Terms and conditions of use

1. Purpose

   This document sets out the Terms and Conditions of Use (hereinafter the “Terms and Conditions”), through which acceptance the user (hereinafter the “User”) establishes a contractual relationship with ROMEO SOUTH S.L., a company which is duly constituted in accordance with Spanish law, with VAT identification number B-86483567, in connection with the application called “eMule0.60″ (hereinafter the “Application”).

   The use of the services is subject to acceptance of and compliance with these Terms and Conditions, consequently, the User shall refrain from using the services in case of disagreement with the Terms and Conditions. The Terms and Conditions available at any given time will be considered current and, therefore, applicable. Furthermore, any particular terms, notices or operating instructions that are brought to the Users’ attention in connection with the services and that supplement the provisions in these Terms and Conditions will also be applicable to Users. We recommend that Users print or save a copy of the Terms and Conditions.

   The Terms and Conditions can be accessed at any time at the following address: www.emule.com/emule060-Terms-and-conditions

2. Services offered by the Provider

   Through the Application, the Provider offers a service the object of which is that Users can share all types of files in the Peer-to-Peer modality (hereinafter the “Service”). Accordingly, in no case does the Provider store the files or monitor them, it being the sole responsibility of the Users to ensure the legality of the files and that they have all the rights necessary and sufficient for their transmission through the P2P network.

3. Financial terms and conditions

   In principle, it is free to download the Application.

   Notwithstanding the foregoing, the Provider reserves the right to proceed with the financial exploitation of the Service and to charge for it at any time and by any means, with this circumstance being notified sufficiently in advance. In any case, the User accepts and assumes that the Application may be subject to a fee, the User in any case being provided with sufficient and comprehensive information on the financial terms and conditions that may be applicable. In particular, in the future it is planned to develop a Premium version of the Application, which will contain some advanced functionalities.

4. Service use and contractual terms and conditions

   The Service offered by the Provider is intended for and may only be contracted by private individuals of legal age or, if applicable, emancipated minors with full legal capacity to contract services. Unemancipated minors may only contract the Service offered by the Provider with prior authorisation from their parents, guardians or legal representatives, who will be responsible for the actions of those under their charge. These circumstances cannot be verified by the Provider; consequently, the Provider reminds parents and guardians of their responsibility to safeguard how those under their charge use the Service offered by the Provider. For these purposes, the User states that he/she is permitted or authorised to contract the Service and he/she ensures the accuracy of all data communicated as a result of the contracting procedure carried out.
   The User undertakes to make lawful use of the Service and agrees, as does the Provider, to comply with current applicable law, these Terms and Conditions, the moral and/or public order. The User must comply with the stated standards, showing particular attention to the Intellectual and Industrial Property rights, the User shall refrain from using the Service for illegal purposes, or in such a manner that infringes on or violates the rights and interests of the Provider or third party holders thereof. The User will be solely responsible for any damages or losses of any nature that may arise from the improper, unlawful or illegal use that the user makes of the Service offered.
   The Provider is not responsible for any failures or unavailability of the Service that are not directly attributable to it (including but not limited to, connectivity failures or network outages, errors in the wording of messages, excess network traffic, the operating performance of operators, characteristics of different mobile phones, computers and/or IT tools).

   Additionally, the Provider makes no guarantees and assumes no liability for the Application, including widgets, toolbars, and any other applications which have been developed by third parties. It is the responsibility of the User to make a decision in advance regarding the suitability of the program or application he/she wants to install, as well as compliance with the corresponding license terms and conditions of use which, in this case, may be applicable.

5. Intellectual and Industrial Property 

   The intellectual and industrial property rights on the Application belong to the Provider or, if applicable, to third parties with which the Provider has been able to reach agreements.

   The Provider grants, through the acceptance of these Terms and Conditions, an end user license in connection with the Application, it being forbidden, at the professional level, to distribute, or in any other way exploit or disseminate it, in any form or by any means, without the prior written consent of the Provider, the infringement of these rights may give rise to out-of-court or civil judicial or criminal proceedings that apply. If you are interested in obtaining a professional license for the Application, for commercial purposes, or to redistribute or forward it to third parties, you should first contact the Provider by email, at the following address: developers@emule.com
   In case of any issues, concerns or queries regarding the Service offered by the Provider, you can contact the Provider via email contact@emule.com, or by writing to the Provider at the address stated above.

6. Personal data protection 

   The User is subject to our Privacy Policy.

7. Applicable law and jurisdiction 

   These Terms and Conditions are governed by the law and jurisdiction applicable to the Provider, except where the User has the condition of being a consumer, in which case the governing Courts and Tribunals will be those of their residence, or those cases in which the law imperatively establishes otherwise.