GENERAL CONDITIONS OF USE
The following terms and conditions regulate the access and use of the www.dide.org website. and other sites owned and managed by the owner and provider of services of the information society (hereinafter all of them jointly referred to as “site” “website” or “sites”) VS INGENIERÍA DE SOFTWARE EMPRESARIAL S.L. (hereinafter VS GROUP) residing at Calle Profesor Beltran Baguena nº 5 floor 6 door 19, 46009 Valencia, Spain, with N.I.F B97706287, and registered in the Mercantile Registry of Valencia in Volume 8385 of the Companies Book 5675, Folio 121, Page V-111561.
Contact information: info@dide.app, phone +34 963 404 739.
The expression “sites, site or web site” includes, but is not limited to, the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs and others included therein, and, in general, all creations expressed by any means or support, tangible or intangible, regardless of whether or not they are susceptible to intellectual property according to the Revised Text of the Intellectual Property Law.
The access to the site implies that the visiting user acquires a series of rights and obligations, in order to guarantee the adequate enjoyment of the general services, particulars and contents that are in the site and that GRUPO VS makes available to the user.
The visiting user is aware that the access and use of the services and contents of the website is done under his sole and exclusive responsibility.
User status is acquired by accessing the website. The use by the user of any of the sites of GRUPO VS implies full acceptance of each and every one of the General Conditions contained herein.
PURPOSE OF THE WEBSITE
Through access to the website, the user can enjoy the use of various content and services that will be offered by GRUPO VS or other third party providers under the conditions to be determined in each case.
In general, the services and contents offered through the site will be available in Spanish, without prejudice to the possibility -at the reserve of GRUPO VS- of offering them in the rest of the official languages of the autonomous communities, as well as in another language of wide dissemination.
GRUPO VS may modify unilaterally and without prior notice, the provision, configuration, content and services of the site, as well as its conditions of use and access to the content offered and services provided. In each case, GRUPO VS, when appropriate, will warn of such changes in the corresponding general or particular conditions of use, as well as in other texts or notices on the website.
The cost of telephone access or other charges for connection to access the website shall be borne solely by the user.
USER RIGHTS AND OBLIGATIONS
The user will be able to:
– Access free of charge and without the need for prior authorization to the contents and services of the site available as such, without prejudice to the technical conditions, particular conditions or the need for prior registration with respect to specific services and contents as determined in these general conditions or in the particular conditions of such services.
– Use the services and contents available for your private use only.
– The user may download a single copy of the website for off-line viewing for personal, non-commercial purposes.
– Make a correct and lawful use of the site, in accordance with current legislation, morality, good customs and public order.
In no case may the user:
– Access or use the services and contents of the site for the commission of illegal actions or contrary to current legislation, morality, good customs and public order, for purposes detrimental to the rights and freedoms of others, or that may harm, damage or impede in any way, access to them, to the detriment of VS GROUP or third parties.
– To use the services, totally or partially, to promote, sell, hire, divulge publicity or own information or of third persons without previous authorization and in writing of GRUPO VS.
– To introduce information in the site or to use the existing services in the same one with the purpose of attacking -directly or indirectly- against the rights -and especially the fundamental rights and public liberties- of other users of the site or of the VS GROUP; that incite or promote the accomplishment of criminal, xenophobic, terrorist or degrading acts by reason of age, sex, religion or beliefs; or of pornographic, obscene, violent character or that attempt against the law, the moral or the good customs. For these purposes, information shall be understood as including, but not limited to: text, graphics, images, images, videos, sounds, drawings, photographs, data, notes, and others.
– Include hyperlinks on your private or commercial web pages to the site that are not limited solely and exclusively to accessing the home page of the site.
– Use the services and content offered through the site in a manner contrary to the general conditions of use and/or the particular conditions governing the use of a particular service and/or content, and to the detriment or detriment of the rights of other users.
– Perform any action that prevents or hinders access to the site by users, as well as hyperlinks to services and content offered by VS GROUP or other third parties through the same.
– Use any type of computer virus, code, software, computer program, computer or telecommunications equipment, which may cause damage or unauthorized alterations to the contents, programs or systems accessible through the services and content provided on the site or in the information systems, files and computer equipment of the users thereof; or unauthorized access to any content and / or services of the site.
– Eliminate or modify in any way the protection or identification devices of GRUPO VS or its legitimate owners that may contain the contents hosted on the site, or the symbols that GRUPO VS or the legitimate third party owners of the rights incorporated to their creations object of intellectual or industrial property existing in the same.
– To include in web sites of its responsibility or property “metatags” corresponding to brands, commercial names or distinctive signs property of GRUPO VS.
– Reproduce all or part of the site on a different website; you may not make framing to these or the websites accessible through the same that hide or modify -with delimitative but not limited to- content, advertising space and trademarks of VS GROUP or third parties, regardless of whether or not they involve acts of unfair competition or confusion.
– Create frames within a website of your responsibility or property that reproduce the home page and / or pages accessible through it, corresponding to the site without the prior authorization of GRUPO VS.
– Include in a website of your responsibility or property a hyperlink that generates a window or session of the navigation software used by a user of your website, in which trademarks, trade names or distinctive signs of your property are included and through which the main web page or accessible pages of the site are displayed.
– Use the trademark, commercial names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorization of its owner.
– Perform any action involving the reproduction, distribution, copying, rental, public communication, transformation or any other similar action involving the modification or alteration of all or part of the contents and services of the site or the economic exploitation thereof, without the prior written authorization of GRUPO VS or the third party owner of the intellectual and industrial property rights that apply to the services or contents of the site and except as provided in these general conditions or, where appropriate, special conditions governing the use of a service and / or existing content on the site.
GROUP RIGHTS AND OBLIGATIONS VS.
GRUPO VS reserves the following rights:
– Modify the conditions of access to the site, technical or otherwise, unilaterally and without notice to users, without prejudice to the provisions of the special conditions governing the use of a particular service and / or content intended for users of the site.
– Establish particular conditions and, if applicable, the demand of a price or other requirements for access to certain services and/or contents.
– Limit, exclude or condition the access of the users when not all the guarantees of correct use of the site by them are given in accordance with the obligations and prohibitions assumed by them.
– Terminate the provision of a service or supply of content, without the right to compensation, when its use by users becomes unlawful or contrary to the provisions of the conditions that regulate it, without prejudice to the provisions of the specific conditions governing the use of a particular service and / or content intended for users of the site.
– Modify, delete or update all or part of the content or services offered through the site, without prior notice, without prejudice to the provisions of the specific conditions governing the use of a particular service and/or content intended for users of the site.
– Undertake any legal or judicial action that is appropriate for the protection of the rights of GRUPO VS and third parties who provide their services or content through the site, whenever appropriate.
– Demand the compensation that could derive from the undue or illicit use of all or part of the services and contents provided through the site.
USE OF COOKIES
To ensure that the website is being well managed and to facilitate better navigation within the website, both the VS GROUP and the web service provider(s) may be using “cookies” (short text files stored in the user’s browser) or “web beacons” (electronic images that allow the website to count the number of visitors and users that have entered a particular website and access certain cookies) to store and aggregate information. GRUPO VS will be able to use these tools.
When the user joins or registers in the particular services of the web, as well as when he makes a personalized navigation previous communication to GRUPO VS of his personal data, the cookies and the use of devices of storage and recovery of data in terminal equipment of the addressees or applicants of the service will be necessary to carry out the transmission of the electronic communications or, for the provision of a service of the society of the information expressly requested by the user and addressee of the devices of storage and recovery of data in his terminal equipment.
For more information about our policy on cookies and data storage and retrieval devices on users’ terminal equipment, the user can consult our Cookies Policy.
GROUP DISCLAIMER AND LIMITATION OF LIABILITY VS.
GRUPO VS is exempt from any liability for damages of any kind in the following cases:
– Due to the impossibility or difficulty of connection to the communications network through which the site is accessible, regardless of the type of connection used by the user.
– For the interruption, suspension or cancellation of access to the site, as well as for the availability and continuity of the functioning of the site or of the services and/or contents therein, when this is due to (i) or service interruption due to technical maintenance, (ii) or to a cause outside the scope of control of the VS GROUP, whether it comes directly or indirectly from the VS GROUP.
– GRUPO VS assumes no responsibility for the services and contents, nor for the availability and conditions, technical or otherwise, of access to them, which are offered by third party service providers, especially with respect to service providers of the information society. Information society service providers shall be understood as those individuals or legal entities that provide the following services to the public: (i) transmission over a communication network of data provided by the recipient of the service (ii) access services to the aforementioned network (iii) Data storage or hosting services (iv) provision of content or information (v) temporary copying service of data requested by users (vi) providing links to content or search tools.
– GRUPO VS, at no time, assumes responsibility for the damages that could be caused by the information, contents, products and services -with delimitative but not limiting character- provided, communicated, hosted, transmitted, exhibited or offered by third parties alien to GRUPO VS -including the service providers of the information society- through a website that can be accessed through an existing link in the site.
– The processing and subsequent use of personal data by third parties outside the VS GROUP, as well as the relevance of the information requested by them.
– The quality and speed of access to the site and the technical conditions that the user must meet in order to access the site and its services and/or contents.
– GRUPO VS, will not be responsible for any delays or failures that may occur in the access and/or operation of the services and/or contents of the site, due to a case of Force Majeure. “Force majeure” shall mean all those causes which could not have been foreseen, or which even if foreseen were unavoidable, and which result in the non-performance of any of its obligations. These include, but are not limited to, strikes, whether of its own workers or of workers of others, insurrections or revolts, as well as regulations issued by any civil or military authority, natural catastrophes such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of force majeure.
– The user of the site will be personally liable for damages of any nature caused to GRUPO VS directly or indirectly, for breach of any of the obligations under these general conditions or other rules governing the use of the site.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The user is aware that the contents and services offered through the site -including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, exhibitions and html code of the same, without this enumeration having a limiting character- are protected by the laws of intellectual and industrial property. The copyright and economic exploitation rights of the site belong to GRUPO VS and/or third parties.
The trademarks, trade names or logos displayed on the website are owned by GRUPO VS or, where appropriate, by third parties, and are protected by applicable industrial property laws.
The provision of services and publication of content through the site does not imply in any case the assignment, waiver or transfer, in whole or in part, the ownership of the corresponding intellectual and industrial property rights by GRUPO VS and / or their legitimate third party owners.
Under no circumstances may the user make a use or use of the services and contents existing on the website that is not exclusively personal, except for the exceptions determined in these general conditions of use or in the particular conditions that GRUPO VS may establish to regulate the use of a particular service and/or content offered through the site.
No part of the site may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any information storage and retrieval system) through any medium now known or to be invented in the future, without the consent of GRUPO VS. The use, under any modality, of all or part of the content of the site is subject to the need to request prior authorization from GRUPO VS and/or legitimate third party owners and the acceptance of the corresponding license, if applicable, except for the provisions regarding the rights recognized and granted to the user in these general conditions or what is determined in the particular conditions that GRUPO VS may establish to regulate the use of a particular service and/or content offered through the site.
If the action or omission guilty or negligent directly or indirectly attributable to the user of the website that originates the infringement of the intellectual and industrial property rights of GRUPO VS or third parties -whether or not there is benefit for the same- originates to GRUPO VS damages, losses, joint and several obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, action, lawsuit or procedure, whether civil, criminal or administrative, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, whether civil, criminal or administrative, GRUPO VS will have the right to address against the user by all legal means at its disposal and claim any compensatory amounts, including, but not limited to, moral damages and image, consequential damages and loss of profits, advertising costs or any other kind that may result for repair, amounts of penalties or convictions, interest on arrears, the cost of financing all amounts in which it could be damaged GRUPO VS, the legal costs and the amount of the defense in any process in which GRUPO VS could be sued for the causes previously exposed, for the damages caused by reason of its actions or omissions, without prejudice to exercise any other actions that in law corresponds to it.
HYPER LINKS
The use of hyperlinks to the website will only be authorized by GRUPO VS provided that the hyperlink is made in the following terms provided in these conditions:
– The link should only allow access to the home page of the site.
– In order to avoid user confusion, it is forbidden to load any page belonging to the site in one of the sections of another web page divided into frames, in such a way as to cause a distortion in the presentation of the site, inducing confusion among Internet users (“framing”).
– The authorization to insert a link does not presuppose, in any case, a consent to reproduce the visual and functional aspects (“look and feel”) of the site.
– Likewise, the creation of an environment or navigation bar on the pages that make up this site, without prior authorization, is explicitly prohibited.
– Aspect of the link: the hyperlink may only consist of text. For the use of graphics or logos, a license for the use of the graphics or logos of GRUPO VS must be obtained beforehand. In any case, the text must clearly state that it links to the site. In general, the appearance, the visual effect, the location and, in general, the characteristics of the hyperlink must show that it leads to the site of GRUPO VS and that it is independent and is not linked by a relationship of collaboration, association, sponsorship, labor or any other type, to the web page that contains the hyperlink.
– Any web page that contains a hyperlink to the site of GRUPO VS, must inevitably respect these General Conditions of Use, be characterized by being fair and lawful hyperlinks and comply with any applicable legal provisions and the requirements of morality and generally accepted good customs.
– In particular, authorization for the insertion of hyperlinks to the site shall be conditional on respect for human dignity and freedom. The site in which the hyperlink is established shall not contain information or contents that are illicit, contrary to morality and good customs and public order, nor shall it contain contents contrary to any third party rights.
– Finally, it is forbidden to insert hyperlinks to the site on web pages with contents, allusions or orientation contrary or not compatible with the principles that inspire the activity of GRUPO VS.
The creation of links to the website of GRUPO VS in other conditions other than those set out above, will require the written authorization of GRUPO VS.
PROTECTION OF PERSONAL DATA
GRUPO VS guarantees the confidentiality of personal data provided by users and their treatment in accordance with current legislation on protection of personal data: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (hereinafter RGPD) and other regulations in force on the subject. The personal data collected through the website will be incorporated into one or more treatments responsibility of GRUPO VS. For this purpose, GRUPO VS will provide users, prior to the delivery of personal data, basic and detailed information on the content of the treatment without prejudice to the possibility of the user to access the Privacy Policy. The aforementioned information will allow the user to grant, when necessary, their informed, specific and unequivocal consent in order for GRUPO VS to proceed with the processing of their personal data.
UPDATE OF THE USE POLICY
From time to time, GRUPO VS will update this policy. Any modification of this policy will be published on the site of GRUPO VS and will be understood as accepted by the user by the fact of having accepted the previous one, in the case that the modifications are not substantial, and in any case, in the form in which GRUPO VS makes available the new policy.
In any case it will be the user’s responsibility to periodically access the published conditions in order to know the latest version at all times.
NULLITY AND VOIDABILITY
In the event that any clause of these general conditions or, where appropriate, specific conditions governing the use of a particular service and/or content, is voidable or invalid, in whole or in part, this invalidity or invalidity shall not affect the validity of other clauses of the same, which shall remain in full force and effect, unless the party claiming its invalidity or invalidity proves that without the clause that is void or invalid the purposes of these Conditions cannot be fulfilled.
LEGISLATION
These general conditions are governed by Spanish law.
JURISDICTION
The parties, expressly waiving their own jurisdiction, submit to the Courts and Tribunals of the city of Valencia for the resolution of any litigation that may arise.
