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Terms of Use

LEGAL INFORMATION ABOUT VLEX
Head Offices:
VLEX NETWORKS, S.L.
Consell de Cent, 334-336
Phone: (+34) 93 272 26 85
Registered in the Mercantile Registry of Barcelona, Volume 32.987, Sheet 95, Page number B 219079, Entry 5.

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING THIS WEB SITE AND ITS CONTENT. Please be aware that by using this web site, either as a subscriber or as a visitor, you agree and accept to abide by the Terms of Use herein. Should you don’t agree with these Terms of Use, you must refrain from using this web site.

Please find our specific Terms and Conditions for CLIENTS, that are ACADEMIC INSTITUTIONS/UNIVERSITIES on http://vlex.com/help_center/terms_of_use_academics

ACKOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF USE

The Terms of Use herein regulate the legal relationship between VLEX NETWORKS, S.L. (hereinafter 'VLEX') and you, as user and/or customer of the VLEX products and services (hereinafter 'the Customer'), and more specifically the access to VLEX.COM web service and to any web services using the brand and/or name 'VLEX' (the 'Service'). The use of any product and service, including without limitation, materials, information, contents, software, images, illustrations, designs, icons and any other content already included or which may be included in the future on this web site (collectively called the “Content”) is subject to the Terms of Use herein, and your use of any of these products and service indicates your acceptance of these Terms. The General Conditions herein will also be applicable to those customers subscribing the service through any subsidiary or company owned by VLEX NETWORKS, S.L. or any of its distributors.

If you are registering on behalf of your Company, you are accepting to abide by the Terms of Use herein and certify that you are an authorized representative of your Company with the right to bind your company to these Terms.

You can access the updated version of these Terms of Use whenever you like on: http://www.vlex.com/help_center/terms_of_use.

CHANGES ON THE TERMS OF USE AND GENERAL CONDITIONS

VLEX may, at any time, change the Terms of use and General Conditions of the service. Any changes to these Terms will effective immediately upon the posting of the revised Terms on this site. Please return to this site and review these Terms from time to time to find out about any sub sequential versions. The use of the Service indicates your acceptance to the changed made.

ADDITIONAL TERMS

The use of the Service Customer and its Contents shall comply with the Terms of Use, the Privacy Policy and the Additional Terms that may be in place for specific materials (collectively called “Terms of Use” of VLEX or “Service Terms”). The use of the VLEX service, registration, as well as the purchase or subscription of any of VLEX products or services will be deemed as acceptance by the Customer of VLEX Terms of Use. The Purchase Order or Subscription shall not, in any way, be in contradiction with these Terms of Use, unless this possibility is expressly foreseen in the said Terms of Use. Should you don’t agree with these Terms of Use, you will not be authorized to access the Service or its Contents. The access to the contents of the following licensors is subject to the present "Terms and Conditions" of vLex and additionally to the specific "Terms and Conditions of Use" as stated below:

REGISTRATION

Access to the Service may be free of charge for some specific contents, it may require payment, or it may be limited to subscribers only.

Registration, purchase or subscription by the Customer indicates the Customer’s acceptance to provide reliable and complete information. It is the responsibility of the Customer to keep this information updated. Once registration is completed, you will receive the user ID and a password which are different for each Customer. You may, at any time, change the password by accessing your personal account on: http://vlex.com/account

AUTHORIZED PERSONS. LICENCES.

The use of the User ID and password is restricted to one single person. If the Customer buys one single license he/she is aware and accepts that he/she will be the only person authorized to use the access keys.

Should the subscription be made by an Organization, the service will only be used by as many users as licenses bought by the Organization. To such effect, LICENSE is defined as a single, individual and non-transferable access given to those individuals allowed to use the service within each Organization. The person appointed by the Customer as Account Administrator will be able to create and update the information of the authorized users to access the service the Customer has subscribed to up to the number of licenses bought. In this case, the use of the Service by the end Users indicates that the Terms of Use and General Conditions have been expressly accepted. In some cases, VLEX may provide unlimited access from the customer’s IP range, by requiring or not, the creation of personal account by the end Users using the Service.

The Customer is aware and accepts that the Service can only be used by those who have effectively bought it. Share or transfer access information to other individuals or Organizations is strictly forbidden. Share a subscription among several organizations it is also forbidden, even if the number of licenses subscribed is sufficient. Customer is allowed to use the user ID and password only within the Country the said information was given. It is the responsibility of the Customer to ensure that non-authorized third parties access the access data or, whenever appropriate, not to share its IP range with the said parties. It is forbidden the use of VPN systems, or any other such systems, to access VLEX outside the permitted IP range, unless otherwise expressly stated in the subscription form.

The breach of this prohibition by non-authorized access will be deemed individual document purchase done by the Customer whose user ID and password has been used and VLEX will be entitled to invoice and claim the payment of the individual purchase made.

It is the responsibility of the Customer to inform VLEX of any non-authorized use of its user ID. The Customer will also be liable for any damage and loss, as well as for any expenses that may result from the said damage or loss, including legal advice fees.

The Customer acknowledges that the use of certain Contents may be subject to special conditions which will be published or communicated to the Customer upon accessing the said Contents.

ACCESS TO WEB SITE, LICENCE AND LIMITED USE

VLEX grants the Customer a non-exclusive, individual and non-transferable, revocable and limited license to access and use the Contents bought in accordance with the Terms of Use herein.

The Customer acknowledges that the use of the Contents is under the Customer’s sole responsibility, the Content is for professional and personal use only and its use for commercial purposes is strictly forbidden. The use of license granted to the customer includes the right to electronically see the contents included in the Service bought, as well as the right to electronically download and/or print non substantial parts of the said Contents for professional use only by the Customer. Complete downloading of books, magazines or any other content, whatever the final use of these contents may be, it is expressly forbidden. Notwithstanding the right to claim damages and indemnification, downloads breaching this prohibition will be deemed document individual purchases subject to VLEX prices.

The Customer can mention the documents included in the Service as well as to reproduce non-relevant parts of it. Except for the aforementioned case, the Customer cannot copy, duplicate, reproduce, sell, download, re-sell, re-publish, or transmit any part of this web site or its Content, whether be for commercial or non-commercial use. The Customer cannot sublicense, decompile, rent, sell, reverse engineer, or create works derived from this web site or its Content. The Customer cannot use framing techniques to hide the brand, logo or other parts of the web site without prior written consent from VLEX.

The Customer cannot use automated software or manual process, such as robots o spiders to copy or monitor the VLEX service and/or its Content without prior written consent from VLEX. The Customer cannot manipulate or use VLEX Content to create publications and/or services of any kind and, specifically, those that could be compared to or compete with, in any way, with the publications and/or Content VLEX offers now or may offer in the future. Expressly forbidden is the inclusion of VLEX contents into any data base, of any type, regardless of its format, whether they be of private or public access, by subscription or for free.

USER CONTENT

When adding or providing any content, information or material to this web site (such as labels, logos, comments, key words, documents and others) the Customer grants VLEX (or the authorized person states that the Organization has expressly granted) a perpetual, worldwide, free of charge, irrevocable and non-exclusive right and license to use, reproduce, change, adapt, post, make public, translate, create works derived from or distribute the said materials or include them in any form, means and technology currently known or which may be invented in the future. By the statement included in the Service that a content will be “private” it shall be understood that VLEX will make every effort possible to make this content only available to the said Customer in general, although due to the nature of the Internet itself, VLEX cannot ensure that third users may, from time to time, access the said content, either due to a technical error or any other cause. The Customer declares to have knowledge of this circumstance and shall hold VLEX, its subsidiaries and owned companies harmless of any claim about it.

The Customer declares that the personal content provided does not violate the third party Intellectual Property right. Should there be any claim, the Customer shall be solely liable and shall hold VLEX, its subsidiaries and owned companies harmless for any alleged violation of the Intellectual Property right with regards to any content or information provided by the Customer to the web site.

CONTENTS INCLUDED. COPYRIGHT.

VLEX shall give the Customer access to the contents available upon subscription for the period agreed. Nonetheless, VLEX shall have the right to change, at any time, the content or features of its products and services to adapt them to its sales or product strategy, without being a cause for an early termination of the service.

All Contents included in the VLEX Products and Services are subject to the Industrial and Intellectual Property rights of VLEX and/or third parties. Access to the Service or to the said contents by the Customer does not implies any kind of waiver, transfer and assignment, entirely or partially, of the said rights and it does not confers any right to use, license alter, exploit, reproduce, distribute or make public the said contents, other than the rights expressly described in the general conditions herein, without prior authorization expressly given to such purpose by VLEX. The Customer is not deemed owner nor has any rights on VLEX Contents, and expressly acknowledges that the Service and Contents of VLEX on this web site are protected by Industrial and Intellectual Property rights.

The Customer undertakes to keep the reference to copyright, service marks and patent on all printed documents, included in the VLEX products and services.

The Service includes contents provided by third parties. VLEX does not make its own the opinion expressed by third content providers or by the authors. In general, VLEX accepts no responsibility for any error, omission, opinion, non-update or statement made on its web site on the content offered by third parties. VLEX respects the Intellectual Property Rights and complies with the current legislation. Licensors of newspaper articles, magazines, books, treatises, monographic and other material (hereinafter the “Publishing Company”) have assured VLEX that they have the right to authorize the publication, electronic distribution and trading of the material provided to VLEX. If you are an author and have any queries about the electronic distribution of your products, please address them to your Publishing Company directly. If you are discussing the right of your Publishing Company to authorize the electronic distribution of the said materials on VLEX, please send us a written notice of your concern, in accordance to what it is posted on http://vlex.com/help_center/notice_to_authors.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED “AS IS”. VLEX AND THIRD CONTENT PROVIDERS DO NOT OFFER ANY WARRANTY, EXPRESSED OR IMPLIED, WITH REGARDS TO THE OPERATION OF THE SERVICE AND ITS CONTENT, INCLUDING TRANSLATIONS. YOU EXPRESSLY STATE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE OF THIS WEB SITE AND ITS CONTENT. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, VLEX DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REGARDING THE ACCURACY, RELIABILITY, COMPLETNESS, ADEQUACY AND FITNESS FOR A PARICULAR PURPOSE OF THE INFORMATION PROVIDED. VLEX DOES NOT WARRANTS THAT THE SITE OR ITS CONTENTS ARE ERROR-FREE OR THAT THE SERVERS ON WHICH THIS SITE ANS SERVICE ARE AVAILABLE ARE FREE OF VIRUSES.

VLEX SHALL NOT BE HELD RESPONSIBLE FOR DAMAGES CAUSED BY THE USE OR INABILITY TO USE THE SERVICE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO ANY DIRECT OR INDERCT DAMAGE, CAUSAL OR OF ANY KIND, INCLUDING LEGAL ADVICE COSTS.

IN NO EVENT WILL VLEX, OR ITS SUBSIDIARIES OR OWNED COMPANIES, THIRD CONTENT PROVIDERS, AFFILIATES, MANAGERS, BOARD MEMBERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND THEIR SUCCESSORS BE HELD RESPONSIBLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION LEGAL ADVICE COSTS, CONSEQUENTIAL DAMAGES OR LOST PROFITS) BY MEANS OF THIS WEBSITE, CONTENT INCLUDED, REGARDLESS OF THE NEGLIGENCE INCURRED BY VLEX, ITS AFFILIATES, MANAGERS, BOARD MEMBERS, EMPLOYEES, SUBCONTRACTORS, ANGENTS OR SUCCESSORS.

VLEX IS EXEMPT FROM ANY TYPE OF LIABILITY IN THE CASE OF LACK OF AVAILABILITY OF THE SERVICE AT A GIVEN MOMENT, WHEN DUE TO TECHNICAL REASONS, SYSTEM MAINTENANCE TASKS, INTERFERENCES, INTERRUPTION OF THE INTERNET SERVICE PROVIDERS, OR OTHERWISE.

NO LEGAL ADVISE PROVIDED

Under no circumstances it shall be deemed that VLEX is offering business or legal advice, or that there exists a client-lawyer relationship, or that some of the information provided by the Customer is protected by the confidentiality of sources.

VLEX, and third content providers, do not offer any warranty, express or implied, with regards to the Service and its Contents, the quality or the appropriateness for specific ends, accuracy, update or completeness. VLEX may, from time to time, provide the translation of specific documents. The customer knows that such translation is for information purposes only and just to get a general sense of the translated document. The responsibility to ask for a professional translation from a third party falls under the Customer.

Should the Customer be a lawyer, the Customer accepts that in some countries and jurisdictions the Professional Code of Conduct may be of application with regards to its participation on the web site herein and the use of its Contents. In the jurisdictions where the “common law” is of application, the Customer expressly accepts that it will be its sole responsibility to ensure that a specific case continue being applicable. The Customer understands and accepts that all documents included in the Service are included for orientation purposes only and any decision taken based on the said documents it is taken at the risk of the Customer.

SUPERVISION AND NON-AUTHORIZED ACTIVITIES

VLEX reserves the right to oversee and keep the User entries to the Service and Content, the Customer’s search historical record, the Customer’s IP access to the site, as well as to perform an investigation on possible violations of these Terms of Use. VLEX will cancel the access to the Service whenever patterns of use are contrary to these Terms are detected, especially if there is an over downloading of documents, non-authorized user access or the information is used for commercial purposes.

The Customer undertakes to refrain from using the Service and its Contents for unlawful ends that are forbidden in these Terms, may, in nay way, break VLEX’s or third party’s rights, or may damage, disable, overload or spoil service or hinder the normal use thereof. Unless proven otherwise, it will be understood as unlawful use file over downloading or the use of web page downloading software. In such cases, VLEX will be entitled to cancel the service, invoice the downloads at a one time purchase price, and claim for damages.

TERMINATION. AUTOMATIC RENOVATION.

VLEX will be able to automatically terminate the contractual relationship without prior notice: (a) Whenever an invoice or payment due is not paid within the agreed period; (b) in the event there is a breach by the customer of any of the clauses included in the Terms of Use and General Conditions herein, as well as in the Special Conditions applicable to specific products, services or contents.

All subscriptions are automatically renovated for the same agreed period, and in accordance with the prices applicable at the time, upon expiration of the agreed period, unless you give formal notice of your non-renovation intention. Such notice shall be given at least 30 days prior to the automatic renovation date. For all other events, the contract shall be binding to you during the agreed or automatically renovated period, and you will not be allowed to cancel the service under any circumstances. The obligations of the Customer with regards to the Content will continue being in force after the termination of the contract.

VALIDITY

The declaration of nullity, invalidity or ineffectiveness of any of the conditions set out herein will not affect the validity or effectiveness of the other conditions, which will continue to be biding on the parties hereto. To the effects of the contractual relationship all references to days will be understood as done on calendar days. Should the due date of an obligation fall on a non-business day, the new due date will be business day next following.

APPICABLE LAW AND JURISDICTION

The Terms of use and General Conditions herein are governed, unless otherwise provided in the subscription form, by the laws of Spain, regardless of the nationality of the VLEX production and services distributors. The parties expressly accept to abide by the Courts of Barcelona (Spain) and renounce to any other legislation.

MISCELLANEOUS

Payment

For products and services by subscription, or in the modality payment by document, VLEX will invoice the Customer each of the services provided based on the prices listed on the purchase order or on its web page. Return expenses will be paid by the Customer.

VLEX can change, at any time, its products and services applicable prices. In the event of a delay or default of any amount VLEX will be entitled to: (1) Request the advanced payment of any amount due; and/or (2) Cancel the access to the Service until the settlement of the debt; and/or (3) Cancel the Service; (4) Authorize a debt collection agency to collect the corresponding payment and transfer the information required for that purpose.

Advertising

VLEX shall not by any means be liable for any information published on its web page by any advertiser or sponsor. Compliance with the law in force is the solely responsibility of the advertisers.

Indemnity

BY using this web site the Customer agrees to indemnify VLEX, its subsidiaries and owned companies, third party content providers, and affiliates, managers, consultants, employees, subcontractors, agents or successors of all of them, for any claim, damage or payment resulting from a failure to comply with the Terms of Use and General Conditions set out herein.

Signature of the Agreement

License holder, prior identification through user ID and password, will be able to operate under the general conditions herein. Both parties agree to legally compare the ID use with the holder’s signature.

Yielding

The Customer cannot yield or subcontract its duties. In the event that the Customer yields its duties to any third party, even if it is to a company from the same group, VLEX will be entitled to cancel the Service and the Customer will not have the right to place any claim.

Industrial and Intellectual Property Rights

All VLEX service marks, copyrights, graphics and logos available on this web site are property of VLEX NETWORKS, S.L. and protected by the international law and the legislation of the European Union, the United States of America and other countries, and cannot be copied, transmitted or reproduced by any means, fully or partially, without prior written consent from of VLEX.

Privacy and Protection of Personal Data

The Customer expressly accepts the Protection of Personal Data Policy made available by VLEX and which can be freely accessed on: http://www.vlex.com/help_center/privacy_policy. To get a copy of the VLEX Protection of Personal Data Policy, please contact us: +34 932 722 685. The client expressly authorizes vLex to use the fax number indicated in the order form to get in contact with him regarding any concern related to encashment and any action associated with debt collection.