1. IDENTIFICATION DATA
1.1. Logalty, S.L. (hereinafter referred to as LOGALTY) is an entity whose registered office is in Alcobendas (Madrid, Spain), Valportillo Primera 22-24, and, whose Spanish Tax Identification Number is B-84492891. Contact e-mail address: [email protected]
Logalty, S.L. is a company registered at the Spanish Mercantile Registry of Madrid, volume 22.055, sheet 60, page M-393.315.
1.2. Also, the domain name, owned by LOGALTY, www.logalty.com, shall not be used in connection with other contents, products or services which do not belong to LOGALTY in any way, so it cannot lead to confusion among final users or to LOGALTY disrepute.
2. AIM AND SCOPE
In this sense, it is understood that the term USER refers to any person accessing, browsing, using or participating in services and activities, free or onerous, carried out on the Website LOGALTY.COM.
2.3. The User undertakes to use the Website correctly in accordance to legislation, good faith, public order and this Legal Notice, and shall respond to LOGALTY or third parties, of any damages caused as a consequence of non-compliance of such obligation.
At the same time, LOGALTY, through LOGALTY.COM, may entitle third entities to publish or render its services, by inserting links to their respective websites or by banners. In these cases, LOGALTY shall not be responsible for drafting the general/specific terms and conditions to take into account during the use, rendering or contracting of these services to third parties and, therefore, shall not be considered liable for those.
2.5. Before using services and/or acquiring LOGALTY products, the User must carefully read the corresponding general/specific terms and conditions of contracting, created to that effect by LOGALTY. The use and/or acquisition of software products through LOGALTY.COM implies the acceptance of these terms and conditions.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. LOGALTY is the owner or has obtained the corresponding license over the rights to exploitation of intellectual and industrial property of LOGALTY.COM, as well as the intellectual, industrial and image property rights over the contents and products available in the aforementioned website.
3.2. Under no circumstance, shall it be understood that access and surfing the website or acquiring LOGALTY products in LOGALTY.COM by the User implies a renunciation, transmission, license or total or partial transfer of these rights by LOGALTY.
3.3. As a consequence thereof, it is not allowed to delete, elude or manipulate the copyright or any other detail of identification regarding the rights held by LOGALTY or its owners included in the contents and products, as well as all technical protection devices, digital fingerprints or any other mechanism of information and/or identification which may be contained in those.
3.4. It is also forbidden to modify, copy, re-use, exploit, reproduce, publicly display, make second or subsequent publications, download files, send by post, transmit, use, deal or distribute, in any way all or part of the content and products included in LOGALTY.COM for public or commercial purposes, without prior written consent from LOGALTY or, if it were the case, from the owner of the corresponding rights.
4.1. The access to LOGALTY.COM by Users is free and out of charge, nevertheless, some services and products provided by LOGALTY are subject to the previous acquisition of the service or product and the payment of an amount of money, which is shown in the General Conditions of Business.
4.3. It is absolutely forbidden to acquire products or services through LOGALTY.COM by underage users, being these obliged to obtain previously their parents´ consent, or tutors or legal representatives, who shall be considered as responsible for the acts undertaken by underage users under their supervision, according to the current legislation.
5. WEBSITE USAGE
5.1. Contents and products offered through LOGALTY.COM are only aimed to final users. Any non-authorized commercial use of those, or their resell, are absolutely forbidden, unless the user has a previous written authorization from LOGALTY or if the product has been specially designed for its resell or distribution, and thus determined by LOGALTY.
5.2. If the User has to register for the use and/or acquisition of a service in LOGALTY.COM, the User shall be responsible of providing accurate and licit information. If as a consequence of registering, the User is provided with a password, the User shall use it carefully and keep it secret in order to access these services. As a consequence, Users are responsible for keeping custody and confidentiality of any identifier and/or passwords provided by LOGALTY, and hereby agrees not to give any of this information to a third party , no matter if this is temporary or persistent, nor to permit access to third parties. The User will become responsible for any illicit use of the services by an unauthorized third party using a password as a result of carelessness or loss of the same by the User.
5.3. Notwithstanding the above, the User is obliged to notify the management of LOGALTY, any event which implies the illicit use of identifiers and/or passwords, such as theft, loss or non-authorized access, in order to cancel it immediately. Provided such incidents are not reported, LOGALTY is exempt from any responsibility which may derive from the illicit use of identifiers or passwords by non-authorized third parties.
5.4. Access, surfing and use of LOGALTY.COM is the responsibility of the User, who therefore agrees to carefully and faithfully observe any additional instructions added by LOGALTY or by authorized personnel at LOGALTY, related to the use of LOGALTY.COM and its content and products.
5.5. Therefore, the User undertakes to use the contents and products diligently, correctly and licitly and in particular, commits to abstain from:
a. using them with purposes contrary to the law, generally accepted principles of morality or public order and the instructions given by LOGALTY.
b. reproducing or copying, distributing, permitting access from the public by any means of public communication, transforming or modifying the content, unless prior consent of the owner of the corresponding rights or if it is legally permitted.
c. using the contents and products and, in particular, the information from any kind obtained through the Web Site or through the services to send publicity, communications with direct sell purposes or any other kind of commercial purpose, non-requested messages directed to a number of people no matter its purpose, as well as refraining from marketing or displaying in any way such information.
d. introducing viruses in the net or carrying out actions which may be susceptible to alter, damage, interrupt or generate mistakes or damages in the electronic documents, physical or logical data or systems of LOGALTY or of third parties; as well as hinder the access of other users to the Web Site and its services by a mass consumption of computering resources which LOGALTY renders its services through.
e. trying to access other users´ e-mails or restricted areas of LOGALTY computer systems or of third parties and, extracting information.
f. infringing intellectual or industrial property rights, as well as breaching the confidentiality of LOGALTY information or of third parties.
g. impersonating another user, from the public administrator or from third parties.
h. duplicate, copy, distribute or any other form of public communication, transform or modify the contents, unless they have the authorization of the holder of the relevant rights and it is legally permitted.
6. LIABILITIES AND LIMITATIONS
6.1. The content of this Web Site is of a general nature and its aim is merely to provide information, therefore, no guarantee is given by LOGALTY on the access to all contents, nor their throughness, correctness, validity or accuracy, nor their suitability or utility for a specific aim. LOGALTY excludes, until the extent the law permits, any liability for damages of any nature derived from:
a. access unavailability of the website or lack of veracity and/or updated contents.
b. the presence of viruses and other harmful elements in the Web Site or server, electronic documents or Users’ data.
c. a non-compliance from the Users with the law, good faith, public order and the present legal terms and conditions as a consequence of incorrect use of the Web Site.
Equally, LOGALTY is not liable for the information out of its website, not managed directly by our personnel. The purpose of the links shown in our website is to exclusively inform the user about the existence of other sources which may extend the contents displayed in our website. LOGALTY does not guarantee, nor is responsible for the performance or does not suggest, invite or recommend its visit to those links, therefore LOGALTY shall not be responsible for the result obtained.
Notwithstanding the above, LOGALTY declares that it has adopted all necessary measures, within its reach and within the state of technology, in order to guarantee the correct functioning of LOGALTY.COM and to avoid the existence and transmission of viruses and other damaging components which could potentially harm Users.
6.3. In the event that third parties sell or advertise their services or products by LOGALTY.COM:
a. it shall be necessary to clearly specify which company offers or adverts such services or products and their characteristics.
b. LOGALTY shall be regarded as a mere intermediary in such services.
c. the third party which sells or advertise its services or products through LOGALTY.COM, shall be regarded as the only responsible in relation to those services or products.
7. LINKS (TO OTHER WEBSITES)
7.1. In LOGALTY.COM, the User may find links to other web pages by different buttons, links, banners, etc. Those links are managed by third parties. LOGALTY does not have the knowledge or human and technical means to control or approve all the information, contents, products or services provided in other websites to which it offers a link through LOGALTY.COM. Consequently, the Entity will not take any responsibility for any aspect related to these websites linked to through LOGALTY.COM, in particular on its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of their contents in general. If the Users become aware of the illegality of the activities carried out through these third parties websites, they will be under the obligation to communicate it to LOGALTY with immediate effect, so that we can proceed to stop access to this link.
7.2. The fact that there were a link in LOGALTY.COM to another website, it does not imply any relationship, cooperation or link between LOGALTY and the owner or responsible of that external website. Links to other websites leading to LOGALTY.COM.
7.3. If any User, entity or website wishes to set any kind of link leading to LOGALTY.COM, they must meet the following principles:
a. the link can only be directed to LOGALTY.COM Home page, unless prior, expressed written authorization by LOGALTY.
b. the link must be full and complete, i.e. it must take the user with a click to the URL address of LOGALTY, www.logalty.com, and must include the full extension of LOGALTY.COM home page. In no case, unless otherwise expressly authorized in writing by LOGALTY, can the website creating the link reproduce, in any way, LOGALTY.COM, include it as part of its website or in one of its ‘frames’ or create a ‘browser’ of any of the pages from LOGALTY.COM.
c. at the webpage where the link to LOGALTY is shown, there cannot be any statement of authorization to that link from LOGALTY, unless otherwise there exists an expressed authorization in writing from LOGALTY. If the entity which has a link to LOGALTY.COM from its website wishes to include in its web the brand, name, commercial name, logo, slogan or any other identifying element of LOGALTY and/or LOGALTY.COM, the entity shall ask for a prior written authorization.
d. at all times, LOGALTY forbids the link to its Website from all those web pages which contain materials, information, or contents which are illicit, illegal, degrading, obscene and in general, which infringe upon morality, public order, current legislation, generally accepted social rules or which harm the legitimate rights of third parties.
7.4. LOGALTY does not have the knowledge or human and technical means to control or approve all the information, contents, products or services provided in other websites to which it offers a link through LOGALTY.COM. Consequently, LOGALTY will not take any responsibility for any aspect related to these websites linked to through LOGALTY.COM, in particular on its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of their contents in general.
8. PROCEDURE IN ACTIVITIES ON SUSPICION OF BEING ILLEGAL
Should any user or third party considers that events or circumstances exist which reveal the illicit nature of the utilization of any content and/or services, or engagement in any illicit activity in the pages included on the Web Site or accessible through the web page, he or she shall send a notification to LOGALTY, providing proper identification, specifying the alleged infringement and expressly stating and under your responsibility, that the information provided within the notification is accurate.
The jurisdiction in the event of any litigation concerning LOGALTY website is the Spanish legislation which shall apply at Madrid Courts (Spain).
8.1. LOGALTY reserves the right to modify the terms and conditions hereby, total or partially, by publishing any modification in the same way these conditions of use appear or by any other kind of communication headed to the Users.
8.2. The temporary duration of these conditions of use coincide with the duration of publications, until they are totally or partially modified. At this point, the modified conditions of use will become binding.
8.3. LOGALTY can, at any time finalize, cancel or interrupt access to the published content, without the need of previous communication, excluding the User to the right to claim any compensation in this respect. Following this cancellation, the previously outlined (in this Legal Notice) prohibitions of the use of contents will remain valid.
8.4. In the event, the User had contracted any LOGALTY provided Product or Service, which the User had to pay for, this acquisition will be governed by the General/Specific Conditions set forth.
The administrative information provided through this website does not replace the legal publicity of the laws, general dispositions and acts that are to be published in the official journals, which are the only binding instruments with regard to the authenticity and content thereof. The available information in this web site must be regarded as a guide without purpose of legal validity.
All notifications and communications between the Users and LOGALTY shall be regarded as valid, to all effects, as long as they are carried out by post or electronic mail, signed electronically by an advanced electronic signature based on qualified certificates aim at a higher level of security, and in no case, by telephone communication. Users are requested to contact LOGALTY by the following ways:
a. Mailing the following postal address: Valportillo Primera, 22-24, 28108 Alcobendas, Madrid (Spain).
b. Mailing the following electronic mail: [email protected].
11. GENERAL TERMS
11.1. Headings to the different clauses are merely informative and, shall not affect, qualify or extend the interpretation of the conditions of use.
11.2. In the event of existing discrepancies between these conditions of use and the specific conditions of each specific service, what is set forth in these last shall prevail.
11.3. In the event that any disposition(s) of the conditions of use hereof were considered void or unenforceable, total or partially, by any competent Court or administrative authority, such voidance or unenforceability shall not affect the rest of dispositions contained within neither the conditions of use nor the specific conditions of the different LOGALTY services.
11.4. The failure to use the right by LOGALTY of any right or disposition within these conditions of use hereof, shall not constitute a waiver of the same, unless otherwise recognized and written agreement by LOGALTY.
The relationship between LOGALTY and the User shall be governed in compliance with the provisions of the applicable law and competent jurisdiction. Notwithstanding the above, for those cases where the law provides for the likelihood of the parties to submit to a judicial right, LOGALTY and the User, expressly waiving any other legal right that might apply, will submit any controversy and/or litigation to the attention of Madrid Courts, Spain.