on the Site may be construed as
granting, by implication, estoppel or otherwise, any license or right to use
any patent, trademark, copyright or other proprietary right of WiFREE ZONE or
any third party without the prior written permission of WiFREE ZONE or such
other party that may own such patent, trademark, copyright or other proprietary
The Site may
contain links to third-party Web sites ("Third-Party Sites") and
third-party content ("Third-Party Content") as a service to those
interested in this information.
You use links to Third-Party Sites, and any
Third-Party Content therein, at your own risk. WiFREE ZONE does not monitor or
have any control over, and makes no claim or representation regarding,
Third-Party Content or Third-Party Sites. WiFREE ZONE provides these links only
as a convenience, and a link to a Third-Party Site or Third-Party Content does
not imply WiFREE ZONEs endorsement, adoption or sponsorship of, or affiliation
with, such Third-Party Site or Third-Party Content. WiFREE ZONE accepts no
responsibility for reviewing changes or updates to, or the quality, content,
policies, nature or reliability of, Third-Party Content, Third-Party Sites, or
Web sites linking to the Site. When you leave the Site, our terms and policies
no longer govern. You should review applicable terms and policies, including
privacy and data gathering practices, of any Third-Party Site, and should make
whatever investigation you feel necessary or appropriate before proceeding with
any transaction with any third party.
circumstances will WiFREE ZONE be liable for any loss or damage caused by an
end user's reliance on information obtained through WiFREE ZONE. It is the
Users responsibility to evaluate the accuracy, completeness, or usefulness of
any information, opinion, advice, etc., or other content available through the
Site and Third Party Sites.
INFORMATION, REGISTRATION DATA, EMAIL ALERTS AND ACCOUNT SECURITY
Agreement sets forth the terms and conditions that govern the use of this Site
by the User. By using this Site (other than to read this Agreement for the first
time), End User agrees to comply with all of the terms and conditions set forth
in this Agreement. The right to use this Site is given on an individual basis
to a specific End User and is not transferable.
Each End User is responsible
for protecting the confidentiality of End User's password(s), if any.
In order to
use certain aspects of the website (including, but not necessarily limited to,
accessing your account to view analytics data collected at your venue or
establishment, or such other venue where you have elected to have installed WiFREE
ZONE's on-site WiFi service in accordance with the terms of an agreement
between you and WiFREE ZONE), you agree to (a) provide accurate, current and
complete information about you as may be prompted by any registration forms on
the Site ("Registration Data"); (b) maintain the security of your
password; (c) maintain and promptly update the Registration Data, and any other
information you provide to WiFREE ZONE, and to keep it accurate, current and
complete; (d) consent, upon registration with the Site, to having your email
address included on an email alert list for your city whereby you will be
alerted by email of the offers presented for that city or cities. You can
subscribe for additional email alert lists for additional cities by changing
your preferences or unsubscribe from email alert list(s) at any time by
clicking on the appropriate links in any email alert you receive; and (e)
accept all risks of unauthorized access to the Registration Data and any other
information you provide to WiFREE ZONE.
acknowledges that, although the Internet is often a secure environment,
sometimes there are interruptions in service or events that are beyond the
control of WiFREE ZONE and that WiFREE ZONE shall not be responsible for any
data lost while transmitting information on the Internet. While WiFREE ZONE
endeavours to make the Site accessible 24 hours per day, 7 days per week, it is
possible that the Site may be unavailable from time to time for any reason
including but without limitation to routine maintenance. You understand,
acknowledge and agree that due to circumstances, whether or not controllable by
WiFREE ZONE, your access to the Site may be interrupted, suspended or
terminated from time to time or generally.
has the right to change or discontinue any aspect or feature of the Site and WiFREE
ZONE's business, including, but not limited to, content, hours of availability
and equipment needed for access or use. Further, WiFREE ZONE may discontinue
any portion of the Site or any information disseminated or displayed or the
method of such dissemination or display at any time.
ADVERTISEMENTS AND PROMOTIONS
may, in its sole and absolute discretion, run advertisements and promotions
from third parties on the Site. Your business dealings or correspondence with,
or participation in promotions of, advertisers other than WiFREE ZONE, and any
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such third party. WiFREE ZONE is not responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of third-party advertisers on the
expressly provided to the contrary in a writing by WiFREE ZONE, the Site, the
materials contained therein and the services provided on or in connection
therewith (the "Services") are provided on an "as is" and
"as available" basis without warranties of any kind, either express
or implied. WiFREE ZONE expressly disclaims all other warranties, express or
implied, including without limitation implied warranties of merchantability,
fitness for a particular purpose, title and noninfringement as to the Services,
information, that the Site will be uninterrupted or error free, Content and
materials on the Site. WiFREE ZONE does not represent or warrant that materials
in the Site or the Services are accurate, complete, reliable, current or
error-free, and expressly disclaims any warranty or representation as to the
accuracy or proprietary character of the Site, the Site Content or any portion
is not responsible for typographical errors or omissions relating to pricing,
text or photography. While WiFREE ZONE attempts to make your access to and use
of the Site and the Services safe, WiFREE ZONE cannot and does not represent or
warrant that the Site or its server(s) are free of viruses or other harmful
components; therefore, you should use industry-recognized software to detect
and disinfect viruses from your computer on a regular basis.
LIMITATION OF LIABILITY
You waive and
covenant not to assert any claims or allegations of any nature whatsoever
against WiFREE ZONE, its affiliates, its loyalty program partners, or their
respective directors, officers, employees or agents (collectively, the "WiFREE
ZONE Parties") arising out of or in any way relating to your use of the
Site, the Services, the Content or the materials contained in or accessible
through the Site.
In no event
shall the aggregate liability of the WiFREE ZONE Parties, whether in contract,
warranty, tort (including negligence, whether active, passive or imputed),
product liability, strict liability or other theory, arising out of or relating
to the use of the Site exceed any compensation you pay, if any, to WiFREE ZONE
for access to or use of the Site.
PRIVACY AND USER COMMUNICATIONS
will only use personal information you provide to WiFREE ZONE in accordance
is under no obligation to refrain from reproducing, publishing or otherwise
using communications other than personal information, you send to or receive
from WiFREE ZONE by electronic mail or other electronic means, including any
ideas, inventions, concepts, techniques or know-how disclosed therein, for any
purpose, including the developing, manufacturing and/or marketing or products
or services incorporating such information.
APPLICABLE LAW AND VENUE
(excluding Third-Party Sites) is controlled by WiFREE ZONE and operated by it
from its offices in Huelva, Spain.
You and WiFREE ZONE both benefit from establishing a
predictable legal environment in regard to the Site. Therefore, you and WiFREE
ZONE explicitly agree that all disputes, claims or other matters arising from
or relating to your use of the Site will be governed by the laws of the
Province of Huelva and the federal laws of Spain applicable therein.
prohibited by applicable law, any claim, dispute or controversy (whether in
contract or tort, pursuant to statute or regulation, or otherwise, and whether
preexisting, present or future) arising out of or relating to these Site Terms;
(b) the Services; (c) oral or written statements, advertisements or promotions
relating to these Site Terms or to the Services; or (d) the relationships that
result from these Site Terms or the Services (collectively, a
"Claim") will be referred to and determined by a sole arbitrator (to
the exclusion of the courts).
Except where prohibited by applicable law, you
waive any right you may have to commence or participate in any class action
against WiFREE ZONE related to any Claim and, where applicable, you also agree
to opt out of any class proceedings against WiFREE ZONE.
If you have a Claim,
you should give written notice to arbitrate at the address specified below. If
we have a Claim, we will give you notice to arbitrate at your address provided
in your Registration Data. Arbitration will be conducted by one arbitrator
pursuant to the commercial arbitration laws and rules in effect on the date of
the notice in the Province of Ontario.
To the extent
arbitration as described in the immediately preceding paragraph is prohibited
by applicable law, you agree that all Claims will be heard and resolved in a
court of competent subject matter jurisdiction located in Huelva, Spain. You
consent to the personal jurisdiction of such courts over you, stipulate to the
fairness and convenience of proceeding in such courts, and covenant not to
assert any objection to proceeding in such courts.
If you choose
to access the Site from locations other than Huelva, you will be responsible
for compliance with all local laws of such other jurisdiction and you agree to
indemnify WiFREE ZONE for your failure to comply with any such laws.
TERMINATION/MODIFICATION OF LICENSE AND SITE OFFERINGS
notice and in its sole discretion, without any notice or liability to you, to
(a) terminate your license to use the Site, or any portion thereof; (b) block
or prevent your future access to and use of all or any portion of the Site,
Site Content or Services; (c) change, suspend or discontinue any aspect of the
Site, Site Content or Services; and (d) impose limits on the Site, Site Content
provision of these Site Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
of Use and shall not affect the validity and enforceability of any remaining
provisions. WiFREE ZONE may assign any or all of its rights hereunder to any
party without your consent. You are not permitted to assign any of your rights
or obligations hereunder without the prior written consent of WiFREE ZONE, and
any such attempted assignment will be void and unenforceable.
These Terms of
Use constitute the entire agreement between you and WiFREE ZONE regarding your
use of the Site, and supercede all prior or contemporaneous communications
whether electronic, oral or written between you and WiFREE ZONE regarding your
use of the Site. The parties confirm that it is their wish that these Terms of
notices, have been and shall be drawn up in the English language only. Les
parties aux presentes confirment leur volont que cette convention, de mme que
tous les documents, y compris tous avis, annexes et autorisations s'y
rattachant, soient rdigs en langue anglaise seulement.
15. QUESTIONS AND COMMENTS
Please, email us to: firstname.lastname@example.org.