ARTICLE 1 - PURPOSE
1. The purpose of these Terms and Conditions of use (hereinafter referred to as "T&C") is to establish the terms and conditions of the relationship between the Users and , ZANKYOU. These T&C may, in all cases, be completed with other Specific Conditions. In the event of any contradictions between the T&C and the Specific Conditions, the latter shall take precedence over the former.
2. Access to the website is totally voluntary. By clicking on the Register button, the User indicates that he or she is fully aware of and accepts all the conditions of this Contract. Refusal to accept these conditions shall result in access to the Service provided by Zankyou being denied.
3. The Service provided by Zankyou is designed and reserved for private individuals only.
ARTICLE 2 - CLIENT STATEMENT AND LIABILITY
1. Users agree to use the Service in accordance with these T&C, the law, morality, generally accepted good customs and public order.
2. Users agree not to publish content that may be offensive or for advertising purposes and that is not in keeping with applicable law.
3. Users waiver the right to take any actions against Zankyou or ask for responsibilities due to the data presented by Zankyou.
4. Web-list users must register online on the Website and read and accept these T&C before using the Service. By accepting them, Users:
a. Guarantee the truthfulness of the information regarding their identity, e-mail address and postal address entered on the Registration Form.
b. State that they are liable for the truthfulness of the information included on their Personal Page, and they guarantee that the content published on the same is in keeping with applicable law and the dignity of the people. Users may only use graphic material or text to which they hold the corresponding usage rights.
c. Are responsible for proper use of their Password to their Personal Webpage. Users must notify Zankyou immediately, in a certifiable manner, of the loss or theft of their Password, fully assuming the consequences derived from the same until said notification is given. Once the notification has been received, Zankyou will assign a new Password.
5. Users waive the right to take any actions against Zankyou to defend their image, intellectual property and private life due to the data published on their Personal Page.
6. Users agree to resolve any dispute that may arise between them regarding the content of the Personal Page without the mediation of Zankyou.
ARTICLE 3 - PRIVACY AND PERSONAL DATA PROTECTION
1. Zankyou hereby states that it complies with the applicable regulations regarding data protection; specifically, the Data Protection Act 1998.
2. Zankyou maintains the levels of personal data protection security required by law and has established all technical measures at its disposal to prevent the loss, misuse, alteration, unauthorised access and theft of the data provided by the User on the website.
3. Zankyou agrees to preserve the confidentiality of the personal data supplied by the user in accordance with the applicable legislation, as well as to process them in a secure manner in the event of any international data transfers.
4. Zankyou requests from the Users only the essential data required to provide the Services correctly, and they are maintained only for the necessary amount of time. By providing the e-mail address and other personal data, Users give Zankyou their permission to process said information for the purpose of providing the Service. Furthermore, they authorise Zankyou to inform them of any offers, opportunities or promotions related to the Wedding and to report said information to other companies to carry out joint or single commercial actions. However, Users may express their desire at any time in writing or by e-mail to be excluded from that type of information and to keep their data from being provided to other companies.
5. Any User may exercise certain rights including the right to request a copy of your Information and to have inaccurate Information corrected. They can also request the cancellation of their personal data, in accordance with the terms and conditions set forth in the The Data Protection Act 1988. To that end, Zankyou hereby states that the File Manager is Javier Calleja, who can be contacted by the Users at the e-mail address firstname.lastname@example.org, as well as by post to calle Faraday 7, 28049 Madrid, Spain.
6. Zankyou hereby informs the User that a cookie will be installed automatically on their computer when they visit the Site in order to identify the User and offer a more personalised service. However, if they wish, users may deactivate and/or delete these cookies by following the instructions on their Internet browser.
7. This website uses the following cookies:
a. Cookies to ease navigation of users and remember where the user has visited, and how they navigated themselves around the site.
b. Session Cookies, to follow the session on the pages that require registration.
c. Advertising Cookies. To monitor if a user has seen an advertisement.
d. Third Party Cookies. Many advertisements on the site are from third parties. Third party companies have their own terms of privacy and data protection.
ARTICLE 4 - INTELLECTUAL PROPERTY
1. The texts and graphic elements contained and distributed on the Website, as well as their presentation and organization, are the sole property of Zankyou, which maintains the usage rights to them through third-party agreements. In this regard, they are protected works pursuant to Spanish and European intellectual property regulations, as well as the international treaties signed in that field.
2. Zankyou does not license nor authorize any use of its industrial and intellectual property rights or any other property or right related to its Website, except by express agreement with third parties.
3. Users may reproduce the content of the Site solely for the purpose of storage, backup copies or printed copies.
4. Aside from the above, any reproduction or presentation, in whole or in part, of the content of this Website or of any of its elements for commercial purposes or for any use beyond those mentioned is prohibited without the express written consent of Zankyou. Failure to abide by the above shall give Zankyou the right to take the pertinent legal action.
5. The following is likewise prohibited:
a. Presenting a page from this Site in a window that does not belong to Zankyou by means of the technique known as "framing", unless expressly authorized by Zankyou.
b. Inserting an image presented on the Site on a page that does not belong to Zankyou by means of the technique known as "inline linking", unless expressly authorized by Zankyou.
c. Extracting elements from the Site, leading to damages of any kind to Zankyou, pursuant to the provisions of Legislative Royal Decree 1/1996, dated 12 April, which approves the Reworked Text of the Intellectual Property Act and Law 5/1998, dated 6 March, on the Incorporation into Spanish Law of Directive 96/9/EC on the Legal Protection of Databases.
6. The rights not granted above are reserved by Zankyou or, as appropriate, by Zankyou's third-party collaborators.
7. All trade names, trademarks or distinctive signs, logos, symbols, mixed marks, figures or names that appear on the Site are the property of Zankyou or Zankyou has the corresponding usage licenses for the same.
8. The user agrees that Zankyou, with respect to published content, has worldwide and non-exclusive authorization to reproduce the content on the website, and that this may be transformed in order to adapt to the technical requirements of the service, during the period of maximum effect recognized in intellectual property law.
9. In the case of suspect that a user or third party considers a violation of their intellectual property rights, they will email email@example.com indicating the following:
a. The personal information of the holder of the rights allegedly infringed. If the claim is submitted by someone other than the person concerned, it shall indicate on whose behalf they are acting.
b. A description of the protected content and its location on the website.
c. Timely accreditation of these Intellectual property rights.
d. An expressed statement in which the holder states responsibility for the veracity of information.
ARTICLE 5 - PERSONAL PAGE CLOSURE
1. Zankyou is entitled to partially or totally close any Personal Page or Wedding List without forewarning should its Users breach these T&C.
2. In any case, Zankyou can close the Personal Page 12 months after its date of creation if all the contributions have been transferred and the period of validity of all services have expired.
ARTICLE 6 - GUARANTEE AND LIABILITY EXCLUSIONS
1. Zankyou is obliged to do everything materially possible to ensure that the Service is accessible 24 hours a day, 7 days a week; users expressly acknowledge that it is impossible to guarantee said universal access. Zankyou shall be exempt from any liability, in the broadest terms allowed by applicable law, for damages of any kind that may arise due to lack of availability or continuity in the functioning of the Service, as well as for any errors in accessing the different pages on the Website.
2. Zankyou reserves the right to interrupt the Service due to maintenance or upgrade work on the same.
3. Zankyou reserves the right to delete and edit at any moment and without warning from a Personal Page any content deemed to be offensive or when there is reasonable doubt as to whether it breaks the law, informing the Users of said action.
4. Zankyou shall not be liable in any case for the content generated by the Users of the Wedding's Personal Page, nor in the listings within the supplier´s directory. Zankyou is not obliged to monitor the content to be included in the aforementioned pages.
5. Except for the cases described expressly in the T&C, Zankyou shall not be liable for damages of any kind that may arise due to a lack of accuracy, completeness, timeliness, nor for those due to errors or omissions related to the information and services contained on the Website or on the Personal Pages.
6. Zankyou shall not be liable in any case, nor obliged in any way to the partners or family members of the Beneficiaries, users or Contributors not covered by this Contract.
7. Zankyou allows registered users to input images, videos and comments and assessments of the published services. The content published is prepared either by users or by using Zankyou´s own or external sources. Zankyou does not guarantee in any way the accuracy of the features regarding the contents and services published and is expressly exempt from any liability for damages of any kind that may result from the lack or errors in the description and characteristics of the content published. Zankyou periodically reviews the contents of the website, but cannot verify all of this information, so it cannot take responsibility for the contents.
8. Zankyou offers the user links to other sites managed and controlled by third parties, with the sole function of facilitating users to search for information, content and services on the Internet web sites. Zankyou does not commercialize, manage , or own the content, services and information available on such linked websites , or endorse , supervise or control in any way the contents and services and any material of any nature therein , assuming the user exclusively full responsibility for navigating through them.
ARTICLE 7 - MISCELLANEOUS PROVISIONS
1. If any clause included in these T&C were to be declared null or void, in full or in part, said nullification or voiding would affect only that provision, or the part of the same declared null or void, and the rest of the T&C would remain in effect and said provision, or the affected part of the same, will be considered to have been excluded.
2. All demands, requests and other communications required from the parties in relation to these T&C shall be made in writing and they shall be understood to have been duly made when delivered in hand, either by post to the address of the other party or by e-mail to the same, or to any other postal or e-mail address indicated by each party for these purposes.
ARTICLE 8 - APPLICABLE LAW AND JURISDICTION
1. These T&C shall be governed by and interpreted in accordance with Spanish law.
2. ZANKYOU is registered in the Registro Mercantil de Madrid (Madrid Business Registry), entry no. 1/1850/242/36, with registered offices at Faraday 7, Madrid, Spain.
3. In the case of difficulties in applying these T&C, the parties agree to seek a resolution on friendly terms before taking any legal action.
4. Any lawsuits that may arise related to these T&C, their interpretation and consequences, or the documents that they complement or modify, shall be submitted expressly and exclusively to the courts of Madrid, regardless of the diversity of defendants, request for guarantees, references and experts' reports.