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Version 1.1, December 2012.

These are the Newstral’s Terms & Condtions (“Terms & Conditions”) - Newstral being a part of Forkmerge S.L., Registro de Mercantil de Palma de Mallorca, and having its registered office in Palma (Spain), VAT number ESB57703761.

We recommend you to read these Terms & Conditions with due care so that you are aware of your rights and obligations when you make use of Newstral. By using the Newstral website accessible via Newstral.com, Newstral domains with other extensions (“Website”), and via other means, for instance via other (mobile) devices and the Newstral applications, - in any way whatsoever, you accept to being bound to these Terms & Conditions. This also means that you guarantee that someone who is using Newstral on your computer will also comply with these Terms & Conditions. Newstral is entitled to amend these Terms & Conditions at any time without notifying the users of this. The most current Terms & Conditions can be viewed on the Website. If you continue the use of Newstral after one or more amendments to the Terms & Conditions, this will imply that you accept this (these) amendment(s) irrevocably. It is therefore sensible to view these Terms & Conditions regularly.

1. Newstral service
   1. Newstral does not regulate the communication between users mutually or between users and the Newstral service as to its content. Therefore Newstral has no control over the quality, safety, lawfulness, integrity or accuracy of the various parts of the service. Newstral is not liable for the acts or omissions of its users including the files, data and/or materials they make available on the Newstral website. Therefore Newstral does not give warranties with regard to the content of files, data and/or materials provided by users. 
      
      
2. Account/profile
   1. In order to be able to use Newstral to the full extend, you apply for your own account in the manner described on the Website. Newstral may at its own discretion decide whether or not to provide you with an account.
   2. You guarantee to Newstral that the information provided by you to Newstral, is complete, truthful and accurate including your personal details such as your name and email address. You agree that we save your details and use them in connection with the management of your account. Please consult our Privacy Statement in that regard.
   3. If you are not yet sixteen (16) you may only create an account subject to the prior consent of your parents or guardian. By accepting these Terms & Conditions you guarantee that you are aged sixteen (16) or over or have the consent of your parents or guardian to create an
   4. You may not create accounts in the name of another person, unless that other person has granted his/her consent to do
   5. You yourself are responsible for keeping the password of your account confidential to others and you will not grant others access to Newstral by using your account. You are liable for everything that happens because of others using your account with or without your consent or knowledge in the period prior to the time that you inform us of any unauthorised
   6. You can terminate your account at any required time according to the procedure as described in the FAQ section. 
      
      
3. Use of the Website
   1. You guarantee to Newstral that you are entitled to make use of the Website and to act in accordance with these Terms & Conditions. You also guarantee to Newstral that you will at all times perform the obligations under these Terms & Conditions and that you will observe all laws and regulations governing the use of the Website.
   2. Without prejudice to the other clauses in these Terms & Conditions, the activities you carry out within the scope of Newstral may not:
      1. (i) be based on lies and/or be misleading;
      2. (ii) infringe the rights of Newstral or third parties, including copyrights, neighbouring rights, trademark rights or any other intellectual property rights or rights relating to the protection of privacy;
      3. (iii) infringe any law, regulation, bye-law or any other applicable regulations;
      4. (iv) contain viruses, Trojan horses, worms, bots or other programmes that may damage, render useless or make inaccessible, delete or appropriate any automated work or data or that are meant to evade the Website’s technical protective measures and/or the computer systems of Newstral;
      5. (v) be of a commercial nature, subject to the prior written consent of Newstral; or
      6. (vi) in any other way be unlawful towards Newstral and/or a third party. 
         
         
4. Intellectual property rights
   1. You acknowledge and agree that the Website contains files, other content and programs which are owned by Newstral, licensors and/or users of Newstral and which are protected by applicable intellectual property rights including, but not limited to, copyrights, neighbouring rights, trademark rights and patents.
   2. Under the conditions set out in these Terms & Conditions, Newstral grants to you a limited, personal, revocable, non-exclusive, not sub-licensable, non-transferable right to view and/or listen to files made available via the Website in the manner and in the format that these files are made available on the Website. Downloading, copying, altering, disclosing files, data, programs and/or materials, or using them, either directly or indirectly for commercial purposes or any purpose other than those mentioned above is explicitly not allowed, subject to the prior consent of Newstral or the relevant rights holder. This means, inter alia, that substantial parts of the Website may not be extracted or re-utilized and that non-substantial parts of the Website may not be extracted or re-utilized repeatedly and systematically within the sense of the Database Act without prior written consent of Newstral.
   3. Nothing in these Terms & Conditions or on the website is meant to transfer any intellectual property rights and/or to grant any intellectual property rights to you. The use you may make of the Website is limited to what has been described in these Terms & Conditions.
   4. You herewith declare that you will not perform any acts which infringe on the (intellectual property) rights of Newstral or third parties. You acknowledge and accept that any unauthorised use of files, data and materials vested with intellectual property rights, violates these Terms & Conditions. Without prejudice to the above, the acts as mentioned in clause 4.2 will also be regarded as an infringement on Newstral’ ownership rights in its computer systems.
   5. It is not permitted to remove, obliterate, hide or change notices or statements with regard to intellectual property rights. 
      
      
5. Uploading files/license
   1. Under the conditions provided in these Terms & Conditions, in principle you keep the copyrights and other intellectual property rights which you own with regard to the files which you make available via the Website to the Website’s visitors.
   2. You acknowledge and agree that by making files, data and/or materials available to Newstral (by which in these Terms & Conditions amongst others is meant: uploading them) you automatically grant to Newstral:
      1. (a) a free, unencumbered, worldwide, sub-licensable, non-exclusive license to
         1. (i) use, reproduce, disseminate and publicise the files, data and/or materials in connection with the Newstral service; and
         2. (ii) to use and reproduce (and to allow third parties to use and reproduce) the files, data and/or materials via any medium whatsoever for marketing and/or promotional purposes in connection with the Newstral service;
      2. (b) the right to remove, intentionally or unintentionally, and for whatever reason and also without any reason being given, from the Newstral servers and from the Website any files, data and/or materials made available by you, without Newstral becoming liable to you or a third party in any way whatsoever as a result of such removal.
   3. The license meant in clause 5.2 expires at the moment you or Newstral removes the respective files, data and/or materials from the Website.
   4. You acknowledge and agree that the files, data and/or materials you have made available to Newstral, will be used by other users of Newstral. Newstral does not accept any liability for the compliance by the users of Newstral with these Terms & Conditions. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to Newstral, are used in a manner which is contrary to or is not provided for in these Terms & Conditions. Newstral is not liable for any acts by a third party which are contrary to these Terms & Conditions or any legal provision or other unlawful act of a third party in relation to the files, data and/or materials made available by you.
   5. You are fully, independently and solely responsible for all use you make of the Website, including but not limited to making available files, data and/or materials and sending and sharing files, data and/or materials.
   6. You guarantee to Newstral that you are the fully entitled party with regard to the files, data and/or materials as meant in clause 5.2 and that you are fully entitled and authorised to grant the license as meant in these Terms & Conditions. You indemnify Newstral and all its affiliated companies and persons against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with these Terms & Conditions. All the costs incurred and damage suffered by Newstral in any way in connection with these claims will be reimbursed by you.
   7. By making files, data and/or materials available to Newstral, you guarantee that
      1. (a) you are authorised to do so in accordance with these Terms & Conditions and that you are entitled to grant to Newstral the rights as meant in these Terms & Conditions;
      2. (b) the files, data and/or materials made available by you do not contravene any law, or infringe any rights of third parties including contractual rights, intellectual property rights, privacy rights and neither are they otherwise unlawful to third parties or Newstral, and that no consent or license is necessary or required from you or any third party for using the files on the Website;
      3. (c) you are not restricted by any lack of competence, restriction or prohibition with regard to your right to act in accordance with these Terms & Conditions and/or to make files, data and or materials available;
      4. (d) Newstral will not be obliged to make any payment of any nature whatsoever to whomsoever, including persons and parties whose performance or concepts are included in the files, data and/or materials made available by you, or its producer(s), publisher(s) or maker(s) including collective right organisations;
      5. (e) you are exclusively responsible for all the licenses, reports and payment obligations to any third party including, but not limited to, collective right organisations, in connection with the use of the files, date and/or materials made available by you as meant in these Terms & Conditions.
6. Prohibited content
   1. This article enumerates a non-exhaustive list of content you may in any event not make available via Newstral (it being at the sole discretion of Newstral to decide whether certain content is or is not permitted):
      1. (i) Content which is discriminatory as to appearance, race, religion, gender, culture, origin or which can otherwise be called offensive;
      2. (ii) Content which incites to violence against and/or harassment of another person or other persons;
      3. (iii) Content which leads to or is the result of exploitation or abuse of others;
      4. (iv) Content which according to Newstral is contrary to public morality or good taste, is violent or includes a link to pornographic material or pornographic websites, or includes pornographic or erotic material;
      5. (v) Content which asks for personal data of minors and/or makes available personal data of other persons;
      6. (vi) Content which encourages or commits the performance of illegal activities;
      7. (vii) Content which infringes intellectual property rights, privacy rights or any other rights of Newstral or third parties;
      8. (viii) Content which involves chain letters, junk mail or spamming and/or which asks for passwords or other information leading back to persons for commercial or illegal purposes;
      9. (ix) Content which, without the prior written consent of Newstral, involves commercial activity such as advertising, lotteries, contests or pyramid games;
      10. (x) Content which includes a photograph or likeness of another person without that person?s consent;
      11. (xi) Content which infringes any law, regulation, bye-law, other applicable regulations or these Terms & Conditions. 
          
          
7. Notice of unlawful content
   1. 7.1 Newstral will examine notices of infringement on rights of third parties by users of Newstral and if possible take measures against it. If you are of the opinion that a Newstral user infringes your rights, please inform us of this by sending an email to info@newstral.com. This notice should
      1. (i) include the URL from which the material that in your opinion infringes your rights can be found on the Newstral website;
      2. (ii) include a statement that in your view your rights have been infringed upon and why;
      3. (iii) include contact details where Newstral can contact you, such as your name, address, telephone number and email address;
      4. (iv) include a statement supported by documentary evidence that the information in your notice is accurate and complete and ? where it concerns the infringement of intellectual property rights - that you are the owner of the respective intellectual property rights;
      5. (v) be signed by the owner of the intellectual property rights or the person who is demonstrably authorised to act on behalf of the owner;
      6. (vi) where it concerns the infringement of intellectual property rights - include a description of the work or works which in your view have been infringed upon with a specification of precisely what the infringement is.
   2. Newstral reserves the right to forward such notice to the person(s)/or company responsible for the content to which the notice refers.
   3. If it is evident from the notice that the content is manifestly unlawful, Newstral will remove it or make it inaccessible.
   4. Newstral reserves the right not to grant a request to remove or make inaccessible content if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted or if the content to which the notice refers does not appear to be manifestly unlawful. Within that scope Newstral may for instance require a judicial decision of a competent court in Spain, which decision demonstrates that the content concerned is manifestly unlawful.
   5. By issuing a notice you indemnify Newstral and all affiliated companies as well as its board, board members, employees, representatives and legal successors against any claim of third parties with regard to removing or making inaccessible information. Such indemnification also covers the damage that Newstral suffers and the costs it incurs or will yet suffer or incur or the costs which Newstral has to incur in relation to such claim, including but not limited to reimbursing the costs of legal assistance.
   6. Newstral will not in any way be a party to any dispute between the person having issued the notice and the user to which the notice refers. 
      
      
8. Subscription services
   1. A subscription on a paid service comes into effect at the moment Newstral receives the payment of the price mentioned on the Website for the package of your choice and is concluded for the period that is mentioned on the Website for the concerning package.
   2. After automatic extension of the subscription in accordance with article 9.1, you have the right to cancel your subscription at any time. In that case your subscription will end at the end of the running payment term.
      
      
9. Paid services and products
   1. All prices of paid services and products offered by Newstral are in euros and inclusive of 21% Spanish VAT (BTW).
   2. You pay the price stated on the Website for the products and/or services ordered via the Website. Payment is made in the manner indicated in the agreement or elsewhere on the Website. Unless explicitly agreed otherwise, payment must be made when you place the order or enter into an agreement.
   3. The prices stated on the Website may, without prior announcement, be changed. Only the price stated on the Website when the agreement is concluded will be binding. In case of periodic payment Newstral will inform you of any price changes in advance.
   4. Storno of an amount collected by Newstral does not release you from your payment obligation.
   5. In case Newstral does not receive an amount due (timely), Newstral is entitled to put off the paid service until Newstral receives the full amount due.
   6. You cannot hold Newstral to any offers and/or prices if you should in all reasonableness have known that the offer and/or the price are/is an obvious mistake or obvious error in writing. 
      
      
10. Discontinuation of services
    1. In addition to the other (legal) remedies at Newstral disposal, Newstral is at all times, without reasons being given and without prior explanation entitled, to restrict, suspend or discontinue your activities in connection with Newstral temporarily or permanently, to discontinue and/or remove your account temporarily or permanently, to remove files, data and/or materials, to send out a warning and refuse to provide services to you, particularly, but not limited to, in the event that:
       1. (i) you act contrary to these Terms & Conditions;
       2. (ii) we hold the view that your acts may inflict damage or create liability to yourself, to other users or to Newstral.
    2. Newstral will not have any liability whatsoever in this respect.
    3. If your use of a paid service of Newstral is terminated, for any reason whatsoever, you are not entitled to a refund of any advance payments. In such cases the payments already made accrue to Newstral.
    4. Newstral does not guarantee that the Newstral service will be available at all times and without interruption or breakdowns. 
       
       
11. Privacy
    1. By using the Website you are bound by our Privacy Statement. 
       
       
12. Content of third parties
    1. It is possible that the Website contains applications, content and services of third parties and/or links to websites of third parties (“Content of Third Parties”). The inclusion or present of Content of Third Parties on the Website does not imply that Newstral has approved and/or checked such Content. Newstral is not responsible for the content and manner of operation of Content of Third Parties or for any use thereof by the users of the Website.
    2. The API terms and conditions of Newstral apply to applications of third parties on the Website.
    3. The applicable terms and conditions of third parties apply to the products and services offered by those third parties. 
       
       
13. Liability
    1. Newstral does not accept any liability for damage resulting from an attributable failure in the performance of the agreement to provide services, including but not limited to damage resulting from or in connection with the use of the Website or the impossibility of using it and/or any associated services of Newstral or an unlawful act or otherwise, insofar as permitted under mandatory law.
    2. Insofar any liability rests with Newstral based on such provisions, the liability will at all times be limited per event (whereby a series of related events will be regarded as one single event) to the payments actually made by you to Newstral in the current calendar year (exclusive of BTW) for the products and/or services from which the liability of Newstral ensued.
    3. Newstral will never be liable for any consequential damage including clear financial loss, loss of turnover and profit, loss of data and immaterial damage, resulting from or in connection with the services rendered by Newstral and/or your use of the Website.
    4. A prerequisite for the right to damages is that you will at all times report the damage to Newstral as soon as possible after suffering it. Any claim to damages against Newstral lapses 12 months after the claim arises.
    5. This restriction of liability does however not mean that Newstral excludes any liability for intent and/or gross negligence on the part of Newstral (“own actions”) itself and/or the Newstral board. 
       
       
14. Miscellaneous provisions
    1. These Terms & Conditions include all the arrangements made by the parties in this connection. They replace all arrangements and agreements made previously which the parties have made or formed in this connection. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing.
    2. Without prejudice to any existing statutory obligations on the part of Newstral to retain the agreement between you and Newstral in connection with the use of the Website, Newstral does not have to keep any archived agreement accessible for you.
    3. If one or more provisions of these Terms & Conditions are null and void or are annulled, the remaining provisions will remain in full force and effect.
    4. These Terms & ConditionsTerms & Conditions are governed by Spanish law. Any and all disputes resulting from this agreement will exclusively be submitted to the competent courts in Palma (Spain).