Copyright
The Company’s Intellectual Property
The Company expressly reserves all intellectual and industrial property rights, and the Web Site and the contents therein are protected by all relevant laws governing intellectual property. The Company retains all rights available under Spanish law (and any other applicable law) with regard to the source code, graphic design(s), images, photographs, sounds, animated material, software, texts, domain names, trademarks, brands, logos, products and services and any and all other information and content of whatever form or nature contained within and throughout the Web Site, except to the extent specifically stated otherwise in these Terms of Use. For the avoidance of any doubt, the Company does not transfer the ownership of its software to its users. Although you might own the computer system in which you save the software, the Company retains all of its industrial and intellectual property rights, including those pertaining to its software.
Nothing on the Web Site can be exploited, reproduced, distributed, modified, republished, assigned or transformed without the Company’s express, written approval, unless the Company has otherwise recognized your intellectual property rights with regard to the content or otherwise expressed its intention in writing to deviate from this general rule. Access to this Web Site does not grant you any right or title to any of the Intellectual Property contained on the Web Site or to any of its contents, except to the extent stated otherwise in these Terms of Use.
The Company will monitor the Web Site and protect all of its intellectual and industrial property rights diligently and with all appropriate resources available to it under Spanish law, reserving the right to pursue any and all available legal options.
The Company may modify, in its absolute discretion, the contents of the Web Site, including its configuration and presentation, without any prior notice to you and other users of the Web Site.
The User’s Intellectual Property Rights and Related Obligations
The User is the owner of the materials (including but not limited to pictures, ideas, comments, questions and data) that he or she has submitted to or posted on the Web Site or has been granted the respective rights from the respective owners to use them for any reasons including, but not limited to, posting them on the Web Site, and that the respective owners are fully aware and have agreed to the Terms of Use for their respective materials.
You are fully responsible for the materials that you have submitted to the Web Site and accept all legal responsibilities for any consequences thereof. For example, you will bear all liability for any content that you publish, including with regard to any information that you might use and/or store, any links or hyperlinks, etc., and you will be liable for any violation of third-party intellectual property rights, personal rights and/or the rights of minors. The Company makes no representation or warranty, either expressed or implied, of any kind concerning the materials posted on the Web Site. Any materials that you or any other user post on the Web Site or passes through the Web Site for whatever reasons (including using the Web Site as means of transmission) will be treated as non-confidential.
You accept and agree that, as a condition of membership, you have agreed to let the Company and its affiliates freely use (including, but not limited to copying, displaying, distributing, transmitting and modifying) the materials (including but not limited to pictures, ideas, comments, questions and data) posted on the Web Site, without any compensation, for any purposes including but not limited to, marketing, advertising or developing products by using such information.
You agree not to post any materials that are libellous, defamatory, profane or that may encourage behaviours that would violate or be considered against the law. The Company reserves the right to delete any materials deemed inappropriate or for whatsoever reasons without any notice. The Company is not responsible or liable for any loss of data as a result of this action.
If you believe that the copyright of your pictures or other materials has been infringed, you should provide the Company the following through email:
A. Your physical or electronic signature or that of the person authorized to act on your behalf;
B. Description and location (on the Web Site) of the copyrighted material that you believe has been infringed;
C. Your address, email address, telephone number and other relevant contact information;
D. A statement, made under penalty of perjury, that the information provided to Company is accurate and that you are the copyright owner or authorized to act on his or her behalf.
E. A statement that you have a good faith belief that the disputed use is illegal and not authorized by you and/or the copyright owner and/or its agent, as the case might be;
The Company will review and investigate the complaint and will reply in the shortest period of time possible. The Company does not guarantee any specific and fixed time frame as to when it can reply the complaints it receives. If you believe that it has an excessive period of time has elapsed, you should resend the above information. In the unfortunate and unlikely event that the complaint has been lost, the Company might ask you to resend the information provided for the copyright infringement complaint. After reviewing the complaint, it is possible that you may be asked for a physical copy of the above information in addition to an official physical letter signed by you or the person authorized to act on your behalf. A copy of relevant electronic documents might be sent to the person whom the user or the Company believes to be infringing the copyright of the respective materials.
The Company is Not Responsible for Content or User’s Use of the Web Site?
The Company will not be responsible for any harms or damages of any nature whatsoever, whether direct or indirect, that might result from any false, misleading, outdated, incomplete or erroneous information of any form provided by a user of this Web Site. The Company does not assume any duty, obligation or responsibility of any nature, including with regard to monitoring or verifying the information provided on its Web Site by its users.
You are fully responsible for your use of the Web Site. The Company, its affiliates and/or any other party involved in creating or delivering the Web Site, make no representations or warranties of any kind concerning the Web Site, either expressed or implied. The Company does not claim any responsibility or liability for any direct, indirect, consequential, incidental or punitive damages of any kind arising out of your use of, access to, ability or inability to use the Web Site.
The Company is under no obligation to review or monitor any materials or postings on the Web Site and shall not be responsible or liable to any actions or damages that arise from the contents of the Web Site, nor for any error, inaccuracy and defamation contained in such materials.
The Company will not be responsible for any content of any sites that are linked to, or from the Web Site. The Company disclaims all warranties, either expressed or implied, as to the legality and validity of the contents of such sites. The Company is not responsible or liable for any harms or damages of any nature whatsoever, whether direct or indirect, that arise as a result of such actions.
The Company May Require that Users have a Password to Access Certain Services and Products
The Company may condition the use of certain of the Web Site’s services and products to your prior registration to the Web Site, with the corresponding selection of a user ID (or login) and a password chosen, and you agree to duly abide by all such requirements.
The Company will assign you an ID that you have selected, provided that such ID is not in use by any other user. The use of your ID and password is personal, non-assignable and non-transferable, whether on a temporary or permanent basis. You should take all required steps to prevent the knowledge, access or use of your password by third parties, and you will completely indemnify the Company for any harms or damages that might result to the contrary. If you know or suspect that your password has been accessed or used by third parties, you should make us aware of such circumstance as soon as possible, and immediately change your password. In any case, you will be solely responsible for any consequences derived from any communication of your ID and password to third parties or derived from not communicating your knowledge or suspicion that your ID and/or password have been accessed or used by third parties. For these reasons we recommend that you change your password on a regular basis.
User registration will be governed by the rules applicable to the particular service, or to the Particular Conditions, as the case might be.
Any and all information that you provide in any registration process must be true and accurate. You guarantee the truthfulness, correctness and accuracy of all information that you might provide in order to complete any user registration form. It will likewise be your responsibility to update any information that you have provided to the Company. You will be solely responsible for all false and misleading information, as well as for any harms or damages that might result from your provision of false or misleading information.
User to Maintain E-mail Account Provided to Company
You agree to use and maintain operative, active and update any e-mail provided by the Company, as it is the Company’s preferred mode of communication with its clients.
User Not to Interfere With Company’s Technical Operations
You are prohibited from entering into, modifying, visualizing the configuration, structure of or data included within the Company’s servers. You will bear full legal liability for any damage or harm that might result in the Company’s servers or security systems directly caused by your negligent intervention.
You will respect all technical standards stated by the Company with regard to the administration and development of the Web Site or any services or products contracted therein. In particular, you will refrain from taking any action that might slow down the Company’s server and thus prejudice the Company’s ability to provide its goods and services to other users and/or the rights of other users.
User of Sufficient Legal Age
All users that contract a good or service from the Web Site have reached the legal age of majority. Any contracting of goods or services by a minor is only valid if done with the express authorization of his or her parents or legal representatives, who will assume all legal responsibility for the goods and services contracted by the minor. It will be the responsibility of the minor to get his or her parents’ or legal representatives’ approval before proceeding to contract goods or services from the Web Site.
The Company’s Rights to Terminate
The Company reserves the right to terminate membership of any user for any reason in the Company’s sole discretion. The company is not responsible or liable for any damages including loss of data as a result of termination of membership.
The Company reserves the right to terminate the Web Site or any services of the Web Site at anytime for any reasons, with or without notice. The Company will not be responsible and liable for any damages or losses, including but not limited to direct, indirect, consequential, incidental or punitive damages and losses that arise as a result of the termination of the Web Site.
The Company strongly encourages members to backup any materials submitted on the Web Site.
The Company’s Right to Update the Terms of Use
The Company will from time to time revise and update the Terms of Use. The Company reserve the right to amend and change the Terms of Use at any time for any reason, with or without notice. You should duly read these Terms of Use each time that you access and browse the Web Site, as the Company may modify them without prior notice to you and other users of the Web Site