Conditions of access and use of the THE COMPANY’s website.
HIDTMA, S.L. (hereinafter, THE COMPANY), a company of Spanish nationality, with registered address at Edificio Twin Golf, A – C/ Perú nº 6 28290, Las Matas – Madrid, informs visitors (hereinafter User/s) of the Internet web pages or websites relating to LINKZ products and those under its ownership (hereinafter websites), of the conditions of use (Conditions of Use) applicable to the access and navigation of the websites applicable to the Users who access or use the services, applications, tools and, in general, contents included in same (hereinafter services or contents).
This document, without prejudice to the particularities which may be indicated within same, is accepted by Users by virtue of their mere access to the websites.
THE COMPANY informs Users that it will use its best endeavours to achieve the best quality possible, bearing in mind the state of technology. Regardless of the afore-mentioned, THE COMPANY declines any responsibility in the event of any interruptions or poor performance of the services or content offered in the Internet, whatever the cause. Likewise, THE COMPANY will not be responsible for any network collapse, loss of business on account of said collapse, temporary suspensions of power supply or any other type of indirect damage that may be caused to the Users by issues not attributable to THE COMPANY.
THE COMPANY may temporarily or permanently suspend the services or content for reasons of updating content, maintenance, systems repair or for reasons of a business nature.
THE COMPANY will not be responsible for failures and/or damages derived from the incompatibility of the services or contents of THE COMPANY with other services or contents or IT programmes with which it may not be specifically interoperable. In any event, the configuration and capacity of the Users’ equipment to navigate the websites as well as to use the services and content offered therein must be sufficient to permit the correct use of the services, with the User being responsible for the total and correct installation of those contents that he/she may download from said websites.
2.- Responsibility of Users for use and contents.
Both access to the websites and the use that may be made of the information and contents included in same, will be the exclusive responsibility of whomsoever undertakes this access and use.
Therefore, the use that may be made of the information, images, contents and/or products offered and accessible through same, will be subject to applicable legality, whether national or international, as well as principles of good faith and legal use on the part of the Users, who will be wholly responsible for said access and correct use.
The Users will be obliged to make reasonable use of the services or contents, under the principle of good faith and with respect to current legislation, morality, public order, good conduct, rights of third parties or of THE COMPANY itself, all in accordance with the possibilities and purposes for which they were conceived. THE COMPANY does not assume responsibility, either directly or indirectly, for any consequential damage or loss of profits derived from the misuse of the services or contents undertaken by the Users or third parties. The User agrees to use the services or contents exclusively for his/her personal use, and to neither directly or indirectly commercially exploit same.
Access to the services or contents will be undertaken under the full responsibility of the Users. In the event of the User being underage or disabled, it will be undertaken under the full responsibility of their parents, legal representatives or guardians, with these being obliged to accompany, supervise or take opportune precautions during the navigation of same on the websites.
Generally, any type of activity prejudicial to THE COMPANY or to third parties is prohibited. THE COMPANY will not be held responsible under any circumstances for the information, images, allusions or contents which are communicated, hosted, transmitted or exhibited through the services or contents offered by THE COMPANY beyond its control.
The use of THE COMPANY’s websites for illegal or unauthorised purposes is strictly prohibited and, in particular, and including but not limited to: any form of violation of third party rights in relation to their privacy, honour, own image, confidentiality of the communications, intellectual and industrial property or protection of personal data.
Likewise, the Users agree to not publish, divulge, advertise, make reference to or distribute any material, matter or information with illegal, obscene, pornographic, abusive, defamatory, misleading, or racist content or content that goes against morality or public order, as well as to not introduce any type of IT virus, defective files, or any other software or IT programme that may cause damage or unauthorised alterations to the contents, programmes or systems accessible through the websites; to not alter or intervene by fraudulent means, personal websites or electronic emails of other Users without due authorisation, as well as not sending out electronic mail of a mass and/or repetitive nature, or send third party electronic mail addresses without their consent. Neither may the Users unduly or inadequately in relation to normal performance and intent, use those services or contents that may be facilitated by THE COMPANY such as chatrooms, news groups, forums, etc.
In the event of non-compliance of that which is herewith established, THE COMPANY may, without it leading to any type of indemnity, remove illegal content from its websites. THE COMPANY may act in this sense, under its sole and exclusive criteria, or at the behest of any third party affected, and all in accordance with current legislation.
In particular and without prejudice to any of the afore-mentioned, Users agree to comply with all applicable local, state, national and international legislation and are solely responsible for all the acts or omissions that occur in relation to their account, registration or password, including the content of their transmissions through the website services or contents. By way of example, the Users agree to abstain from the following actions, without prejudice to the fact that they will be solely and completely responsible for same, and including but not limited to:
- Using the service in relation with polls, competitions, pyramid schemes, chain mail, unsolicited mail, spamming or any other duplicative or unsolicited messages (commercial or otherwise).
- Creating a false identity for the purposes of deceiving third parties in relation to the identity of the sender or the origin of the message.
- Defame, insult, assault, threaten or infringe in any way the rights of third parties (such as the right to privacy or self-image).
- Publish, distribute or divulge any information or material that is inappropriate, sacrilegious, defamatory, illicit, obscene, indecent, racist, which may induce violence or which may be considered to be illegal.
- Advertise or offer the sale or purchase of any products or services.
- Compile or in any other way obtain information about third parties, including their electronic mail addresses, without their consent, as well as providing other electronic mail addresses to third parties.
- Use, download or copy in any way, as well as provide (freely or otherwise) to a person or entity other than the User of the services or contents any directory of the Users of the services or contents or any other information relating to the Users or the use of these beyond the context of normal use in accordance with these conditions of use.
- Attempt to obtain unauthorised access to the services or contents, to other accounts, to IT systems or to networks connected to same, through automatic password search or any other means.
- Infringe applicable legislation or regulations, included amongst others the legislation which governs the transmission of technical data or software exported from the European Union.
- Interfere with the use or enjoyment of the services or content on the part of other Users or with the use and enjoyment of similar content on the part of other people or entities.
- Undertake any action on the websites which implies the transmission of any prejudicial, harmful or simply unsolicited programme.
THE COMPANY will not be obliged to supervise the Service nor the use made of it by a user nor preserve the contents from any user’s session. However, and without prejudice to the afore-mentioned, THE COMPANY reserves the right to supervise, revise, preserve and/or reveal at any time any information that may be necessary in order to comply with any applicable legislation or regulation, legal proceeding or administrative requirement.
3. Prohibition of disturbance and damages.
THE COMPANY wherever technically possible will immediately cancel or block any registration for a User of the websites under the responsibility of THE COMPANY when it reasonably considers that said registration may convey, or in any way be related to, any disturbing or mass unsolicited mail and, insofar as it is able, whenever requested to do so by the recipient User of THE COMPANY’s websites, without prejudice to the full redress of the damages done to THE COMPANY and third parties.
4.- Intellectual and industrial property.
The content provided by THE COMPANY as well as the content made available on the Net through its websites, constitute a body of work in the context of legislation on intellectual property and is therefore protected by the international laws and treaties applicable in this matter. Any form of reproduction, distribution, public communication, transformation, disclosure and, in general, any other action of public ecploitation in relation to the Websites or their contents and information, is strictly prohibited, without the prior and express consent of THE COMPANY.
Consequently, all the contents appearing on the different websites and in particular, designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, industrial drawings or any other signs susceptible to industrial and commercial use are subject to the intellectual and industrial property rights of THE COMPANY or the third party owners of same who have duly authorised their inclusion on the different websites.
Therefore, the contents, images, contents, forms, opinions, indices and other formal expressions which form part of the websites, as well as the software necessary for the operational capacity and visualisation of same, likewise constitute a body of work in the context of Author’s Rights and remain, therefore, protected by the international treaties and national legislation in relation to Intellectual Property matters that may be applicable. Non-compliance with the afore-mentioned implies the commission of serious illicit acts and their sanction by civil and criminal legislation.
All acts by virtue of which the Users of the services or contents may exploit or benefit commercially, either directly or indirectly, totally or partially, from any of the contents, images, forms, indices and other formal expressions which form part of the websites are prohibited without the prior written consent of THE COMPANY. Particularly prohibited are any acts of, including but not limited to, reproduction, distribution, exhibition, transmission, broadcasting, emission in any shape or form, storage on physical or logical media (for example, diskettes or computer hard disks), digitalisation or disclosure from databases other than those belonging to THE COMPANY or authorised by THE COMPANY as well as their translation, adaptation, arrangement or any other transformation of said opinions, images, forms, indices and other formal expressions made available to Users through the services or contents, insofar as said acts may be subjected to applicable legislation in relation to intellectual, industrial Property or protection of image.
THE COMPANY is free to limit access to the websites, and the products and/or services offered therein, as well as the subsequent publication of the opinions, observations, images or comments that the Users may send in through electronic mail. THE COMPANY in this context, may establish, if it deems it opportune, without prejudice to the sole and exclusive responsibility of the Users, the necessary filters for the purposes of avoiding the disclosure on the Net through its websites contents or opinions considered to be racist, xenophobic, discriminatory, pornographic, defamatory or which, in any way, promote violence or the dissemination of clearly illicit or harmful content. Given the high number of electronic mails received, and according to the legislation applicable at any given moment, these efforts on the part of THE COMPANY will be undertaken in accordance with criteria of suitability, given that it is practically impossible to control the current contents of the services provided at all times.
In accordance with what has been established in the previous paragraph, THE COMPANY is equally authorised to proceed with the modification or alteration of said observations, opinions or comments, for the purposes of adapting them to the editorial format needs of the websites, without this being understood to imply any type of damage to any of the moral rights of Authors that the Users may hold over them.
Any technical, logical or technological resources by virtue of which a third party may benefit, directly or indirectly, with or without profit, of each and every content, form, index and other formal expressions that form part of the websites, are prohibited, or the efforts undertaken by THE COMPANY for their operation. Specifically, any link, hyperlink, framing or similar that may be established and which aims at the websites of the COMPANY are prohibited without the prior express written consent of THE COMPANY. Any transgression of what has been established in this point will be considered to be harmful to the legitimate Intellectual property rights of THE COMPANY over the websites and all the content of same.
THE COMPANY will not assume any responsibility whatsoever for the consequences derived from the afore-mentioned conduct and actions, in the same way that it will not assume any responsibility whatsoever for the contents, services, products, etc of third parties accessible directly or through banners, links, hyperlinks, framing of similar from the websites of THE COMPANY.
5. Renunciations and limitations of responsibility.
The information and services included or available through the websites may include mistakes or typographical errors. Changes to the information containedis periodically incorporated, THE COMPANY may at any time introduce improvements and/or changes to the services or contents.
THE COMPANY neither declares nor guarantees that the services or contents will be uninterrupted or free of errors, that the mistakes will be corrected, or that the service or the server that makes them available are free of viruses or other harmful components, without prejudice to the fact that THE COMPANY uses its best endeavours to avoid these types of incidents. THE COMPANY neither guarantees nor declares that the use or the results of the use of the services or the contents will be correct, accurate, or in any other way reliable. In the event that the User were to take certain decisions or undertake certain actions on the basis of the information included on any of the websites, confirmation of the information with other sources is recommended.
The Users expressly accept that THE COMPANY will not be responsible for the unauthorised access or alteration of their transmissions or data, of any material or data sent or received or not sent or received, nor any transaction carried out through its websites. The User accepts that neither will THE COMPANY accept responsibility for the information, statements or opinions disclosed by other Users, or when these have content that is threatening, defamatory, obscene, offensive or illegal to any third party or any infraction of third parties, including intellectual property rights. Likewise, the User accepts that THE COMPANY is not responsible for any content sent, used and/or included in the services by any third party.
THE COMPANY does not guarantee the suitability, reliability, availability, opportunity and precision of the services or contents for any purpose.
THE COMPANY will not be responsible for damage either direct or indirect or of any other type, including, but not limited to, damage through loss of use, of data or profits, derived or related to the use of the services or websites relating to the delay or inability to use the service, whether the responsibility of THE COMPANY has a contractual origin, extra-contractual origin, through negligence, objective responsibility or of any other type, including if THE COMPANY has been warned of the possibility of the existence of damage by particular third parties.
The Users will indemnify and hold harmless the Directors and employees of THE COMPANY, from any claim, lawsuit or damages, including the reasonable fees of lawyers, brought by any third party due to their use or conduct during their navigation of the websites.
7. Modifications to the Conditions of Use.
THE COMPANY reserves the right to modify the present conditions of use at any time.
8. Communications with THE COMPANY
In the event of any incident about operational capacity and quality of service, as well as any other question that may arise with the provision of the service, communications must be addressed in writing to THE COMPANY, at the address indicated at the beginning, and presented within the period of one month from the time of awareness of the event that motivated same.
Likewise, we place at your disposal the address info@LA EMPRESA.es in the event that you prefer to contact us via electronic mail.
All the rights of the websites are protected by their copyright ©. All rights are reserved and therefore their content belongs solely and exclusively to their author. Access to this material will not in any way represent a licence for its reproduction and/or distribution which, in any event, will be prohibited unless subject to prior and express consent of THE COMPANY. Access to the websites implies the acceptance of the present conditions of use.
The legislation applicable is the Spanish. Use of the servives or contents is prohibited in all those jurisdictions that do not recognise the effectiveness of these present conditions of use. Access to the contents of THE COMPANY’s websites does not create between the Users and THE COMPANY an association, company, working relationship or agency of any type. Likewise, unless expressly indicated to the contrary, neither shall a supplier-client relation be established as except for in specific circumstances of use the services of contents are free. None of the contents of these conditions of use will prevent THE COMPANY from complying with any administrative, judicial or legal requirements relating to the use made by Users of the services or contents.
NOTICE TO MINORS.
If you are a minor it will interest you to know that:
THE COMPANY recommends that you advise your parents or representatives prior to beginning your Internet navigation.
In particular, if you are going to register, consult with your parents or representatives so that if they wish to do so they can contact us.
NOTICE TO ADULTS.
Without prejudice to all that has been established by way of Legal Notices; in your capacity as parents, representatives or legal guardians, you will be responsible for your child or ward’s access to the services or contents of THE COMPANY and we therefore recommend you accompany them, supervise them or take the opportune precautions (time restrictions for computer use, location of the computer in a common area of the house, etc.) during their navigation of the websites.
Although THE COMPANY will not check the veracity of the details, it recommends that in these cases you supervise the registration process of your children or wards. Where applicable, THE COMPANY will manage the requests derived from the exercising, by the parents or guardians, of the rights of access, cancellation, rectification and opposition to the details of minors or the disabled, without prejudice to your ability to contact us to provide whatever warnings you consider opportune.
Together with the above, we remind you that some browsers permit the modification of your configuration so that children or other people cannot access certain websites. Even so, we recommend that you attend their navigation as certain websites may not have yet been classified.