2. THE PARTIES TO THE AGREEMENT The present Conditions are subscribed by: Hashtagmeter.com, (hereinafter Hashtagmeter), with registered offices at Plaza Gabriel Miró 1, Madrid (Spain), for notification purposes. Hashtagmeter is propriety of Francesco Boserman with identification number X6161021B. and The User, being the person that uses the website and/or the products, services, content and/or tools and who has entered his or her details in the form provided by Hashtagmeter in order to access any of the products, services, contents and/or tools offered via the website owned by Hashtagmeter. The User is solely and exclusively responsible for the authenticity of the data entered.
3. SCOPE AND PURPOSE The present Conditions applying to the offer of services, as well as any other terms and conditions which may be applied, have the purpose of regulating the purchase and acquisition of the products, services, contents and tools provided by Hashtagmeter to the User via its website and constitute the legal framework within which the contractual relationship is established, whether via financial transaction or the free provision of goods or services (in accordance with the specific license agreements corresponding to the products, services, contents and/or tools). The products, services content and or tools subject to this agreement will be those made available to users at the following website belonging to Hashtagmeter: http://hashtagmeter.com All of the products, services, contents and/or tools will be subject, where applicable, to specific contractual conditions which will be available on the website. Similarly, the products, services, contents and/or tools which so require, will be subject to the terms and conditions of their respective end user license agreements. These conditions and user license agreements are available for consultation, printing and saving by the User prior to executing the agreement.
4. ACCEPTANCE AND AVAILABILITY OF THE CONDITIONS OF USE OF THE WEBSITE The present Conditions, along with any specific conditions that could apply, regulate the contractual relationships entered into by the User via the Hashtagmeter website. The User expressly accepts to abide, without reservation, by the version of these provisions published by Hashtagmeter at the moment in which the product, service, contents or tools are contracted. The User therefore undertakes to read the contractual conditions each and every time he or she contracts a product or service, as said conditions may have changed since they were last accessed. The present Conditions are not exhaustive and other conditions specific to certain products, services, contents or tools available on the website may exist and will be available to the User where applicable. By accepting the present Conditions the User declares: 1. That he or she is legally entitled to execute agreements. 2. That he or she has read and accepts the present Conditions. The User will always have access to all contractual terms and conditions applying to the products, services, tools and content available on the website prior to the execution of the agreement. The User may contact Hashtagmeter by e-mail at: email@example.com with any questions relating to the present Conditions.
5. MODIFICATION TO THE CONDITIONS FOR CONTRACTING AND USING THE WEBSITE Hashtagmeter may, with due cause or reason, modify the present provisions. Due cause or reason is understood to be when such modifications are as a result of the: 1. Increase to the range of products and services available to the User or improvements to existing products and services. 2. Adaptation to technological advances of the products and services subject to the present conditions. 3. Modification, substitution or update of the prices of the products and services offered via the website.
6. CONDITIONS FOR ACCESSING THE WEBSITE AND USING THE PRODUCTS AND SERVICES Access to the Hashtagmeter website is free of charge, without prejudice to any specific pricing conditions that may apply to the acquisition of certain products or services or the use of certain content or tools. The User undertakes and guarantees to use the website in accordance with applicable legislation, the Conditions established in the present agreement and respecting accepted moral standards. To this end, the User undertakes to: 1. Not use the services, products, content and/or tools that Hashtagmeter has made available, for illegal purposes or purposes expressly prohibited by these provisions or the effects of which may infringe upon the rights or interests of Hashtagmeter or third-parties. 2. Abstain from any activity that could damage, overload, harm or impede the normal functioning of Hashtagmeter’s website. Similarly, and in accordance with applicable legislation, the User undertakes to refrain from illicitly or fraudulently obtaining site contents or stealing or plagiarising said contents. 3. Not to use the products, services, contents or tools for illicit purposes, or for any end which could be prejudicial to Hashtagmeter. The User shall not modify, copy, distribute, publish, grant or sell any information or image in any way related to the products, services, contents or tools offered by Hashtagmeter through its website content. The User shall hold Hashtagmeter harmless in the event of damages caused to third-parties as a result of the User’s rightful or wrongful use of the products, services, contents or tools available on the website. To this end, the User accepts sole and exclusive for any liability that may arise from the circumstance described in the previous paragraph. Similarly, the User will meet legal costs and compensation that could arise from legal proceedings resulting from the User’s failure to comply with that established in the preceding clauses or in any other applicable legislation. Hashtagmeter, in order to guarantee the rights established in these Conditions and fulfilment of applicable legislation, may: 1. Appoint administrators to supervise the service, respecting, in all circumstances, the User’s right to privacy. 2. Temporarily interrupt website services without prior warning and at any time for technical or legal reasons. 3. Modify the conditions governing the offer of products, services, content or tools for technical or legal reasons. 4. Modify the content of products, services, content or tools on the website without prior notice, should it see fit for business reasons. It also reserves the right to refuse access, without prior notice, to the products, services, content or tools to any User who contravenes the present Conditions. 5. Remove or replace any information that may be illegal or simply offensive from the products, services, contents or tools offered via the website. 6. Report to the competent institutions any suspected illicit conduct, activity or data of which Hashtagmeter is aware.
7. THE PARTIES’ OBLIGATIONS 1. Hashtagmeter’s obligations Hashtagmeter undertakes to fulfil the following contractual obligations which arise from the commercial relation with the User as a consequence of his or her contracting the products, services, content or tools: Provide the User, in good faith and with maximum guarantees, the product, service, content and or tool requested by the User in accordance with the present Conditions, and the end user license agreement where applicable. Expressly inform the User of the existence of the present Conditions prior to the execution of the agreement. Specifically, precisely, clearly and unequivocally inform the User prior to the execution of the agreement of the specific characteristics of the products, services, content or tools requested, as well as of the prices and any applicable taxes. Make available to the User the text of the Conditions. Similarly, and for those products, services, content and/or tools that require, any applicable specific terms and conditions derived from the user license agreement of the item in question. Give the User confirmation that the transaction has been successful, except in the case of those products that are executed immediately, within 24 hours of payment (where required) and acceptance of the applicable conditions by the User. Send the User the receipt of payment or invoice for the products or services contracted from Hashtagmeter, should such products or services require purchase. Comply with applicable consumer rights regulations and legislation with respect to the return of products and services by the User, as specified in the sections concerning returns in the present Conditions. 1. The User’s obligations The user undertakes to: Fulfil the obligations established in the present Conditions, as well as the specific conditions established on the website at:http://www.hashtagmeter.com, concerning the products, services, content and tools offered by Hashtagmeter. Complete the registration forms with true and accurate information, where such information is a mandatory requisite for accessing Hashtagmeter’s products, services, contents or tools. Complete the forms required for the purchase of products, services, content and tools with true and accurate information, as such information may be necessary for these items to be delivered and/or invoiced. Use the products, services, content and tools in accordance with the specifications laid out in the Conditions and solely for the purposes established in the end user license agreement. Provide, in the case of purchasing products, services, content and tools, the financial details required by Hashtagmeter, and pay all sums due in accordance with the method of payment and the established prices published by Hashtagmeter with respect to each product or service at the moment they are contracted. Refrain from sending messages which could impede or interfere with the normal operation of the services offered by Hashtagmeter. In any event, the User will be solely responsible for the messages he or she composes and sends, as well as the data he or she provides.
8. LIABILITY OF THE PARTIES 1. Hashtagmeter’s liability for the functionality of the website. Hashtagmeter will only be liable for loss or damages incurred by the user as a consequence of accessing the website, acquiring products or services, or using the contents or tools when such damages are attributed to willful misconduct on the part of Hashtagmeter. Similarly, Hashtagmeter will not be held liable for damages incurred by the user in the event of the impossibility of offering the service subject to the present general agreement conditions due to accident, force majeure or other causes not attributable to Hashtagmeter. Neither will Hashtagmeter be liable for the malfunction of the website where such malfunction is due to maintenance work, incidents, malfunction of the terminal or lack of sufficient resources for supporting the systems essential for the use of the service. Hashtagmeter will take the measures necessary to ensure a rapid response, but Hashtagmeter will not be held responsible for delays attributable to telecommunication services nor does it guarantee delivery times for product, services or where applicable, contents or tools. 1. User’s liability. The User will be solely liable for the consequences of the communication of false data or data corresponding to third parties. In the event of failure by the User to comply with the applicable obligations arising from the agreement, Hashtagmeter reserves the right to take any corresponding legal action as well as restricting access to products, services, content and tools.
9. LIMITATION OF LIABILITY Hashtagmeter makes every effort to ensure that the information that appear on its website is true and up-to-date. However, errors or omissions may occur, and for this reason, the User should not consider information to be accurate without first checking the accuracy of the information with Hashtagmeter. None of the information or content on this website should be considered as an indubitable fact. Hashtagmeter cannot control how the User utilizes the information or content offered on this website and will therefore not be held responsible for deeds, acts or damages, whether direct or indirect, suffered by the User or third-parties which could be the consequence or arise from the use of said information or content. To this end the User holds Hashtagmeter harmless from any liability arising from interruptions when acquiring products, content and tools, or disruptions to the provision of services due to force majeure or circumstances beyond its control. To this effect, elements beyond its control include (i) the modem, (ii) the User’s IT systems, (iii) Internet browsing software, (iv) viruses, (v) telephonic and electrical connections, (vi) ADSN, and any other transport or telecommunication infrastructure used by the User. Hashtagmeter will not be held responsible for any damages or losses caused to the user by third-party products. Users uses third-party products entirely at their own risk, under their respective terms, conditions and legal notices for which Hashtagmeter is not responsible
12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS Hashtagmeter holds the intellectual and industrial property rights over the elements that comprise the website, such as the trade names, trademarks, designs and symbols. These include, but are not limited to, the copyrights on logos, colour combinations, the choice and form of presentation, web page source code, menus, browser buttons, HTML code, Java applets, texts, images, graphics, as well as any other content of the web page related to products and services provided by Hashtagmeter. The User undertakes to respect the intellectual and industrial property rights of the website and of the products, contents and tools. To this end, the User will refrain from copying, reproducing, distributing, making available or publicly communicating website content, without prior written authorisation Hashtagmeter. In this event, the User will always act in accordance with the following conditions: Any total or partial reproduction of the website, or of the tools or contents, must include the Hashtagmeter copyright notice: “© Hashtagmeter 2016. All rights reserved”. Similarly, in case of reproduction and/or distribution of content belonging to third-parties which appears in this website, the corresponding copyright warnings of these third-parties must also appear. The content of this website may not be modified unless prior written authorisation from Hashtagmeter has been granted. Such content may be used for information purposes only and not for commercial aims or for distribution, public communication, transformation or de-compiling. Hashtagmeter reserves the right to revoke authorisation to use the content of its website at any time. In such cases, those concerned must cease to use the utility. Hashtagmeter will not be responsible for any third-party information to which part or all of the contents of its website have been added. None of the images or graphics on Hashtagmeter’s website may be used separately from the rest of the images that appear with them or from the corresponding text, where relevant. It is not permitted to distribute or publish the content of the website together with information that promotes: Pornography and/or prostitution. Child abuse. Racism. Terrorism. Arms trading. Any other illegal content.
13. PRICES The prices and tariffs corresponding to the purchase of products and services by the user will be those that appear in Hashtagmeter’s website (Hashtagmeter.com) in the moment that the User accesses the product or service and commences the purchase process. Similarly, the conditions concerning shipping costs and taxes will those specified on the corresponding web page. Hashtagmeter reserves the right to modify tariffs and price lists published on its website should it see fit. In any event, any such changes will not apply to products and services contracted prior to the modification, with the exception of concepts related to the renewal of products and/or services. Methods of payment for the services will be as specified in the corresponding conditions at the time they are contracted and will always be available to the User prior to their being contracted. Hashtagmeter reserves the right to cancel the services contracted by the User in the event that the latter does not respect the methods of payment stipulated, or does not pay for the products and/or services.
14. DURATION OF THE AGREEMENT The contractual obligations derived from the contracting of the products, services, contents or tools by the users from Hashtagmeter will remain in force for the period of time stipulated in the corresponding specific conditions or in the terms and conditions of the product’s end user license agreement available to the User beforehand. The present Conditions and any corresponding specific conditions shall remain in force for as long as they are published on the aforementioned website and will apply from the moment the User uses the website and/or begins to contract any of the products, services, contents or tools. Hashtagmeter reserves the right to unilaterally modify the Conditions, without prejudice to the conditions under which products have been acquired prior to such modification, with the exception of cases in which users have acquired a new product version, or if services have been modified by Hasthagmeter, in which case, the terms and conditions in force at the moment of the change or modification will apply.
15. TERMINATION OF THE AGREEMENT Hashtagmeter reserves the right to terminate the products, services, contents and/or tools contracted via this website at any time, and without prior notice should the User fail to comply with the general and specific contractual conditions or, where applicable, the End-User License Agreement for the product or service in question. The User may unsubscribe at any time. Hashtagmeter makes no charge from the time the cancellation was made. The user will have his or her subscription activated until the period ends. The User has a period of 15 days since the payment is executed to request a refund in case of not having made use of the product. No refund will be made once the service has been used regardless of the time passed. To exercise the aforementioned right, the User must inform Hashtagmeter in writing, by email sent to the Customer Service email address at firstname.lastname@example.org, within the appropriate time period. In this event, Hashtagmeter will reimburse the User the amount paid within fourteen (14) days of the receipt of the written notification from the User. Such reimbursement will be made using the same means of payment as used by the User for the initial transaction.
16. APPLICABLE LEGISLATION AND JURISDICTION The present contractual conditions are governed by applicable Spanish legislation. In the event of any doubt or disagreement about the interpretation of the provisions herein or their effects, the only competent authority will be the Madrid Courts of Justice. The User expressly renounces any other jurisdiction that may correspond to him or her.
17. NOTIFICATIONS All notifications, requests, petitions and other communication carried out by the parties with respect to the present general terms and conditions must be written and sent by registered post or burofax to the other party at their postal address.
18. SEVERABILITY OF CLAUSES Should any provision of this agreement prove to be, become or be declared null and void or unenforceable, the remaining provisions shall be unaffected and shall remain fully valid and effective.