1. IDENTIFICATION DATA
1.1. Itconic is an entity whose registered office is located in Avd. Valgrande nº6. Alcobendas 28108 Madrid and whose CIF is A41696097. The contact telephone number is 902 043 229, and the fax number is 917 14 70 05. The contact email address is as follows: firstname.lastname@example.org. This entity is registered in the Mercantile Registry of Madrid, volume 28,215, folio 76, section 8, sheet M-508186, inscription 2.
1.2. Furthermore, the domain name, owned by Itconic, is www.itconic.com.
2 . PURPOSE AND SCOPE OF APPLICATION
2.1. Hereby are the general conditions (hereinafter “General Conditions”) governing the access, navigation and use of the website under the domain “www.itconic.com” (hereinafter “Website”), as well as the responsibilities derived therefrom of the use of its contents (hereinafter referred to as “Contents”, texts, documents, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property). Regardless of the same, Itconic may establish specific conditions that regulate the use and / or contracting of specific services offered to users through the Website.
2.2. It will be understood that the access or mere use of the Website by the user implies the adherence of the user to the General Conditions published by Itconic at each moment that the Website is accessed, and that will be available to the users. Consequently, the user is obliged to read these General Conditions with care. In this respect, “User” shall be understood as the person who accesses, browses, uses or participates in the services and activities, both free and subject to payment, available on the Website.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. Itconic, as the author of a collective work, or any work or services of any nature, is the owner of the intellectual and industrial property rights of the Website, and also owns or has a corresponding licence on intellectual, industrial and image rights on the Contents available therein.
3.2. In no case will it be understood that the access and navigation of the User implies a waiver, transmission, licence or total or partial transfer of said rights by Itconic.
3.3. Consequently, it is not permitted to suppress, circumvent or manipulate the copyright notice and any other identifying information of the rights of Itconic, as well as technical protection devices, digital fingerprints or any mechanism of information and / or identification that may be included in the Contents.
3.4. It is also prohibited to modify, copy, reuse, exploit, reproduce, communicate publicly, make second or subsequent publications, upload or download files, send by mail, transmit, use, manipulate or distribute in any way all or part of the Contents included in the Website without the express written permission of Itconic.
3.5. In particular, Itconic expressly opposes that the reproduction of its pages can be considered a citation in the terms provided in article 32, section one, first and second paragraphs of the Spanish Intellectual Property Law. In case there is an interest for an authorisation or licence to use the contents of the Website in any way, the interested party should contact email@example.com.
3.6. Any unauthorised commercial use of the same, or resale, is prohibited, unless there is prior written authorisation from Itconic.
3.7. The Website has been developed with the following technology: WordPress.
4. RELATIONSHIP WITH USERS AND PRIVACY
4.1. If the User should proceed to register for the use of a service on the Website, the User shall be responsible for providing truthful and lawful information. If, as a result of said registration, the User is provided with a password to access the services of the Website, he/she agrees to use the password diligently, and to keep it secret. Consequently, Users are responsible for protecting and keeping confidential any identifiers and/or passwords they may be provided with by Itconic, and agree not to transmit their use to third parties, whether temporarily or permanently, nor allow them to be accessed by unauthorised persons. The User shall be responsible for the illicit use of the services by any illegitimate third party using for said purposes a password as a result of non-diligent use or loss thereof by the User
4.2. Pursuant to the above, the User is obliged to notify Itconic immediately about any issue that allows the abuse of identifiers and / or passwords, such as theft, loss, or unauthorised access to them, in order to proceed to their immediate cancellation. If such issues are not reported, Itconic shall not be held responsible for any event that may arise as a consequence of the misuse of identifiers or passwords by unauthorised third parties.
4.3. Therefore, the User undertakes to use the Contents diligently, correctly and lawfully, and in particular, undertakes to refrain from: i. Using the contents for purposes or effects contrary to law, to morality and to generally accepted good customs or public order; ii. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorised by the holder of the corresponding rights or is legally permitted to do so; iii. Using the Contents and, in particular, the information of any kind obtained through the page or of the services to send publicity, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages directed to a plurality of persons regardless of their purpose, as well as to refrain from marketing or otherwise disclosing such information.
4.4. Itconic reserves the right to carry out the immediate termination of the Registered User if it considers, at its sole discretion, that the Registered User is performing any activity that constitutes, or may constitute, a breach of these General Conditions.
4.5. While browsing the Website, Cookies may be downloaded to the User’s device. These Cookies store information about the navigation that is made from said device. For more information on the types of cookies, the following guide of the Spanish Agency for Data Protection may be consulted. www.agpd.es
4.6. Rights of cancellation of commercial communication may be exercised under Article 21 of Law 34/2002, 2-21 of Law 9/2014, and 21 of Law 32/2003.
5. RESPONSIBILITIES AND WARRANTIES
5.1. Itconic does not guarantee the legality, reliability, usefulness, truthfulness or accuracy of the services or of the information disclosed through the Website.
5.2. Consequently, Itconic neither guarantees nor is responsible for: (i) the functioning of the Website; (ii) the continuity of the Contents of the Website; (ii) the absence of errors in said Contents or the correction of any defects that may occur; (iii) the absence of viruses and / or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and / or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the Contents of the Website; (vi) damages which may be caused to themselves or a third party by any person who violates the conditions, rules and instructions that Itconic establishes on the Website or through breach of the security systems of the Website.
5.3. However, Itconic declares that it has taken diligently the humanly reasonable measures, within its own possibilities and the state of technology, to guarantee the functionality of the Website and to prevent the existence and transmission to the Users of viruses and other harmful components.
6. DURATION AND MODIFICATION
6.1. Itconic may modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same manner that these general conditions appear, or by any other means it deems appropriate.
6.2. The temporary validity of these General Conditions therefore coincides with the time of their presentation, until they are totally or partially modified, at which time the modified general conditions will become effective.
6.3. Irrespective of the provisions in the specific terms and conditions, Itconic shall be able to consider the access to the page content closed, suspended or interrupted, at any time without any need to provide prior warning, and the User shall have no possibility of demanding any compensation whatsoever. Upon such termination, the prohibitions of use of the Contents as set out above in the General Conditions will remain in force.
7. GENERAL INFORMATION
7.1. The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of the General Conditions.
7.2. In case of discrepancy between the provisions set out in these General Conditions and the particular conditions of each specific service, the provisions in the latter will prevail.
7.3. In the event that any provision or provisions of these General Conditions are deemed void or unenforceable, wholly or in part, by any Court, Tribunal or competent administrative body, said annulment or inapplicability shall not affect the other provisions of the General Conditions nor the particular conditions of the different services of Itconic.
7.4. The non or partial execution by Itconic of any right or provision contained in these General Conditions shall not constitute a waiver thereof, unless acknowledged and agreed in writing by them.
8.1.The relationship established between Itconic and the User shall be governed by the provisions in the current regulations regarding the applicable legislation and the competent jurisdiction. However for cases in which the regulations provide for the possibility of the parties submitting to a legal jurisdiction, Itconic and the User expressly waive any other jurisdiction that might correspond to them and submit to the courts and tribunals of the city of Madrid.