AGENCIA EFE, S.A.U., S.M.E. (“AGENCIA EFE”), the holder of Tax File Number A28028744, is the owner of the EFEServicios platform available through the URL address www.efeservicios.com (the “Web Site” or the “Platform”) and, barring an error or omission, is the owner or licensee of the rights pertaining to the contents located within the Platform (including the rights of commercial exploitation and of industrial and intellectual property rights thereon) (the “Contents”), having most of the Contents been designed under the initiative and coordination of Agencia EFE.
The use of any right over the Contents and/or Platform is reserved for AGENCIA EFE.
For the purposes of the terms and conditions of this licence, the terms “You” or “User” refer to you as purchaser of an user licence over the specific Content for which a consideration has been paid to be used for corporate or professional purposes.
The purpose of the contents located within the Platform is their use exclusively by the licensee, subject to the terms and conditions that may be applicable to each Content.
The Contents may incorporate technical protection measures designed to prevent their improper use, such as the usage of protection measures through the management of digital rights or regional encoding.
The Contents are available in the following formats and are accordingly inter-operational using digital contents management tools compatible with those formats.
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As a consequence of the payment of a consideration for a specific Content You acquire a user licence pertaining to the Content paid for (the “Licence”), which licence does not confer the assignment of any kind of right over the commercial exploitation of the brands or Contents. Consequently, the User may not play, distribute, communicate publicly, transform, licence or sub-licence the licensed Content, wholly or partly, except in so far as it may be indispensably required to benefit from the expressly authorised uses pursuant to the terms of the licence.
The acceptance of the Licence shall only allow the User to carry out the uses of the commercial exploitation rights over the Contents that are covered by the Licence, over the period of time agreed with AGENCIA EFE and for the territory, format and commercial exploitation for which the Content User Licence has been acquired (the “Additional Conditions”).
The Additional Conditions of the Licence are set out in the information available for each Content so that the User recognises that upon acquiring a Content User Licence the User has read and accepts these Licence terms and conditions, as well as the Additional Conditions that complement this Licence.
Additionally, the User recognises that the Contents may only be used for the purpose described in the Additional Conditions (about which information is given at the time prior to the acquisition of the Contents User Licence. The Contents of the Platform may be used on the basis of the grant of a Restricted Use Limited Licence: this licence is granted with limited scope in so far as AGENCIA EFE might not be the owner of all of the Content rights. Consequently, the User expressly recognises that the Content for which this licence is granted may only be used for one of the following purposes:
The User expressly recognises that the Content that is the subject of this Restricted Use Limited Licence cannot be used for advertising purposes (defining as advertising any kind of communication for the purpose of directly or indirectly promoting the sale of personal or real property, services, rights and/or obligations, or for commercial purposes (defining commercial purposes as any use of the Content for a lucrative purpose or from which a lucrative purpose may otherwise be derived).
The User recognises that AGENCIA EFE is entitled to terminate this Licence whenever a breach or defective or irregular compliance with any of the obligations set out in this Contract takes place, including the use of the Contents for a purpose or with a scope different of that set out in the Licence and/or in the Additional Conditions of the Licence (a “breach”) and more specifically:
The ending or termination of the Licence, whether ordinary or early, shall imply, without prejudice in respect of any damages that may arise as a consequence of the reasons leading to said termination, an obligation for the user to cease, immediately and at its own cost, using the Content that constitutes the purpose of the Licence and to delete each and every copy of the Content that the User may keep in any terminal, hardware system or support unit.
The ordinary or early termination of the Licence shall under no circumstances imply the refund of any amounts that AGENCIA EFE might have received from the User, without prejudice in respect of, should said termination have resulted from a breach, AGENCIA EFE becoming entitled to claim any damages that may arise from the breach and termination of the Licence, pursuant to its applicable provisions.
The termination of the Licence compels the User to pay to AGENCIA EFE all of the amounts due on that date. To that end any invoices that for said purposes may already have been issued must be immediately paid by the User, even if still not overdue, as well as any other that AGENCIA EFE might issue as a consequence of the termination in order to invoice the total amount corresponding to the financial obligations derived from the corresponding Licence.
The termination of a Licence granted to a User for the use of a Content does not necessarily imply the termination of any other Licences that AGENCIA EFE might have granted in respect of other Contents, given that each Licence and the Additional Conditions of the Licence constitute an independent document setting the conditions applicable to each specific Content.
It may be necessary to pay a consideration to AGENCIA EFE for the acquisition of the Contents User Licence pursuant to the terms and conditions of the Licence and the Additional Conditions, in which case the payment obligation and the accepted means of payment shall be set out together with the Additional Conditions.
At the end of the purchase process (for any Contents that imply a payment obligation) or upon accepting the Licence terms and the Additional Conditions (for any Contents subject to distribution free of charge) the User shall be able to download the Contents by clicking the “My Account” >> “Downloads” tabs.
At the “My Account” tab the User shall also be able to check all of the orders placed using that User name. Important information about your order can be found under “Status”, as you may only download your order whenever your status is:
The User expressly acknowledges, upon accepting the Licence terms and conditions, that the User may not withdraw from the acquisition of the Content that is the purpose of the Licence after its payment (when dealing with a Content that requires a payment obligation) or after it has been downloaded (when dealing with a Content subject to distribution free of charge).
This document regulates the “Additional Conditions” of the user Licence of specific contents acquired at www.efeservicios.com.
The User acknowledges not being entitled to withdraw in respect of the content covered by the Licence once it has been paid for or downloaded.
The Additional Conditions constitute an integral part of the Licence for the Platform contents and therefore any breach of the following provisions in the part of the User entitles AGENCIA EFE to terminate the granted Licence early.
The Licence is granted on a non-exclusive basis to the User subject to the remaining terms and conditions set out after quoting the price applicable to each content, said price being set after the User selects the Use, the Audience (medium or place) and Size.
Commercial exploitation rights: these are the rights granted to the User through the Licence. The scope of the Licence shall only include the commercial exploitation rights expressly listed after the price of each content is quoted.
The use of the Licence is limited to the territory of Spain.
The contents may not be reused after the day in which they are downloaded or replayed, as the case may be, and may not be stored in files, whether digital or not. The Licence shall be granted for informational or general interest purposes, its use for any other purposes being restricted.