The following terms and conditions apply for the purchase and use of a subscription-based proxy services for selectively anonymous browsing,(the “Services”). When receiving the DNS server address you can change the original DNS address on your computer, router or other devices for accessing the internet, including gaming consoles, media streaming players, televisions etc. The Services are provided via the website liberador.net (the “Website”).
The Services are provided by the micro-company ANGST David registered in France with SIRET 838190122 00013 having its address at 12 Rue Abel Hovelacque, 75013, Paris, France (“we”, “us” or “our”).
We reserve the right to add, delete and/or to modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting any revised, updated, and/or new Agreement on the Website. As a condition of your use and/or continued use of the Services, you acknowledge and accept that it is your sole responsibility to keep current as to any changes to the Agreement that may be posted from time to time on the Website. Accordingly, your continued use of the Services, following the posting of any revisions to the Agreement on the Website (including this version of the Agreement), and/or following the delivery by email to you of notification of such changes, will constitute binding acceptance of the Agreement and its changes, subject to the termination terms below. Any changes to the Agreement are effective immediately upon being posted to the Website. This version of the Agreement is effective immediately upon its posting to the Website.
2. Registration requirements to use the Services
You may only use the Services if you are aged 18 years or older. In addition, you may only use the Services if you are registered as a user through the Website. You are only permitted to have one user account with us at any one time.
In order to successfully register as a user through the Website, you must fully and correctly enter all the information requested at the time of registration, which may include your name, a valid email address. If the information requested during the registration process subsequently changes, you must promptly update the relevant information through the Website.
Please note that your user account is not transferable.
3. Your responsibilities and obligations
When using the Services it is your responsibility to comply with all applicable laws and regulations and in a responsible manner. We cannot be held responsible for you not complying with all applicable laws and regulations.
Disclose the user name and password of your user account to anyone else;
Fail to promptly notify us through the email address, [firstname.lastname@example.org], if you become aware that someone else has knowledge of the user name and password of your user account;
Attempt to send or in any other way transmit illegal content or content that can be understood as unsolicited advertisements and/or “spam”;
Violate any intellectual property rights, including, but not limited to, uploading, downloading, posting, reproducing or distribution of any content protected by copyright, or other proprietary right, without first having obtained permission of the copyright owner;
Attempt to use the Services to commit fraud and/or otherwise avoid paying compensation for use of paid services;
Attempt to restrict or hinder any other account holder from using the Services;
Attempt to access, probe, connect to or harm websites or computing devices without a proper authorization, including DoS attacks and DDos attacks;
Post or transmit any unlawful communications and/or material through the Services, including, but not limited to, any communications and material that could be deemed as pornographic, right-wing/extremist, offensive, defamatory, threatening, constitutes harassment of any kind and/or is otherwise unlawful; that encourages conduct that may constitute a criminal offense; and/or that might give rise to civil liability or otherwise violate any applicable local, state, federal or international law;
Engage in any conduct that restricts or inhibits any other account holder from using or enjoying the Services.
Use the Service for anything other than lawful purposes.
Use the Services in a way that might damage our name or reputation;
Reverse engineer the Service;
You further agree that you will not use your user account, or enable your user account to be used by a third party, to engage in any of the above mentioned activities.
Furthermore, in the event that we identify any suspiciously high activity on your account we may close your account without any further notice. You are allowed to create just one free trial. Abuse of the trial offering will result in a ban.
Any violation of your responsibilities and obligations will result in termination of your user account, without any refund of amounts previously paid for the Services. Furthermore, you will be held responsible for any and all damages incurred by your violation including, but not limited to, associated attorney fees and costs.
We may without your permission or approval and with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Services.
All prices are prices in Euros (€) and are tax exclusive. Applicable taxes are added for clients located in Europe in accordance to European Tax Rates on the day of subscription. Tax charged may be updated for every change of the official European tax rate.
6. Delivery, billing and signing up to payment service
Once you have registered for a user account, you can log on to your user account through the Website with your username and password and commence use of the Services. Subscriptions are available upon purchase and payment is captured instantly.
You will receive an electronic invoice (electronic billing) for every billing cycle corresponding to your subscribed plan.
When paying with a credit card or PayPal, you are automatically enlisted to our direct debit service. This means that your subscription will automatically be renewed and the subscription fee will be charged to your credit card or PayPal account until you cancel the subscription.
7. Intellectual Property
Unless otherwise expressly indicated, we are the sole and exclusive owner of all intellectual property rights in the Website and the Services including, but not limited to all code, text, sound, video, graphics, photographs and other images that form a part of the Website.
We shall be the sole and exclusive owner of all intellectual rights which may subsist in all future updates, additions and alterations to the Website.
8. Exclusion of Warranties
We make or give no guarantee or warranty as to any specific results from use of the Services or the reliability, integrity, quality, fitness for purpose or originality of any content of the Services and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We cannot and do not guarantee that the Services, the Website or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Services, the Website and its content.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Services. There may be times when the Services become unavailable or provided with reduced functionality (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Services, or any features, parts or content of the Website.
9. Right of withdrawal
In accordance with the provisions of Article L. 121-21-8 of the Consumer Code, you acknowledge and expressly agree (i) that the supply of the Services starts immediately after the validation of your subscription to the Services, before the end of the fourteen days free period provided for by the Consumer Code and (ii) acknowledge and agree accordingly not to benefit from the right of withdrawal related to the sale online or remote. Accordingly, no request for withdrawal, cancellation or refund will be admissible for the period subscribed.
10. Term and termination
We can, at our sole discretion and without further reason, discontinue any subscription given 30-days’ written notice to the email address affiliated with the subscription in question. In such an event any advance payment for the period following expiry of the subscription will be refunded.
11. Breach of contract
In case you commit a materially breach of these terms, we may terminate your subscription without notice. A breach of any of your obligations under section 3 above is deemed a material breach.
12. Limitation of liability
We are not responsible for any data, content, services or products (including software) that you access, download, receive or buy while using the Services. We are not responsible for any services available from third party through the Website or the Services.
We are not liable for any failure or delay in performing the Services due to any cause beyond our reasonably control, including but not limited to force majeure, acts of nature, power and internet discontinuity, war, terrorism, earthquakes, volcanic eruptions, lightning, storms, hurricanes, cloudbursts, fire, explosions, failure of public services, strike, lockout or other form of industrial action.
To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of your or anyone else use of the Services. Especially, we are in no event liable for any indirect or consequential loss, special, incidental or punitive damages, loss of data, loss of production, loss of profit or any similar loss, injury, claim, liability or other cause of any kind or character based upon or resulting from any content. Our liability is excluded regardless of the form of action, whether in contract, tort, strict product liability or otherwise, and even if we were aware of the possibility of the damages or liability in question and even if such damage or liability was foreseeable.
Regardless of the basis on which you are entitled to claim damages, our aggregate liability is limited to the equivalence of subscription fee paid by you during the latest preceding six (6) calendar months prior to the event(s) having given rise to the liability claim.
If you are deemed a consumer in accordance with applicable law, we shall only be liable under these terms in accordance with the general principle of French law. We expressly remind you of your responsibility when using our Services, see section 3 above.
15. Governing Law and Venue
You are responsible for complying with other applicable law in other jurisdictions when you use the Services outside of France.
In case of a dispute between you and us, you submit to the exclusive jurisdiction of the courts of France.