SPIROOX

Terms and conditions

1. LEGAL CONDITIONS AND THEIR ACCEPTANCE

These general conditions (hereinafter referred to as the "General Conditions") govern the use of the Internet Site www.spiroox.com (hereinafter referred to as the "Site"), which SPIROOX MEDIA S.L., with Tax Identification Code B-85503662 (hereinafter referred to as "SPIROOX") provides to Internet users in the manner described below.

The use of the Site attributes the condition of user of the Site (hereinafter, the User) and expresses the full and unreserved consent of the User to each and every one of the general and/or specific conditions with respect to the version published by SPIROOX at the time of the User's access to the Site. Therefore, the User must carefully read the contents of this legal notice each time he or she intends to use the Site.

Access to and/or use of certain services and content offered to Users on and/or through the Site is subject to certain specific conditions which, depending on the case, replace, complete and/or modify the General Conditions (hereinafter, the "Specific Conditions"). Before accessing and/or using these services and contents, therefore, the User must also carefully read the corresponding Particular Conditions. Access to and/or use of such services and content expresses the full and unconditional acceptance of the Particular Conditions in the version published by SPIROOX at the time of such access and/or use.

2. OBJECT

Through the Site, SPIROOX provides Users with access to and use of various services and content made available to Users by SPIROOX or by third party users of the Site and/or third party service and content providers (hereinafter, the "Services").

SPIROOX reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Site, as well as the right to modify or delete, at any time and without prior notice, the Services and the conditions required to access and/or use the Site and the Services.

3. CONDITIONS OF ACCESS AND USE OF THE SITE

3.1. Free access and use of the Site

The provision of the Web Site service by SPIROOX is free of charge for Users and does not require prior subscription or registration. However, the use or performance of some Services can only be made by subscription, registration or contracting by the User, with regulation in some cases through the payment of a price for service received or collected in return for service rendered.

3.2. Obligation to make proper use of the Site and the Services

The User undertakes to use the Site and the Services in accordance with the Law, with the provisions of these General Conditions, morality, good customs, public order, and generally accepted usage, and undertakes to refrain from using the Site and the Services for illegal purposes or effects, contrary to the provisions of these General Conditions, harmful to the rights and interests and image of third parties, or in any way may damage, disable, overburden or impair the Site and the Services or prevent the normal use or enjoyment of the Site and the Services by Users.

3.3. Means to obtain Content

The User shall refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material accessible through the Site or the Services (hereinafter, the "Contents") using means or procedures other than those which, as the case may be, have been made available to you for this purpose or have been indicated for this purpose on the web pages on which the Contents are located or, in general, those which are normally used on the Internet for this purpose, provided that they do not entail a risk of damaging or rendering the Site, the Services and/or the Contents.

3.4. Correct use of the Contents

The User undertakes to use the Content in a diligent, correct and lawful manner and, in particular, undertakes to refrain from: (a) use the Contents in a way that is contrary to the law, morality, good customs and generally accepted practices or public order; (b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless the authorization of the holder of the corresponding rights is obtained or it is legally permitted; (c) delete, circumvent or manipulate the copyright and other data identifying the rights of SPIROOX or its owners incorporated in the Contents, as well as the technical protection devices, fingerprints or any other information mechanisms that may be contained in the Contents; (d) use the Contents and, in particular, the information of any kind obtained through the Site or the Services to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a plurality of persons regardless of their purpose, as well as to refrain from marketing or disclosing such information in any way; (e) and in particular, to perform any act contrary to the rules governing, the protection of personal data, the market and consumers, intellectual property, tax rules, and the honor, privacy and image and good name of persons or entities.

3.5. Use of password

The User undertakes to make diligent use of and keep secret the password(s) and user name(s) assigned to him/her, if applicable, to access the Site and/or the Services. The User shall be liable for the costs and damages caused by the use of the Services by any third party who uses his or her password(s) and user name(s) for this purpose, thanks to the non-diligent use or loss of these by the User.

3.6. Obligation to observe the instructions

The User undertakes to observe diligently and faithfully any instructions given by SPIROOX or by personnel authorised by SPIROOX concerning the use of the Site and the Services. For this purpose, SPIROOX or the personnel authorised by SPIROOX shall contact the Users by means of specific names necessarily identified with "SPIROOX" or "SPIROOX, S.L.".

3.7. Open Forums

The User undertakes to make use of those Services which, by their nature, allow Users to introduce Content on the Site and make them accessible to other Users, such as, for example, chat services, forums, e-mail, bulletin boards, personal pages, etc. (hereinafter, and jointly, the "Open Forums") that are in accordance with the law, these General Conditions, generally accepted morality and good customs and public order.

By way of indication only, the User undertakes not to transmit, disseminate or make available to third parties through the Content Open Forums that (a) in any way contravene, disregard or infringe the fundamental rights and public liberties recognized in the Constitution, international treaties and the rest of the legal system; (b) induce, incite or promote criminal, slanderous, defamatory, infamatory, violent or, in general, contrary to the law, morality and generally accepted good customs or public order; (c) induce, incite or promote actions, attitudes or ideas that discriminate on the basis of sex, race, religion, beliefs, age or condition; (d) incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, pornographic, degrading or, in general, contrary to the law, generally accepted morality and good customs or public order; (e) induce or are likely to induce an unacceptable state of anxiety or fear; (f) induce or incite involvement in practices which are dangerous, risky or harmful to health or mental equilibrium; (g) are false, ambiguous, inaccurate, exaggerated or out of time, in such a way as to mislead as to their purpose or as to the intentions or purposes of the communicator; (h) are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use he or she makes or intends to make or that is made; (i) violate the business secrets of third parties; (j) are contrary to the right to honour, to personal and family privacy or to the image of individuals; (k) infringe the regulations on the secrecy of communications; (l) constitute unlawful, misleading or unfair advertising and, in general, constitute unfair competition; (m) incorporate viruses or other physical or electronic elements that may damage or impede the normal functioning of the network, system or computer equipment (hardware and software) of third parties or that may damage the electronic documents and files stored on such computer equipment.

SPIROOX has no obligation to control and does not control the Content transmitted, disseminated or made available to third parties by Users through the Open Forums. Nevertheless, SPIROOX reserves the right to revise, at any time and without prior notice, on its own initiative or at the request of third parties, the Content transmitted, disseminated or made available to third parties by Users through the Open Forums and to prevent its transmission, dissemination or making available to third parties in the event that, in its opinion, it is contrary to the provisions of these General Conditions.

3.8. Introduction of hyperlinks allowing access to the web pages of the Site and the Services

The Users and, in general, those persons who intend to establish a hyperlink between their web page and any of the web pages of the Site or the Services (hereinafter, the "Hyperlink") must comply with the following conditions: (a) the Hyperlink will only allow access to the web pages of the Site and the Services, but may not reproduce them in any way; (b) deep-links will not be established with the web pages of the Site or the Services; (c) no browser or border environment will be created on the web pages of the Site and the Services; (d) no false, inaccurate or incorrect statements or indications may be made about the web pages of the Site and the Services and, in particular, no statement or implication may be made that SPIROOX has authorised the Hyperlink or that it has supervised or assumed in any way the contents or services offered or made available on the web page on which the Hyperlink is established; (e) with the exception of those signs which form part of the Hyperlink itself, the website on which the Hyperlink is established shall not contain any trademark, trade name, shop name, name, logo, slogan or other distinctive signs belonging to SPIROOX; (f) the website on which the Hyperlink is established shall not contain any information or content which is unlawful, contrary to generally accepted morality and good practice and public order, and shall not contain any information or content which is contrary to public policy.

The establishment of the Hyperlink in no way implies the existence of any relationship between SPIROOX and the owner of the website on which it is established, nor the acceptance and approval by SPIROOX of the contents or services offered therein made available to the public.

3.9. Liability for damages

The User shall be liable for any damages of any kind that SPIROOX may suffer as a result of non-compliance with any of the obligations to which it is subject by the General Conditions.

Without prejudice to the provisions of the preceding paragraph, in the event that SPIROOX is required to pay an administrative fine or any other type of compensation as a result of an administrative decision or a sentence of condemnation or settlement agreement for non-compliance with any of the commitments assumed by the User in the General Conditions, the User shall reimburse SPIROOX the amount paid for this purpose within thirty (30) days from the date of the relevant written notification received from SPIROOX.

4. PERSONAL DETAILS

In order to access and/or use some of the Services, Users must first provide www.spiroox.com with certain personal data (hereinafter, "Personal Data"), which www.spiroox.com will automatically process and incorporate into an automated file, which may be registered or registered with the competent authority, for the purposes that correspond to each case, although the data provided by the User to SPIROOX is basically intended to know their areas of interest and obtain specific profiles for e-mail marketing and direct marketing.

The User expressly consents to the use of his/her e-mail address to send him/her commercial communications. Notwithstanding the foregoing, said consent may be revoked at any time by the affected party by unsubscribing from the services of www.spiroox.com

SPIROOX guarantees that it has adopted the appropriate security measures for its installations, systems and files. SPIROOX also guarantees the confidentiality of the Personal Data. However, SPIROOX shall disclose to the competent public authorities the Personal Data and any other information in its possession or accessible through its systems and required in accordance with the applicable legal and regulatory provisions. Users have and may exercise their rights of access, cancellation, rectification and opposition by contacting SPIROOX by e-mail at contacto@spiroox.com or by writing to its registered office at Pº de la Castellana, 143 - 3º C, 28046 Madrid.

The Users guarantee and respond, in any case, to the truthfulness, accuracy, validity and authenticity of the Personal Data provided, and undertake to keep them duly updated.

5. USE OF THE SITE, SERVICES AND CONTENTS UNDER THE EXCLUSIVE RESPONSIBILITY OF THE USER

The User is aware of and voluntarily accepts that the use of the Site, the Services and any Content takes place, in any case, under his/her sole and exclusive responsibility.

6. DISCLAIMER OF WARRANTIES AND LIABILITY

6.1. Exclusion of guarantees and liability for the operation of the Site and the Services

6.1.1. Availability and continuity

SPIROOX does not guarantee the availability and continuity of the Site and the Services.

SPIROOX excludes any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the site and the services.

6.1.2. Utility

SPIROOX does not guarantee that the Site and the Services will be useful for the performance of any particular activity.

SPIROOX shall not be liable for any damages of any kind that may be caused by users who fail to use the site or the services.

6.1.3. Reliability

SPIROOX does not guarantee the reliability of the Site or the Services, and in particular, although not exclusively, that Users may effectively access the different web pages that make up the Site or the different Services, nor that through them the Content may be transmitted, disseminated, stored or made available to third parties, or received, obtained or accessed.

SPIROOX excludes all liability for damages of any kind that may be due to the unreliability of the site and the services, and in particular, but not exclusively, to faults in accessing the various web pages of the site or the various services, as well as to faults in the transmission, dissemination, storage or making available to third parties of the contents or in receiving, obtaining or accessing the contents.

6.2. Exclusion of guarantees and liability for the Contents

6.2.1. Quality

SPIROOX does not previously control and does not guarantee the absence of viruses in the Contents, nor the absence of other elements in the Contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.

SPIROOX excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the content.

6.2.2. Lawfulness, reliability and usefulness

SPIROOX does not guarantee the legality, reliability or usefulness of the Contents.

SPIROOX shall not be liable for any damages of any kind whatsoever arising from the transmission, dissemination, storage, making available, receipt, receipt, acquisition or access to the contents, and in particular, but not limited to, any damages arising from (a) any breach of law, morality and generally accepted principles of morality or public order resulting from the transmission, dissemination, storage, availability, receipt, acquisition or access to the contents; (b) infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honour, personal and family privacy and the image of individuals, property rights and all other rights belonging to a third party as a result of the transmission, dissemination, storage, making available, receipt, obtaining or access to the contents; (c) the performance of acts of unfair competition and unlawful advertising as a result of the transmission, dissemination, storage, making available, receipt, obtaining or access to the contents; (d) the lack of truthfulness, accuracy, completeness, relevance and/or timeliness of the contents; (e) the inadequacy for any kind of purpose of and the defrauding of the expectations generated by the contents; (f) the failure, delay in performance, defective performance or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or in connection with access to the contents; (g) the vices and defects of any kind of the contents transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the site or the services.

6.3. Exclusion of guarantees and liability for services provided by third parties through the Site

6.3.1. Quality

SPIROOX does not control in advance and does not guarantee the absence of viruses in the services provided by third parties through the Site.

SPIROOX excludes any liability for damages of any kind that may be due to defects in the quality of the services provided by third parties through the site.

6.3.2. Legality, reliability and usefulness

SPIROOX does not guarantee the legality, reliability or usefulness of such services.

SPIROOX excludes any liability for damages of any kind that may be due to the services provided by third parties through the site, and in particular, but not exclusively, for damages that may be due to (a) breach of the law, generally accepted morality and decency or public order as a result of the provision of services by third parties through the site; (b) the infringement of intellectual and industrial property rights, of business secrets, of contractual commitments of any kind, of the rights to honour, personal and family privacy and the image of individuals, of property rights and of any other nature belonging to a third party as a result of the provision of services by third parties through the site; (c) the performance of acts of unfair competition and illegal advertising as a result of the provision of services by third parties through the site; (d) the lack of veracity, accuracy, completeness, relevance and/or timeliness of the contents transmitted, disseminated, stored, received, obtained, made available or accessible through the services provided by third parties through the site; (e) the inadequacy for any purpose of and the disappointment of the expectations generated by the services provided by third parties through the Site; (f) the failure, delay in performance, defective performance or termination for any reason of the obligations assumed by third parties and contracts entered into with third parties in connection with or for the provision of services through the Site; (g) the defects and defects of any kind of services provided by third parties through the Site.

6.4. Exclusion of guarantees and liability for services and content hosted outside the Site

The Site makes available to Users technical linking devices (such as, among others, links, banners, buttons), directories and search tools that allow Users to access websites belonging to third parties (hereinafter, "Linked Sites"). The installation of these links, directories and search tools on the Site is solely for the purpose of facilitating Users' searches for and access to the information available on the Internet, and does not imply any kind of link or association between SPIROOX and the operators of the Linked Sites.

SPIROOX does not control, approve or make its own the services, information, data, files, products and any other material on the Linked Sites. The User, therefore, must exercise extreme caution in the evaluation and use of the services, information, data, files, products and any kind of material available on the Linked Sites.

SPIROOX does not guarantee or assume any responsibility for damages of any kind that may be caused by (a) the operation, availability, accessibility or continuity of the linked sites; (b) the maintenance of the services, information, data, files, products and any kind of material existing on the linked sites; (d) the quality, lawfulness, reliability and usefulness of the services, information, data, files, products and any kind of material existing on the linked sites, under the same terms and with the same scope as provided for in General Condition 6.2 and 6.3 regarding the contents and services provided by third parties through the site.

6.5. Exclusion of guarantees and liability for the use of the Site, the Services and the Contents by the Users

SPIROOX does not control access to or use of the Site, Services and Content by Users. In particular, SPIROOX does not guarantee that Users will use the Site, the Services and the Contents in accordance with the law, these General Conditions and, where applicable, the Specific Conditions that may apply, generally accepted morality and good customs and public order, or that they will do so in a diligent and prudent manner..

SPIROOX shall not be liable for any damages of any kind WHATSOEVER ARISING FROM THE USE OF THE SERVICES AND THE CONTENTS.

6.6. Identity and information regarding the Users provided by the Users themselves

SPIROOX does not control or offer any kind of guarantee as to the identity of the Users, nor as to the truthfulness, validity, completeness and/or authenticity of the data that the Users provide about themselves and provide to or make accessible to other Users.

SPIROOX excludes any liability for damages of any kind that may be due to the incorrect identity of users and the lack of truthfulness, validity, completeness and/or authenticity of the information that users provide about themselves and provide to or make accessible to other users, and in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party by a user in any kind of communication or transaction made through the site.

7. NO LICENSE

SPIROOX authorises the User to use the intellectual and industrial property rights and business secrets relating to the Software installed on his/her computer equipment solely to use the Site and the Services in accordance with the provisions of these General Conditions. SPIROOX does not grant any other licence or authorisation of any kind for the use of its industrial and intellectual property rights, company secrets or any other property or right related to the Site, the Services or the Contents.

8. DENIAL AND WITHDRAWAL OF ACCESS TO THE SITE AND/OR SERVICES

SPIROOX reserves the right to deny or withdraw access to the Site and/or the Services at any time and without prior notice, on its own initiative or at the request of a third party, to those Users who do not comply with these General Conditions or the Specific Conditions that may apply.

9. PROCEDURE IN CASE OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

In the event that any User or third party considers that any of the Content has been posted on the Site in violation of their intellectual property rights, they must send a notification to SPIROOX containing the following information: (a) personal data: name, address, telephone number and e-mail address of the claimant; (b) authentic signature or equivalent, with the personal data of the owner of the intellectual property rights allegedly infringed or of the person authorized to act in the name and on behalf of the owner of the intellectual property rights allegedly infringed; (c) precise and complete indication of the Contents protected by the intellectual property rights allegedly infringed, as well as their location on the Site; (d) express and clear statement that the introduction of the Content indicated has been made without the consent of the owner of the intellectual property rights allegedly infringed; (e) express, clear and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content constitutes an infringement of their intellectual property rights.

These notifications should be sent to the Administration Department, contacto@spiroox.com, telephone 91 4608241, address Pº de la Castellana, 143 - 3º C, 28046 Madrid.

10. DURATION AND TERMINATION

The provision of the service of the Site and the other Services has an indefinite duration. However, SPIROOX is entitled to terminate, suspend or interrupt unilaterally, at any time and without prior notice, the provision of the service of the Site and/or of any of the Services, without prejudice to the provisions of the corresponding Particular Conditions.

11. APPLICABLE LAW AND JURISDICTION

These General Conditions are governed by Spanish law.

SPIROOX and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of the registered office of SPIROOX for any dispute arising from the provision of the services covered by these General Conditions. In the event that the User's home address is outside Spain, SPIROOX and the User shall likewise submit, expressly waiving any other jurisdiction, to the courts and tribunals of the city of Madrid (Spain).

12. COOKIES

SPIROOX uses cookies when a User navigates the websites and pages of the Site. Our cookies are only associated with an anonymous User and his or her computer and do not provide references that allow the User's name and surname to be deduced. SPIROOX cookies cannot read data from your hard drive or read cookie files created by other providers. SPIROOX encrypts the User's identification data for greater security. Thanks to cookies, it is possible for SPIROOX to recognize registered Users after they have registered for the first time, without having to register on each visit to access the areas and services reserved exclusively for them. The User has the possibility of configuring his browser to be warned on screen of the reception of cookies and to prevent the installation of cookies on his hard disk. Please consult the instructions and manuals of your browser for further information. In order to use the Site, it is not necessary for the User to allow the installation of the cookies sent by SPIROOX, without prejudice to the fact that in this case it will be necessary for the User to register each time he/she accesses a service that requires prior registration.

For any suggestion or proposal for collaboration, please write to us by e-mail at contacto@spiroox.com.