General Terms and Conditions
Date of last update: 02 / December / 2020
1. OWNERSHIP.
The purpose of this document is to establish the general conditions of use of the web application
(hereinafter, the Application), owned by Viax Technologies Europe, S.L., with CIF/NIF no.: B87751806 and
address for notification purposes at: C/ Alsasua 14-16, C.P. 28023 - Madrid (Madrid): C/ Alsasua 14-16, C.P. 28023 -
Madrid (Madrid), with said entity registered under the Commercial Registry of MADRID, Volume 35604, Folio 34, Section
8ª,
Page M-639896, 1st inscription (hereinafter, the Owner). The registration and subsequent use of the Application
requires
prior acceptance by the user of the general conditions of use. The Owner reserves the right to modify the present
conditions
at any time, although such changes will be duly notified to the user.
The download and use of the application, attributes the condition of user (hereinafter, the User) and implies the
reading,
understanding and acceptance of all the terms and conditions contained in this document.
However, the User must periodically review the publications relating to the changes made to the conditions of use,
and if he/she continues to use the Application, this implies acceptance and understanding of such changes.
The present Terms of Use affect your legal rights and obligations with respect to your use of the Application.
If you do not agree to the terms contained herein, you must not register, access, or use the Application.
2. MINORS.
In accordance with the current regulations regarding the protection of personal data, and to protect the privacy of
minors,
the User must be over fourteen (14) years of age or have authorization from their parents and / or legal guardians,
to register, access and use this Application.
To this end, the Owner may contact the User at any time for him/her to prove his/her identity and the real age that
would
enable him/her to use the Application, or to prove that he/she has the authorization of his/her parents and/or legal
guardians.
To this end, the Owner may contact the User at any time for him/her to prove his/her identity and the real age that
would
enable him/her to use the Application, or to prove that he/she has the authorization of his/her parents and/or legal
guardians.
Viax Technologies Europe, S.L.
3. INTELLECTUAL PROPERTY RIGHTS.
The Application is composed of various integrated and inseparable elements (text, illustrations, photographs, animated
images,
videos, computer programs, etc.), whose intellectual property rights, under the provisions of current legislation on
the
subject, correspond to the Owner, except for those materials obtained under license, authorization, or consent of
third
parties.
The Owner and the third-party licensors shall always retain the intellectual property rights over the Application, as
well as over the different elements that compose it, considered individually, in all the copies that are made
(regardless of their functionality or use), granting them only the right of use.
Any right not expressly granted shall be reserved in favor of the Owner and the licensors of individual contents or
elements.
The Owner has the intellectual property and exploitation rights over the software used for the development and
operation
of the Application and shall be entitled to download and install new versions of the software of the Application,
updates
and improvements, in order to improve the functionalities of the service.
The user does not have any right or license for the contracted service, on the software necessary for the provision of
the service, nor on the technical information for monitoring the service, except for the rights and licenses necessary
for the use and correct operation of the Application.
In addition to the above, the Owner is responsible for the selection, design of the structure and layout of the
contents
of the Application, as well as for taking the initiative and assuming the risk of making substantial investments aimed
at
obtaining, digitalizing, and presenting the Application. This corresponds to him the protection that the Intellectual
Property Law (LPI) may grant on said layout and structuring of data.
The Owner is also the sole proprietor of the design and graphic image of the Application, reserving the protection
that
legally correspond to him against the persons who could carry out imitations or unfair uses of the material.
4. USER RIGHTS.
With respect to any content generated by the User while utilizing the Application, the User shall be the sole owner of
the
intellectual property rights to such content. However, when the User shares, disseminates or publishes content in the
Application, he/she is granting a non-exclusive, transferable, and free license to store, reproduce, distribute,
modify,
maintain or publicly communicate (disseminate, publish) the content generated by the User
If the User shares or publishes content in the Application that he/she has not created or generated himself/herself,
he/she shall be solely responsible for having previously obtained the corresponding authorizations from the legitimate
authors of the aforementioned content.
Viax Technologies Europe, S.L.
In any case, the Owner informs the User that, although the content can be deleted from the Application interface,
it can be kept in the Owner\'s backup copies for a certain period of time, to be effectively deleted afterwards.
It is also worth mentioning that the content may still be visible if it has been shared with other users and they
have come to download or save such content, as these actions exceed the scope or environment of the Application.
5. USER OBLIGATIONS.
The User agrees to use this Application and all its contents in accordance with the law, morality, public order, and
these terms of use. Likewise, the User agrees to make appropriate use of the services and/or contents of the
Application.
Specifically, the User agrees to:
-
Not using the Application to carry out illicit or criminal activities, which infringe the rights of third parties
and/or infringe the regulation on intellectual and industrial property, or any other rules of the applicable legal
system.
-
Not transmitting, introducing, disseminating, and making available to third parties, any type of material and
information (data content, messages, drawings, sound and image files, photographs, software, etc.), through the
Application,
that are contrary to the law, morality, public order, and these conditions of use.
-
Not generating, sharing, or uploading content to the Application, if it is illegal, misleading, or discriminatory,
or if it violates the rights of another person.
-
Not using the Application to carry out illicit or criminal activities that violate the rights of third parties
and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations
-
Not introducing or uploading viruses or malicious codes, or to carry out activities to alter the correct
functioning of the Application.
-
Not collecting or using personal data (including the physical image) of other users without their express consent
or in contravention of the provisions of the General Data Protection Regulation
The infringement of any of the rules contained in this section shall entitle the Owner to immediately remove the user
from the Application, as well as to remove content generated by the user, which may infringe the rights of third
parties,
be inappropriate or contrary to the law.
Viax Technologies Europe, S.L.
6. LIABILITY LIMITATIONS.
The Owner does not guarantee that, during the use of the Application, no failures or errors may occur that may hinder
the use of the service, generate imperfections, problems, or delays in the system.
If the Owner has acted with the appropriate and necessary diligence, he/she will not assume any liability for:
losses not caused by the Owner\'s infringement of the provisions of these conditions; losses not reasonably
foreseeable by any of the parties; contents disseminated or published by other users, infringing third parties\'
rights, or when dealing with illegal, violent, offensive, or inappropriate content.
7. PROTECTION OF PERSONAL DATA.
In accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016
concerning
the protection of individuals with regard to the processing of personal data and on the free movement of such data
(General Data Protection Regulation - GDPR), any information or personal data provided by the User through this
Application will be treated in accordance with the provisions of our Privacy Policy.
8. MODIFICATIONS.
The Owner reserves the right to carry out, without prior notice, the modifications it deems appropriate for
the correct operation of the Application. The Owner can change, delete, or add the contents and services
provided through the Application, and the way in which they are presented or located.
The Owner will try, as far as possible, to keep the information contained in this Application updated and free of
faults,
however, the access and use of the information is the exclusive responsibility of the User.
9. LEGAL ACTIONS.
In case of breach by the User of the terms included in the present conditions of use, the Owner shall be entitled to
initiate the legal actions that, according to the legislation in force, may be appropriate, as well as to request
the pertinent indemnifications from the User.
The Owner will prosecute any improper use of the Application or its contents as well as infringements of the rights
that
correspond to him or his licensors, especially in relation to intellectual and industrial property rights.
