These conditions of use (hereinafter, the "Conditions of Use"), regulate the access and use of the website www.dataguardian.eu/manager (hereinafter, the "Website") and the provision of services offered through it.
In compliance with the provisions of Law 34/2002, of 11 July, on information society services and electronic commerce, we inform you that the Website is owned by:
The free 'Demos' and/or 'Trials' that Dataguardian Manager makes available to its Users through the Website, allow potential customers to access and test the Dataguardian Manager platform (hereinafter referred to as the "Platform").
In order to participate in these promotions, Users may register by reserving a date and time using the form provided for this purpose. Both promotional programmes are limited to one licence per user. This licence allows a single, individual and non-transferable access for the user to test the Software.
Dataguardian Manager may apply such restrictions as it deems appropriate and may refuse registration for promotions at its discretion.
Dataguardian Manager may suspend or cease such promotions, or a User's ability to participate in such promotions at any time and for any reason, for example, if Dataguardian Manager detects any activity which it considers to be abusive or fraudulent.
In this regard, Dataguardian Manager shall not be liable for any damages by reason of use or inability to use the service or its contents, including any direct or indirect, causal or otherwise.
Unless otherwise provided for in this clause, all industrial and intellectual property rights, as well as all the information contained on the Website and/or, where applicable, the Platform (images, brands, graphic designs, source code, design, navigation structure, databases and any content appearing therein) are owned by Dataguardian Manager or, where applicable, are duly licensed by the owner, without it being understood that access to or use of the Website and/or, where applicable, the Platform attributes any rights over them to the User.
The Dataguardian Manager names and signs that appear on the Website and/or, where applicable, the Platform are the property of Dataguardian Manager and are duly registered or in the process of being registered.
The names and signs of other products, services and companies that appear on the Website may be trademarks or other distinctive signs owned by their respective and legitimate owners, and are used solely for the purpose of designating products or services as corresponding to their respective owners or to refer to them, for the simple purpose of providing Users with comprehensible and complete information on the identification and destination of a product or service, without there being a commercial link between Dataguardian Manager and the owners of the same.
These Conditions of Use do not grant any industrial or intellectual property rights over the services offered on the Website and/or, where appropriate, the Platform, nor over any of its constituent elements (images, brands, graphic designs, source code, design, navigation structure, databases, and any other content appearing on the same), and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available to the public or making available to the public the information contained on the Website, or any other content appearing on the same, transformation, distribution, public communication, making available, extraction, reuse, resending or use of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or expressly authorised in writing by Dataguardian Manager and/or the holder of the corresponding rights.
The User is only authorised to view and obtain a temporary private copy of the contents for his/her exclusive personal and private use on his/her computer systems (software and hardware) without being able to subsequently transfer them to third parties. With the above exceptions, the User may not modify or reproduce this information, either in part or in full, without the express written consent of Dataguardian Manager. By way of example, but without limitation:
(i) The User is not authorised to use the information contained on the Website and/or, where applicable, the Platform for the purpose of developing activities of a commercial or professional nature (direct sales or for any other type of commercial purpose or to market the said information in any way whatsoever).
(ii) The User is not authorised to remove, evade or manipulate the copyright and other data identifying Dataguardian Manager's rights, or any other protection mechanisms.
(iii) The User is not authorised to disassemble, decompile or invert the databases in which the information on the Website and/or, where applicable, the Platform is stored.
All the information and contents of the Website and/or, where applicable, the Platform are protected by copyright. The unauthorised use of said information, its resale, as well as the infringement of Dataguardian Manager's industrial and intellectual property rights, will give rise to the legally established responsibilities.
Dataguardian Manager does not guarantee or assume any type of liability for damages suffered by accessing third party content through possible connections, links or links to sites linked from the Website and/or, where appropriate, the Platform. The function that, where appropriate, such links may have is exclusively to inform Users of the existence of other sources of information or other Internet content and services. Dataguardian Manager shall in no case be responsible for the results obtained through such links or for the consequences arising from Users' access to them. These third party contents are provided by third parties, so Dataguardian Manager cannot control the legality of such contents or the quality of the services offered therein.
In general, the user is obliged to comply with these Conditions, as well as to comply with the special warnings or instructions for use contained herein and to always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the Website and/or, where appropriate, the Platform in any way that may prevent, damage or deteriorate the normal operation of the same, the property or rights of Dataguardian Manager, its suppliers, other Users or, in general, any third party.
In particular, when the User accesses the Website and/or, where applicable, the Platform, he/she undertakes to strictly comply with the following obligations:
a) The User shall be fully responsible for the use made of the Website and/or, where appropriate, the Platform, exonerating Dataguardian Manager from any liability arising from any damage that may be caused by any correct or incorrect use of the same.
b) The fact that the User fills in the form to participate in any of the free promotional programmes does not imply Dataguardian Manager's automatic acceptance of the request.
c) The services offered on the Website are intended for end customers only. Any unauthorised commercial use or resale is expressly prohibited, unless expressly authorised by Dataguardian Manager.
d) During access and/or use of the Website and/or, where applicable, the Platform, the User undertakes and undertakes to:
a) To provide truthful data, information and/or documentation, as well as to keep them up to date. Dataguardian Manager reserves the right, without prejudice to other legal measures at its disposal, to withdraw, deny or suspend access to the Website and/or, where appropriate, the Platform in the event that the data provided are or may be false, inaccurate or misleading.
b) Not to introduce, store or disseminate on or from the Website and/or, where appropriate, the Platform, any information or material that is defamatory, libellous, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, current legislation.
c) Not to introduce, store or disseminate via the Website and/or, where appropriate, the Platform, any programme, data, virus, code or any other electronic or physical device that may cause damage to the Website and/or, where appropriate, the Platform, to the service, or to any of the equipment, systems or networks of Dataguardian Manager, any other User, Dataguardian Manager's suppliers or, in general, any third party.
d) Not to carry out advertising or commercial exploitation activities through the Website and/or, where appropriate, the Platform, and not to use the contents and information therein to send advertising, or to send messages for any other commercial purpose, or to collect or store personal data of third parties.
e) Not to use false identities, or impersonate the identity of others in the use of the Web and/or, where appropriate, the Platform, including the use of passwords or access codes of third parties or in any other way;
f) Not to destroy, alter, render useless or damage the data, information, programmes or electronic documents of Dataguardian Manager, its suppliers or third parties;
g) Not to introduce, store or disseminate through the Website and/or, where appropriate, the Platform, any content that infringes industrial and/or intellectual property rights or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties; and
h) Not to damage the image, interests and/or rights of Dataguardian Manager and/or third parties.
Dataguardian Manager undertakes to make available to the user, the necessary information concerning the products it offers and the present updated Conditions.
The contents and services may evolve and Dataguardian Manager reserves the right to change the brand, logo, domain name (URL), presentation and any other elements it deems appropriate in relation to its products. The User accepts that access to and use of the Website and/or, where applicable, the Platform, is as it exists at all times. Dataguardian Manager will not accept any claim for the contents, services, updates, connections and/or changes in general that affect its services.
Dataguardian Manager requires its suppliers to comply with European regulations. In this regard, Dataguardian Manager shall not be liable for any personal and/or material damage arising from the use of the Website and/or, where applicable, the Platform. Likewise, Dataguardian Manager shall not be liable for any personal or material damage resulting from the improper use of the Website and/or, where appropriate, the Platform.
Dataguardian Manager may contract or collaborate with subcontractors or third parties to carry out the provision of the services offered on the Website and/or, where appropriate, the Platform.
The User assumes all liability arising from the use of the Website and/or, where appropriate, the Platform, being solely responsible for any direct or indirect effect arising from such use, including, but not limited to, any adverse economic, technical and/or legal result, as well as the disappointment of the expectations generated by this Website and/or, where appropriate, the Platform, and the User undertakes to hold Dataguardian Manager harmless for any claims from third parties arising, directly or indirectly, from such events.
Dataguardian Manager shall not be liable for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in users' computer equipment and devices, caused by reasons beyond Dataguardian Manager's control that prevent or delay access to or browsing of the Website and/or, where applicable, the Platform, nor shall Dataguardian Manager be liable for any damages that may arise from the use of the Website and/or, where applicable, the Platform, where applicable, the Platform, or delays or blockages in use caused by deficiencies or overloading of the Internet or other electronic systems, or the impossibility of providing services or allowing the User to access the Website and/or, where applicable, the Platform for reasons not attributable to Dataguardian Manager, due to the User, third parties, or force majeure.
Nevertheless, Dataguardian Manager declares that it has adopted and will adopt all necessary measures within its possibilities and the state of technology to guarantee the correct functioning of this Website and/or, where appropriate, the Platform, and to avoid the existence and transmission of viruses and other harmful components to Users.
Dataguardian Manager reserves the right to interrupt access to the Website and/or, where appropriate, the Platform, as well as the provision of the services offered through the same, at any time and without prior notice, whether for technical, security, control or maintenance reasons, due to power failures or for any other reason.
Dataguardian Manager does not control, in general, the use that Users make of the Website and/or, where applicable, the Platform. In particular, Dataguardian Manager does not guarantee under any circumstances that Users use the Website and/or, where applicable, the Platform in accordance with the law, these Conditions, generally accepted morals and good customs and public order, nor that they do so in a diligent and prudent manner. Consequently, Dataguardian Manager is not responsible for the use that the User makes of the content of the Website or its passwords that may involve a violation of any type of national or international regulation, industrial and intellectual property rights or any other rights of third parties.
Applicable regulations require that some of the information and/or communications sent to Users be in writing. By using the Website and/or, where applicable, the Platform, the User agrees that communications with Dataguardian Manager will be electronic. Dataguardian Manager will contact Users by email or provide information by posting notices on the Website and/or, where appropriate, the Platform. The User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent by Dataguardian Manager electronically comply with the legal requirement to be in writing.
Users should send communications and/or notifications to Dataguardian Manager preferably through the various means of contact indicated in the "Contact" section of the Website.
Any clause or provision of these Conditions which is invalid, void or illegal shall not affect, prejudice or invalidate, provided that it is not essential to the fulfilment of the purpose of these Conditions, any other Conditions or provisions contained herein, which shall remain in full force and effect.
The validity, execution and interpretation of these Conditions of Use, as well as the provision of services through the Website and/or, where appropriate, the Platform shall be governed in all respects by Spanish civil and commercial law.
Dataguardian Manager and the User undertake to attempt to amicably resolve any disagreement that may arise in the development of the contractual relationship, prior to going to the competent jurisdiction. In this regard, and with the aim of attempting to resolve any dispute that may arise amicably, the User undertakes to contact Dataguardian Manager's customer service department by the following means: Reclamadatos, S.L., Ronda General Mitre, 126, 6th floor, 08021 Barcelona or via the form in the "Contact" section of the Website, before submitting a complaint to any administrative or judicial authority.
In the event of any conflict, dispute, discrepancy, question or claim arising from the execution, interpretation and/or application of these Conditions of Use and/or use of the Platform that has not been resolved amicably between the parties, it shall be definitively resolved in the Courts and Tribunals of the city of Barcelona.