1. Legal Information and Acceptance
The terms and conditions contained here govern the use of the website www.softonic.com (the “Website“) that SOFTONIC INTERNATIONAL SA (“Softonic“) makes available to users accessing the Website in order to provide information about its services as well as the possibility of using them.
Softonic International S.A. is a company that owns several domains that include, among others, the local country domains of Spain, France, Germany, Italy, Brazil, China, Japan, the Netherlands, Turkey, Korea and Poland.
Carrer Rosselló i Porcel, 21, 12th floor, 08016, Barcelona, Spain
Tel + 34 936 01 27 00
Fax . + 34 93 396 92 92
Softonic International S. A.: NIF: A-62134341. Registered in the Commercial Registry of Barcelona, T.43674, F.213, H. B210880, Registration 25.
Some services accessible by users from the Website may be subject to special term or conditions, or instructions that may replace, complement and/or modify these terms and conditions, and must be accepted by the user before the provision of that particular service.
Access to and/or use of such services and content implies the complete and unconditional acceptance of the particular conditions as published by SOFTONIC at the time of such access and/or use.
Use of the Website and its content is entirely voluntary and under the responsibility of the user.
Access to the Website is free except for the cost of connection through the telecommunications network provided by the service provider contracted by the user, if any. Some services are exclusive to certain users and their access is restricted.
Users may solely access the content through the means or procedures that have been made available for this purpose on the Website or used on the Internet for this purpose, provided they do not involve the violation of intellectual or industrial property or involve any damage to the Website and/or its information or services offered.
Users are obliged to use the content and services in a diligent, proper and lawful manner and, in particular, agree to refrain from behaviour including but not limited to the following: (a) use of the content and services in a manner that results in activity which is illegal, immoral or against generally accepted best practices or public order; (b) transmitting or disseminating information, data, content, messages, graphics, drawings, sound and/or images, photographs, recordings, software and, in general, any material that is obscene, offensive, vulgar or that may induce activity which is criminal, slanderous, defamatory, violent or, in general, contrary to law, moral rights or generally accepted best practices or public order; (c) reproduce, copy or distribute the content, or allow public access to them through any form of public communication, or transform or modify it, unless with the permission of the copyright owner or corresponding rights holder; (d) infringe intellectual or industrial property belonging to third parties or SOFTONIC; (e) use the services and content in a way that could undermine or overload the operation of the Website; (f) conduct fraudulent transactions or ones that could facilitate illegal or fraudulent behaviour of any kind; and, (g) use the content and services and, in particular, information of any kind obtained through the Website for any advertising purposes and, in particular, for the sending of advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages or addressed to a number of people, or to sell or otherwise disclose such information without the authorisation of the addressee and SOFTONIC.
3. Disclaimer of Warranties and Liability
SOFTONIC reserves the right to terminate your access to the Website as well as the provision of any or all content provided through it at any time and without notice, for technical, security, maintenance or power failure reasons or any other reasonable cause.
Accordingly, SOFTONIC does not guarantee the reliability, availability or continuity of the Website or the content, so that the use of them by users is done at their own risk, and SOFTONIC cannot be held accountable for the discontinuance or unavailability of such services.
SOFTONIC will not be held liable for any interruptions to such services, delays, errors, malfunctions and, in general, any other problems that originate from causes beyond the reasonable control of SOFTONIC, and/or due to willful misconduct or fault of users and/or due to Force Majeure. Force Majeure is understood to include all those events beyond the reasonable control of SOFTONIC, such as failures of third parties, operators or service companies, acts of government, lack of access to third-party networks, acts or omissions by public authorities, those produced as a result of natural disasters, power outages, and the attack by hackers or other third parties to the security or integrity of the system. In any case, whatever their cause, SOFTONIC shall have no liability whatsoever for any direct or indirect damages, consequential damages and/or loss of profits.
SOFTONIC excludes all liability for damages of any kind that may result from the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, stored, made available or received, obtained or accessed through the Website, nor for the content provided or offered by third parties or entities.
SOFTONIC shall use its reasonable commercial efforts to update and correct the information hosted on the Website that does not meet minimum standards of accuracy.
SOFTONIC is not responsible for the content of the information collected in the Website, nor for those opinions, comments, insights or other communications that are not issued directly by SOFTONIC.
SOFTONIC excludes all liability for damages of any kind that may result from the presence of viruses or the presence of other harmful elements in the content that may cause alterations in the computer systems as well as in documents or other systems stored therein.
SOFTONIC excludes liability for the content that users send SOFTONIC via the Website, via email or any other means, therefore, the users being liable for content sent by them. Similarly, SOFTONIC is not liable for the use that users make of the content of the Website or their passwords, and any other material contained on the Website that potentially constitutes a violation of any regulations, national or international, of the rights of intellectual property or other rights of third parties. Similarly, SOFTONIC will not be held liable for any possible security errors that may occur through the use of outdated versions of browsers, or for any consequences that may arise from malfunctions of browsers, either by improper configuration, computer virus or any other cause not directly related to SOFTONIC.
4. Registration and Password
SOFTONIC reserves the right to seek the registration of users for access to certain services on the Website, so users may be given a password that allows the personal identification of users.
Assigned passwords are personal and not transferable; no assignment of passwords, even temporarily, to third parties is permitted. As such, users agree to use their passwords diligently and keep such password secret. In the event that a user knows or suspects the loss, theft or use of his/her password by others, then that user should bring this to the attention of SOFTONIC as quickly as possible.
Each user is responsible for costs and damages caused by the use of services by any third party using his/her password due to careless use or loss of it by a user.
5. Links to Third Party Sites (Outbound Links)
The Website may include technical linking devices, directories and even search tools that allow users to access other sites (“Linked Sites“).
In the event that users consider that Linked Site contains illegal or inappropriate content then they should contact SOFTONIC via email (firstname.lastname@example.org), indicating: (a) the name of the sender, telephone number and email address for responses; (b) a description of the facts that reveal the illegal or inappropriate nature of the Linked Site; and, (c) a confirmation that the information contained in the communication is an accurate statement. However, in no event will such a communication imply an automatic removal of such Linked Site, nor does it imply any actual knowledge by SOFTONIC of the activities and/or contents specified by the sender.
In no event does the existence of Linked Sites deem the existence of agreements with those who are responsible for or owners of such Linked Sites, nor the recommendation, promotion or identification of SOFTONIC with the content or services offered by them.
SOFTONIC shall not be held liable for any damages caused by the unlawfulness, quality, unavailability, error or use of the content and/or services of the Linked Sites nor for any other damage that is not directly attributable to SOFTONIC except for that which may be set out herein. If users choose to visit and/or use any of the Linked Sites then they do so at their own risk and must take appropriate protective measures against viruses or other harmful elements.
6. Links to the Website (Inbound Links)
No third party is authorised to insert links from a third party website to the Website unless with the express consent of SOFTONIC.
In the event that a third party is authorised to use the link www.softonic.com (or a specific country variant of such domain), this use will be in compliance with the intended use and limitations provided for in the consent itself. In this case, SOFTONIC may seek, at any time and without providing the reasons for the request, the removal of any link to the Website, after which the party responsible for such site should immediately proceed to the elimination of such inbound link.
7. Privacy and Protection of Personal Data