AgenSynd S.L., (hereinafter, “AgenSynd”), of Spanish nationality, with C.I.F B-86474046, address O’Donnell street, 12 – 6^th floor – 28009 Madrid, and registered in the Madrid Mercantile Register (Volume 29971, Sheet 96, inscription no. 1 in page number M-539344, registered on the 25^th of May 2012), hereby informs the Users who access or use the services and contents in general included in the following websites  www.agensynd.com,  www.agensynd.es, www.agensynd.net,  www.agensynd.co.uk  y www.agensynd.fr  (hereinafter, any of them, the “Website”) about the terms applicable to the access and use thereof (hereinafter, “Terms of Use”).

Terms and conditions

By browsing and/or using the Website, you become a User thereof, regardless if you are a registered User or not, and therefore, you accept these Terms of Use and the responsibility limitations established in the Terms of Use. This consent is given in your name. In the case you do not accept these Terms of Use, you must leave the Website immediately. If you continue to browse on the Website, then you agree to be bound by the following Terms of Use.

AgenSynd will be able to modify the display and configuration of the Website at any moment in time and without prior notice, as well as the Terms of Use. Such modifications will be published on the Website so that the User can be aware of them before starting to use the Website. The use of the Website once the modifications to the Terms of Use have been undertaken will mean the acceptance of the new Terms of Use by the User.

The User acknowledges and accepts that in order to be able to use or access specific information contained in AgenSynd Tools he/she might be required to download and install a certain computer program or cookie.

Responsibility and disclaimer of warrantees

The use of the Website by the User is carried out at his/her own risk and under his/her own responsibility.

The User will be accountable for any damages or harm AgenSynd is subject to directly or indirectly as a consequence of the non-compliance with any of the obligations in the Terms of Use related to the use of the Website.

AgenSynd will act diligently according to the generally accepted uses in the industry to avoid the presence of a virus or any other harmful elements that may result in any alterations to computer systems, electronic documents or in files of the User, but cannot guarantee the absence of such elements, therefore not accepting any liability for the damages that may be caused.

AgenSynd will only be accountable for the damages which the User might suffer as consequence of the use of the Website when they are attributable to willful misconduct by AgenSynd.

AgenSynd is committed to carrying out all the efforts required to guarantee the availability and continuity of the Website, as well as the services it provides.

Notwithstanding, AgenSynd cannot guarantee the correct functioning of the Website at all times, nor the quick, uninterrupted and bug-free access and use of it.

With notifying and in no case limiting purpose, AgenSynd will not be accountable for the damages that may be caused as a consequence of:

• inferences, omissions, interruptions, computer viruses, failures and/or disconnections in the operating systems or computer equipment of the User, resulted from any causes external to AgenSynd;
• lags or crashes during use caused by Internet flaws or overloads or in other electronic systems;
• damages that may be caused by third parties through illegal interferences that are beyond the control of AgenSynd;
• the inability to grant access to the Website for reasons not attributable to AgenSynd caused by the User, third parties, or force majeure events.

AgenSynd does not guarantee the technical availability, quality, reliability, accuracy or veracity of the contents and services available on sites belonging or managed by third parties to which the User can access through technical devices of linkage (“links”) from the Website. AgenSynd does not control the content of said websites or offer or market the products and services available on websites linked in such manner, nor accepts no liability thereof.

Cookies

AgenSynd can use cookies when the User is browsing the Website. The User has the responsibility of configuring his/her browser to be notified on screen of the use of cookies and to prevent the download of cookies on his/her hard drive. Please, refer to the instructions and manual of your browser for more information.

AgenSynd will use cookies to make the browsing experience easier and to offer a faster and more personalized service. Cookies are small text files that the server downloads into the User’s preconfigured operating system on his/her computer to identify them. The cookies downloaded by AgenSynd are associated exclusively to anonymous profiles of the Users, without granting access to personal data nor data stored on the hard drive of the User’s computer.

Intellectual and Industrial property

The User acknowledges that all the elements contained on the Website, the tools and information contained thereof, the interface, the computer programs, the structure, selection, layout and display of its contents are protected by the intellectual and industrial property rights of AgenSynd or third parties.

Unless previously authorized by AgenSynd or, when applicable, by third parties that hold the corresponding rights, or whenever it seemed legally admissible, the User will not replicate, transform, modify, disassemble, apply reverse engineering, distribute, rent, lend, make available or allow access to the public through any means of public communication of any of the elements mentioned in the previous paragraph.

User Conduct

The User will use the website diligently, in accordance with the law, morality, public order and the provisions in the Terms of Use, refraining him/herself from using the Website in any such way which might prevent, damage or deteriorate its normal operation and benefit from other Users or that could cause harm or damage to any of the assets and rights of AgenSynd, of other Users, or third party.

The User guarantees that the information, including personal data, they provide AgenSynd is truthful.

More specifically, but not limiting the general obligations referred to in the previous paragraph, the User is bound during the use of the website to:

• Not introducing, storing or spreading by means of the Website any computer program, data, virus, code, or any other element or electronic device that is likely to cause damage to the Website or any equipment, systems or networks of AgenSynd or of any third party, or that might alter or prevent the normal operation thereof.
• Not use false identities, nor impersonate others by using the Website.
• Not hide nor forge the source of electronic messages nor send mass mailing messages.
• Not destroy, alter, disable or damage the data, information, programs or electronic documents of AgenSynd, its suppliers or any third party.
• Not introduce, store or disseminate any content that breaks the intellectual and industrial rights or contain company secrets of third parties, nor any other content of which they do not have the legal right to make available to third parties.
• Not avoid, deactivate or manipulate by any other means the security features of the Website nor perform any other actions that might alter the access and use of it.
• Not perform any act that breaks the intellectual and industrial property rights of AgenSynd, including acts of reverse engineering.

The User acknowledges and accepts that AgenSynd will, whenever they deem appropriate and at its own discretion, perform inspections on the use of the Website to verify the compliance of the Terms of Use, and, whenever appropriate, facilitate any relevant information on the compliance of regulatory requirements. Notwithstanding, the User acknowledges that AgenSynd is not required to perform such inspections.

Non-compliance with the Terms of Use and Termination

The User will be held accountable for any damage and harm of whichever nature that AgenSynd may suffer directly or indirectly as a consequence of the non-compliance with any of the obligations contained in the Terms of Use. Furthermore, the User will indemnify and save harmless AgenSynd against any sanction, claim or action performed by a third party, including any public bodies, taken on AgenSynd as consequence of the breach of any third-party rights by the User.

Without accepting responsibility for any damage or harm that may be caused to the User, AgenSynd will be able to, immediately and without the need for prior notice, settle and terminate its relationship with the User, preventing the User’s access to the Website, if a reasonable suspicion exists that it is being used in any way which does not comply with the Terms of Use.

Miscellaneous

In the case that AgenSynd is unable to assert the rights established in the Terms of Use, said situation will not be interpreted as a waiver to other rights derived from the Terms of Use.

The unlawfulness, invalidity or ineffectiveness of any of the clauses in the Terms of Use will not affect the effectiveness of the rest. Any such clauses should be replaced or supported by others that, in accordance with the law, serve the purpose of those being substituted.

The User acknowledges that, irrespective of the provisions set forth in the applicable law, any claim related to the use of the Website must be notified within one (1) year of the incident. After this period the right to claim will expire.

Applicable Law and jurisdiction

These Terms of Use will apply and be interpreted in accordance with the Spanish law. Unless specifically prohibited by the law, for the settlement of all litigious matters derived from the present Terms of Use, AGESYND and the User, by common agreement, are subject to the jurisdiction of the Courts and Tribunals of Madrid, expressively waiving any other jurisdiction that might correspond to them.

In case of doubt concerning these Terms of Use or any other related matter, the User can contact AgenSynd at the following address:

AgenSynd, S.L. O’Donnell street, 12 – 6^th floor 28009

info@agensynd.com