This notice is compulsory reading and regulates the conditions for use that have to be observed and respected by users of the LonelyDrops API service. This notice should be read carefully, as accessing the service and/or using its results implies that the user has read and accepted, without exception, the following conditions.
In accordance with Spain's Law on Information-Society Services and e-Commerce and other supplementary legislation, you are informed that this website is owned by Conductiva Online Services SL , referred to hereinafter as "Conductiva Online", whose registered address is c/ pare gallissà, 5, 1r 1a, 08500, Barcelona, Spain, and whose Tax Code is B65152100.
LEGITIMATE USES ONLY
The LonelyDrops API service is made available to you for your personal, non-commercial or commercial use at your own risk. You may not use the functionality provided by the LonelyDrops API service with an existing product or service that competes with products or services offered by Conductiva Online.
If you are interested in doing anything different than the foregoing, you must first obtain Conductiva Online's written consent. If you fail to do so, Conductiva Online reserves the right to take legal action.
Furthermore, you may not use LonelyDrops API in any manner that either directly or indirectly violates any laws or proprietary rights. This includes laws and proprietary rights in the United States as well as in other countries.
If you have questions on your contemplated use or if you have comments on LonelyDrops API or ideas on how to improve it, please use the feedback section. Please note that by doing so, you also grant Conductiva Online permission to use and incorporate your ideas or comments into LonelyDrops API without further compensation.
You agree not to remove, obscure, or alter Conductiva Online's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within LonelyDrops API. You also acknowledge that Conductiva Online owns all right, title and interest in and to LonelyDrops API, including without limitation all intellectual property rights (the "Conductiva Online Rights"). The Conductiva Online Rights include rights to the following: (1) the APIs developed and provided by Conductiva Online and (2) all software associated with the LonelyDrops API server. The Conductiva Online Rights do not include the following: (1) third-party components used as part of LonelyDrops API; or (2) software developed by you in conjunction with using LonelyDrops API.
So long as you comply with your obligations under this Agreement, you may indicate that a product or service that you created either used or is based on LonelyDrops API provided that those products or services do not in Conductiva Online's reasonable opinion (1) tarnish, infringe, or dilute Conductiva Online's trademarks, (2) violate any applicable law, and (3) infringe any third-party rights. If you wish to use the CONDUCTIVA trademark and/or logo in any other manner, you must first obtain Conductiva Online's written consent.
DISCLAIMER OF WARRANTIES
The LonelyDrops API service is currently in beta form and has not been fully tested or debugged. Accordingly, Conductiva Online disclaims any responsibility for any harm resulting from your use of LonelyDrops API.
The LonelyDrops API service is provided "as is," with no warranties whatsoever. Conductiva Online expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Conductiva Online disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of LonelyDrops API.
You understand and agree that you use LonelyDrops API at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of LonelyDrops API.
LIMITATION OF LIABILITY
The LonelyDrops API service is being provided free of charge. Accordingly, you agree that Conductiva Online shall have no liability arising from or based on your use of LonelyDrops API.
Under no circumstances shall Conductiva Online be liable to any user on account of that user's use or misuse of LonelyDrops API. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Conductiva Online has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the LonelyDrops API, from inability to use LonelyDrops APIs, or from the interruption, suspension, or termination of LonelyDrops APIs (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
You hereby agree to indemnify, defend and hold Conductiva Online, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of LonelyDrops API, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Conductiva Online reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
TERM AND TERMINITATION
If you wish to terminate this Agreement, you may simply cease using the LonelyDrops API service. Conductiva Online may terminate this Agreement (and the service) at any time, with or without cause.
This Agreement is subject to the laws of Spain, and the parties agree to submit all disputes for settlement to the Courts of Vic, Spain.