ISPD | Terms of use

These conditions of use (hereinafter, the “Use Conditions”) regulate the use of the Web (hereinafter ISPD Network) the responsibility for which is ISPD Network, S.A., domiciled in Calle de Apolonio Morales 13C, 28036 Madrid, with C.I.F. nº A81872095 and electronic mail privacy@ispd.com.

The use of the Site makes one a user and expresses the full conformity without reservations of the user to each and every one of the Conditions of Use and /or particular conditions with regard to the version published at the time of access by the User. For that reason, it is highly recommended that the User carefully read the contents of the current Conditions of Use every time the Site is to be used. In the event of contradiction between the Conditions of Use and the particular conditions which, if the case, are established, that set forth in the latter shall prevail.

2. OBJECT

Through the ISPD Network, the ISPD Network, S.A. provides the Users with the access and use of the various services and/or contents made available by the ISPD Network, S.A. or by third party users of ISPD Network and/or third party suppliers of services and contents (hereinafter, the “Services”)

The ISPD Network, S.A. reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of ISPD Network, S.A. as well as reserving the right to modify or eliminate at any time and without prior consent, the services and the conditions required to access and/or use SERVICE_NAME }} and the Services.

3. CONDITIONS OF ACCESS AND USE OF ISPD Network

3.1. The gratuitous or costly nature of access and use of the Site.

The rendering of the service of ISPD Network on the part of ISPD Network, S.A. is gratuitous for the users. Nevertheless, at times it shall require Registration with ISPD Network and/or the payment of a certain price or amount for the use of the Service provided through or by means of ISPD Network.

3.2. Obligation to correctly use the ISPD Network and Services.

The User undertakes to use ISPD Network and Services in conformity with the Law, with that set forth in these Conditions of Use, good customs, law enforcement and generally-accepted uses and undertakes to abstain from using the ISPD Network and the Services for illegal purposes or effects, contrary to that established in the Conditions of Use and detrimental to the rights and interests and the image of third parties or that which in any manner may damage, disable, overload or deteriorate ISPD Network and the Services or impede the normal use or enjoyment of ISPD Network and the Services by the Users.

3.3. Correct Use of the Contents by the User

The User shall abstain from obtaining and attempting to obtain information, messages, designs, drawings, sound and/or image files, photographs, recordings, software and in general any type of materials accessible throughISPD Network or Services (hereinafter, the «Contents»), thereby using the various means or procedures which, according to the cases, have been made available for this purpose or that have been designated for this purpose on the web pages where the Contents are found or in general from those that are normally used on the Internet for this purpose, provided that it does not entail a risk of damage or disablement of ISPD Network, the Services and/or Contents.

The User undertakes to use the Contents diligently, correctly and legally and in particular they undertake to abstain from:

(a) Using the Contents of form for purposes or effects contrary to the law, good customs and generally accepted uses or law enforcement;

(b) Reproducing or copying, distributing, permitting access by the public through any form of public communication, transforming or modifying Contents unless relying on the authorization of the holder of the corresponding rights or being legally permitted;

(c) Eliminating, circumventing or manipulating the rights of the intellectual or industrial property of ISPD Network, S.A., as well as any trademark holder as well as the remaining identifying data or rights of ISPD Network, S.A. or any of its holders that appear in the Contents as well as the technical protection devices, digital footprints or any information mechanisms that could contain Contents.

(d) Using the Contents and in particular, the information of any type obtained through ISPD Network or the Services for sending publicity, correspondence for the purposes of direct sales or any other type of commercial purpose, unsolicited messages addressed to a multitude of persons regardless of their purpose as well as abstaining from marketing or revealing said information in any manner;

(e) And in particular, performing any act contrary to the rules that regulate the protection of personal data, the market and consumers or Intellectual and/or Industrial Property.

The breach by the User of any of these obligations shall involve the appropriate legal action(s).

3.4. Use of the password: duty of custody.

In the event of proceeding to registration in the areas in which ISPD Network requires identification by user name and password, the User undertakes to make diligent use and keep the password(s) and name of the user(s)/assignee(s) confidential, if the case, in order to access the ISPD Network and/or Services.

The User shall be responsible for the expenses and the damages caused by the use of the Services by any third party who uses for such purposes their password(s) and name(s) of the user(s) due to a non-diligent use or the loss thereof by the User.

3.5. Obligation to observe instructions

The User undertakes to observe diligently and faithfully any instructions given by ISPD Network, S.A. or by personnel authorized by ISPD Network, S.A. related to the use of ISPD Network and the Services.

For these purposes, ISPD Network, S.A. or the personnel authorized by ISPD Network, S.A. shall be addressed to the Users through the specific names identified necessarily with «ISPD Network, S.A.”.

3.6. Incorporation of contents

The User undertakes to make use of those Services that due to their nature, permit Users to introduce Contents in ISPD Network and make them accessible to other Users, as for example and among others, the services of comments, chats, forums, electronic mail, sharing interests and products, personal pages etc. (hereinafter and together the “Open Forums), which are in conformity with the law, these Conditions of Use, morality and generally-accepted good customs and law enforcement.

Expressly prohibited are contents that are illegal, rude, hurtful, xenophobic, pornographic, discriminatory, and encourage any type of violence or discrimination due to ideology, race, religion or sex.

The User undertakes to not transmit, disseminate or provide third parties with Contents which:

(a)in any manner contravene, disparage or impinge on the fundamental rights or constitutionally-recognized public freedoms in international treaties and in the remaining legal system;

(b) induce, incite or promote actions, which are criminal, degrading, defamatory, inciteful, violent or in general against the law, morality and general-accepted good customs or law enforcement;

(c) create, encourage, promote or provide instructions to carry out an illegal activity or crime that gives rise to civil liability which infringes on the rights of any third party in any country in the world or that in any manner creates liability or any infringement of local, state, national or international law.

(d) ] induce, incite or promote actions, attitudes of discriminatory ideas due to sex, race, religion, beliefs, age or condition;

(e) incorporate, provide or permit access to products, elements, messages and/or criminal violent, pornographic, degrading services or in general those against the law, morality and generally-accepted good customs or law enforcement.

(f) induce or can induce an unacceptable state of anxiety or fear;

(g) introduce or encourage involvement in dangerous, risky or harmful practices for health and psychic equilibrium.

(h) are false, ambiguous, incorrect, exaggerated or unseasonable in a manner that may induce an error regarding their object or the intentions or proposals of the Communicator.

(i) are protected by any intellectual property or industrial rights of third parties without the User having previously obtained from their owners the necessary authorization in order to carry out the use that it makes or seeks to perform and that was performed.

(j) infringe on the company secrets of third parties;

(k) are contrary to the right of honor, personal and family privacy or the image of people themselves;

(l) violate the regulation regarding the secrecy of communications;

(m) constitute illegal, misleading or disloyal advertising and in general that constitutes unfair competition;

(n) include viruses or other physical or electronic elements that may damage or hamper the normal operations of the network, system or computer equipment (hardware and software) of third parties or that may damage the electronic documents and files stored on said computer equipment.

(o) are mass mailings or spam, junk mail or comprise chains of message or pyramidal systems;

(p) supplant the identity of another person or entity or misrepresent in any other manner their affiliation with said person or entity;

(q) is private information of third parties;

(r) includes restricted pages or hidden images;

(s) includes own personal data or that of third parties which are not those that are requested in order to be able to manage, include or publish comments or contents.

Nevertheless, ISPD Network, S.A. reserves the right to review at any time and without notice on its own initiative or upon the request of a third party, the Contents transmitted, disseminated or provided to third parties by the Users and to hinder its transfer, disseminating or availability to third parties in the event that, in their judgement, they are contrary to that set forth in these Conditions of Use. The User expressly consents to permitting this supervision on the part of ISPD Network, S.A..

3.7.- Links and Hyperlinks

The Users and in general those persons who seek to establish a hyperlink between their web page and any of the web pages of ISPD Network or the Services (hereinafter, the Hyperlink) shall fulfil the following conditions:

1. the Hyperlink shall only permit access to the web pages of ISPD Network and the Services, but shall not be able to reproduce them under any circumstances;

2. no deep-link or hyperlinks shall be established with the web pages of ISPD Network or the Services

3. they shall not make statements or false, inaccurate or incorrect instructions regarding the web pages of ISPD Network and the Services and in particular it shall not be stated nor insinuated that ISPD Network, S.A. has authorized the Hyperlink or that has supervised on assumed in any manner the contents or services provided or made available on the web page which establishes the Hyperlink;

4. exception for those symbols that comprise the link itself, the web page in which it is established does not contain any trademark, commercial name, sign of the establishment, denomination, logo, slogan or other distinctive signs belonging to ISPD Network, S.A.

5. the web page on which the link is established shall not contain information or illegal contents, contrary to the morality and generally-accepted good practices and law enforcement nor contain contents that infringe upon the rights or third parties or the regulation in effect.

6. the establishment of the link does not involve under any circumstances the existence of relations between ISPD Network, S.A. and the owner of the web page on which it is established nor the acceptance and approval on the part of ISPD Network, S.A. of its contents or services offered and made available to the public.

3.8. Civil Liability

The User shall be liable for all damages (present, demonstratable and presumed) of all types that ISPD Network, S.A.they may incur as a consequence of the breach of any of the obligations to which they are subject due to the Conditions of Use and set forth in the articles herein.

ISPD Network, S.A. reserves the right to file legal actions which may provide relief under the law.

Regardless of that established in the previous paragraph, in the case that ISPD Network, S.A. pays an administrative fine or indemnification of any type as a result of an administrative resolution or a decision or transaction agreement due to the breach of any of the commitments that the User assumes in the Conditions of Use, the User shall reimburse the ISPD Network, S.A. for the amount paid for such reason within a period of thirty(30) days calculated from the date of the appropriate written notice received from ISPD Network, S.A..

4. PERSONAL DATA

All the information regarding the processing of personal data is set forth in detail in the Privacy Policy published in the footer of each one of the pages of the Web Site.

5. COOKIES

All the information regarding the use that ISPD Network makes of the cookies is set forth in detail in the Cookie Policy published in the footer of each one of the pages of the web site.

6. EXCLUSIÓN DE GARANTÍAS Y DE RESPONSABILIDAD

6.1. Exclusion of guarantees and liability arising from the operation of ISPD Network and the Services.

(a) does not guarantee the availability and continuity of the operations of ISPD Network and the Service. Likewise, it excludes any liability for damages of any kind that may be due to the failure of availability and the continuity of the operations of ISPD Network and the services.

(b) Utility: ISPD Network, S.A. does not guarantee that ISPD Network and the Services are useful for the undertaking of any activity in particular.

(c) Reliability: ISPD Network, S.A. does not guarantee the reliability of ISPD Network nor Services and in particular, although not exclusively, that the Users may effectively access the various web pages that comprise the ISPD Network or the various Services or that through these the Contents may be transmitted, disseminated, stored or made available to third parties or receive, obtain or access the Contents.

(d) Quality: ISPD Network, S.A. does not previously control nor guarantee the absence of viruses in the Contents nor the absence of other elements in the Contents that may cause changes to their computer system (software and hardware) or in the electronic documents and files stored in the computer system.

(f) Exclusion of Liability: ISPD Network, S.A. Excludes any liability due to damages of any nature that may be due to the transmission, dissemination, storage, availability, reception, obtaining or accessing contents and in particular, although not exclusively, due to damages that may be due to (a) the infringement of the law, morality and generally-accepted good customs or law enforcement as a consequence of the transmission, dissemination, storage, availability, reception, obtaining or accessing contents;(b) the infringement of the rights of intellectual or industrial property, corporate secrecy, contractual commitments of any type, rights of honor, personal or family privacy and personal images, property rights and of all types belonging to a third party as a consequence of the transfer, dissemination, storing, availability, reception, obtaining or accessing contents; (c) the performance of acts of unfair competition and illegal advertising as a consequence of the transmission, dissemination, storage, availability, reception, obtaining or accessing contents;(d) the lack of truthfulness, accuracy, completeness, suitability and/or updating of contents; (e) the inadequacy for any type of proposal and the fraud of the expectation produced by the contents; (f) the breach, delay in fulfillment, defective fulfillment or termination for any cause of the obligations contracted by third parties and contracts undertaken with third parties through or by reason of access to the contents;(g) the vices and defects of any type of the contents transmitted, disseminated, stored, made available or in any other way transmitted or made available, received, obtained or which have been accessed throughISPD Network or the services.

6.2. Exclusion of guarantees and liability due to the services rendered by third parties through ISPD Network

ISPD Network, S.A. excludes any liability for damages of any type that may be due to the services rendered by third parties through ISPD Network, and in particular although not exclusively for the damage that may be due to (a) the breach of the law, morality and generally-accepted good customs or law enforcement as a consequence of the rendering of services by third parties through ISPD Network; (b) the infringement of the rights of intellectual and industrial property, corporate secrets, contractual commitments of any type, honor rights, personal and family privacy and personal images, property rights and of any other nature belonging to a third party as a consequence of the rendering of services by third parties through ISPD Network; (c) the performance of acts of unfair competition and illegal advertising as a consequence of the rendering of services by third parties through ISPD Network;

(d) the lack of truthfulness, accuracy, completeness, relevance and/or updates of the contents transmitted, disseminated, stored, received, obtained made available or accessible by means of the services rendered by third parties throughISPD Network; (e) the unsuitability for any type of proposal and the defrauding of the expectations produced by the services rendered by third parties through ISPD Network; (f) the breach, delay in performance, defective performance or termination for any reason of the obligations contracted by third parties and contracts performed by third parties in regard to or due to the rendering of services through ISPD Network; (g) the faults and defects of all types of the services rendered by third parties through ISPD Network.

6.3. Exclusion of guarantees and liability for the services and contents stored outside of ISPD Network

ISPD Network makes available to the Users, technical link devices (such as, among other, links, banners, buttons) directories and search engines that permit the Users to access web sites belonging to third parties (hereinafter, “Linked Sites”). The installation of these links, directories and search engines on ISPD Network is aimed solely at providing the Users with the search and access to information available on the Internet and does not give rise to the presumption that there exists any class of link or association between ISPD Network, S.A. and the operators of the Linked Sites.

ISPD Network, S.A. does not previously control, approve nor appropriate the services, information, data, files, products and any other type of material existing on the Linked Sites. The User, therefore, must exercise caution when evaluating and using the services, information, data, files, products and any other type of material existing on the Linked Sites.

ISPD Network, S.A. permanently excludes their liability for damages of any type that arise or may arise from the (a) operations, availability, accessibility of linked services; (b) the maintenance of information or any material existing on the linked sites, (c) the provision or transmission of linked services under the same terms and with the same scope set forth in the previous subsection of this same section.

6.4. Exclusion of guarantees and liability due to the use of ISPD Network and the Services and Contents by the Users

ISPD Network, S.A. does not control the access or the use that the User makes of the ISPD Network, Services and Contents. In particular, ISPD Network, S.A. does not guarantee that the Users use theISPD Network, Services and Contents in accordance with the law, these Conditions of Use and if the case, the Particular Conditions that are applicable, the morality and generally accepted good customs and law enforcement or that they do so diligently and prudently.

6.5. Identification and information related to the Users provided by the Users themselves

ISPD Network, S.A. does not control or provide any type of guarantee regarding the identify of Users or regarding the truthfulness, effectiveness, completeness and/or authenticity of the data that the Users provide regarding themselves and provide or make available to other Users.

ISPD Network, S.A. excludes any liability due to damages of any nature that may be due to the incorrect identity of the users and the lack of truthfulness, effectiveness, completeness and/or authenticity of the information that the users provide themselves and provide or make accessible to other users and in particular, although not exclusively, due to the damages of all types that may be due to the impersonation of the identity of a third party made by the user in any type of communication or transaction performed through the ISPD Network.

7. NO LICENSE

ISPD Network, S.A. authorizes the User to use the rights of intellectual and industrial property and the business secrets related to the Software installed on their computer equipment solely for using ISPD Network and services that are in conformity with that established in these Conditions of Use. ISPD Network, S.A. does not grant any others or authorizations of use of any type regarding the industrial and intellectual rights, business secrets or those of any other property or right related to ISPD Network, the Services or the Contents.

8. DENIAL AND REFUSAL OF ACCESS TO ISPD Network AND/OR THE SERVICES

ISPD Network, S.A. reserves the right to deny or remove the access to SERVICE_NAME }} and/or Services at any time and without the need for advance notice, by its own initiative or on the request of a third party, to those Users who violate these Conditions of Use or the Particular Conditions that are applicable.

9. PROCEDURE IN THE EVENT OF THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

In the event that any User or third party deems that any of the Contents introduced onISPD Network infringe on their intellectual property rights shall send a notice to { COMPANY_NAME }}, which contains the following points:

personal data: name, address, telephone number and electronic e-mail of the claimant;
authentic signature or the equivalent with the personal data of the holder of the rights of intellectual or industrial property supposedly infringed or that of the persona authorized in order to act on their behalf and on the account of the holder of the rights of intellectual or industrial property supposedly infringed; (c) exact and complete instructions of the protected Contents by means of the intellectual or industrial property rights allegedly infringed as well as their location on ISPD Network;(d) express and clear statement of the introduction of the Contents indicated has been made without the consent of the holder of the rights of intellectual or industrial property allegedly infringed (e) express and clear statement under the responsibility of the claimant that the information provided in the notice is exact and that the introduction of the contents constitutes an infringement of their rights of intellectual or industrial property.

These notices must be sent to the following address: C/ Apolonio Morales 13C, 28036 Madrid or to privacy@ispd.com.

10. DURATION, TERMINATION, RESCISSION

The provision of the service of ISPD Network and other Services have an indefinite duration. ISPD Network, S.A., nevertheless, is authorized to unilaterally terminate, suspend or interrupt at any time and without prior notice, the provision of the service of ISPD Network and/or of any of the Services regardless of what has been set forth in regard thereto in the corresponding Particular Conditions.

11. APPLICABLE LAW AND JURISDICTION

These Conditions of Use are to be governed by the law of the country of

ISPD Network, S.A. and the User with express waiver to any other forum submit to that of the Courts and Tribunals of the corporate domicile of ISPD Network, S.A. for any controversy that could arise from the rendering of the services object of these Conditions of Use. In the event that the User has a domicile outside of Spain, likewise, ISPD Network, S.A. and the User submit with express waiver of any other forum to the courts and tribunals of the city of Madrid (Spain).