1. PURPOSE AND SCOPE OF APPLICATION.
The purpose of these General Conditions of Use (hereinafter, the Conditions of Use) is to regulate access to the contents and services for non-registered users of the Web Page owned by Martanait SL. with address at Avenida de Cádiz, 9 Sevilla, Spain (41004) with CIF: B-90311911, (hereinafter, Nait Nait), located at the URL www.NaitNait.com.
1.1. The fact of accessing, browsing or using the services and contents of the Web Page implies that the User has read, is aware of and accepts without reservation the Conditions of Use.
In this sense, the person who uses, navigates or accesses any of the contents and services offered on the Web Page shall be considered a User.
The User agrees to use the Web Page in accordance with the Law and the provisions of these Terms of Use and the Privacy Policy published on the Web Page. The User shall refrain from using the Web Page in any way that is illicit or contrary to these Terms of Use.
1.2. However, access to certain content and the use and/or acquisition/provision of certain services is subject to certain Special Conditions or General Contracting Conditions, which, as the case may be, shall replace, complete and/or modify these Terms of Use, and in the event of contradiction, the contradictory terms of the Special Conditions or General Contracting Conditions shall prevail over those stipulated in these Terms of Use.
Nait Nait reserves the right to modify the presentation, configuration and content of the Webpage and any of its services, as well as the conditions required for accessing, using and/or providing the services offered. Access to and use of the contents and services after the entry into force of the modifications or changes in the conditions imply acceptance of the same.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
2.1. This Web Page is governed by national and international legislation on intellectual and industrial property.
2.2. Under no circumstances shall it be understood that the User's access and browsing of the Webpage or the use, acquisition and/or contracting of products or services offered through the same imply a waiver, transmission, license or total or partial transfer of said rights by Nait Nait.
2.3. Nait Nait is the owner or has obtained the corresponding license over the intellectual and industrial property exploitation rights of Nait Nait, as well as the intellectual, industrial and image property rights and/or licenses over the contents and products available through the same.
2.4. It is not permitted to remove, circumvent or manipulate the copyright notice and any other data identifying the rights of Nait Nait.
It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents and products included in www.NaitNait.es for public or commercial purposes, without the express written authorization of Nait Nait.
3. USE OF THE WEB PAGE.
3.1. The User will have access to the contents and use of the services provided by the Web Page free of charge, although some services may be subject to prior registration, prior contracting and/or payment of an amount by the User, which will be specified in their own General Contracting Conditions.
By using the services and/or accessing the contents of the Web Page, the User agrees to these Terms of Use and undertakes not to use them to send messages that defame or insult, or that contain false information, that is inappropriate, abusive, harmful, pornographic, threatening, damaging to the public image or the private life of third parties or that for any reason violate any law.
3.3. In particular, and by way of example only and without limitation, the User undertakes not to collect data for advertising purposes, not to send any type of online advertising and not to transmit, disseminate or make available to third parties through the Services that may be provided by Nait Nait, information, messages, graphics, sound or image files, photographs, recordings, software and in general any type of material, data or content that, without limitation:
- Incur in activities that are illicit, illegal or contrary to good faith and public order;
- In any way contravene, undermine or infringe upon the fundamental rights and public liberties recognized in the Constitution or in international treaties and in the rest of the legal system;
- Induce, incite or promote criminal, denigratory, defamatory or violent actions;
- Induce, incite or promote discriminatory actions, attitudes or ideas based on sex, race, religion, beliefs or age;
- Incorporate criminal, violent or degrading messages;
- Induce or incite to engage in practices that are dangerous, risky or harmful to health and psychological balance;
- Are false, ambiguous, inaccurate, exaggerated or untimely, in such a way as to mislead as to their purpose or as to the intentions or purposes of the communicator;
- Are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to carry out the use that he/she makes or intends to make;
- Violate the trade secrets of third parties;
- Are contrary to the right to honor, to personal and family intimacy or to one's own image;
- Infringe the regulations on secrecy of communications;
- Cause, due to their characteristics (such as format, length, etc.), difficulties in the normal operation of the Services.
4. COMMUNICATIONS LICENSE.
In the event that the User sends information of any kind to Nait Nait through the Webpage, through the channels provided for this purpose on the Webpage itself, the User declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual property, trademark, patent, trade secret or any other third party right, that said information is not of a confidential nature and that said information is not harmful to third parties.
4.2. The User acknowledges that he/she assumes responsibility and shall hold Nait Nait harmless for any communication that he/she provides personally or in his/her name, such responsibility covering without restriction the accuracy, legality, originality and ownership of the same.
5. RESPONSIBILITIES AND WARRANTIES.
5.1. Nait Nait cannot guarantee the reliability, usefulness or truthfulness of the services or information provided through the Webpage.
Consequently, Nait Nait does not guarantee and is not responsible for: (i) the continuity of the contents of the Webpage; (ii) the absence of errors in said contents or products; (iii) the absence of viruses and/or other harmful components in the Webpage or in the server that supplies it; (iv) the invulnerability of the Webpage and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents and products of the Web Page; (vi) any damage or harm caused, to itself or to a third party, by any person who infringes the conditions, rules and instructions established by Nait Nait on the Web Page or through the violation of the security systems of the Web Page.
5.2 Nevertheless, Nait Nait declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Website and to avoid the existence and transmission of viruses and other harmful components to Users.
If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify Nait Nait so that it can proceed to take the appropriate measures.
6. LINKS.
6.1 Links to other web pages
In the event that the User should find links from the Webpage to other Websites by means of different buttons, links, banners, etc., these would be managed by third parties. Nait Nait has neither the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other Web sites to which links may be established from the Web Page.
Consequently, Nait Nait cannot assume any type of responsibility for any aspect related to the Web Page to which a link may be established from the same, specifically, including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this regard, should Users become aware of the unlawfulness of activities carried out through these third-party Web pages, they must immediately notify Nait Nait so that the link to such Web pages may be disabled.
The establishment of any type of link from the Web Page to another Web Site does not imply that there is any type of relationship, collaboration or dependence between Nait Nait and the party responsible for the external Web Page.
6.2 Links on other Web Sites to the Web Site
If any User, entity or Web Site or Web Page wishes to establish any type of link to the Web Page, it must abide by the following stipulations:
- The link may only be directed to the Home Page of the Web Site, unless expressly authorized in writing by Nait Nait.
- The link must be absolute and complete, that is to say, it must take the User, by means of a click, to the URL address of the Web Page itself and must completely cover the entire extension of the screen of the Web Page's Home Page. Under no circumstances, unless expressly authorized in writing by Nait Nait, may the Website that makes the link reproduce the Web Page in any way, include it as part of its Website or within one of its frames, or create a browser on any of the pages of its Page or Website.
- The Web Page that establishes the link may not state in any way that Nait Nait has authorized such link, unless it has done so expressly and in writing. If the entity that makes the link from its Web page or Web site to the Web Page owned by Nait Nait correctly wishes to include on its Web Page the trademark, denomination, commercial name, label, logotype, slogan or any other type of identifying element owned by Nait Nait and/or the Web Page, it must first have express written authorization.
- Nait Nait does not authorize the establishment of a link to the Web Site from those Web Sites that contain materials, information or contents that are illicit, illegal, degrading, obscene, and in general, that contravene morality, public order or generally accepted social norms.
Nait Nait does not have the power or the human and technical resources to know, control or approve all the information, contents, products or services provided by other Web sites that have established links to the Web Site owned by Nait Nait. In this regard, Nait Nait accepts no responsibility whatsoever for any aspect relating to the Web Site that establishes the link, specifically, including but not limited to, its operation, access, data, information, files, the quality and reliability of its products and services, its own links and/or any of its contents in general.
7. DURATION AND MODIFICATION.
7.1. Nait Nait may modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same form in which these Terms of Use appear, through any type of communication addressed to the Users.
7.2. The temporary validity of these Terms of Use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time they will become effective in the modified Terms of Use.
Notwithstanding the provisions of any Special Conditions that may be established, Nait Nait may terminate, suspend or interrupt access to the contents of the Website at any time without prior notice, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the contents set forth above in these Terms of Use shall remain in force.
8. GENERAL.
8.1. The headings of the various clauses are for informational purposes only, and shall not affect, qualify or expand the interpretation of the Terms of Use.
8.2. In the event that any provision or provisions of these Terms of Use shall be held invalid or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the other provisions of the Terms of Use.
8.3. The failure of Nait Nait to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by Nait Nait Nait.
9. CONSUMER GOODS WARRANTY
In case of defective product, the seller must proceed to the replacement or termination of the contract, steps that will be free of charge for the consumer and user. The consumer and user must inform the seller of the lack of conformity within fifteen days of becoming aware of it. Beforehand, and as soon as Nait Nait is informed of the defective product, it will undergo a quality control to determine whether the defect corresponds to the use of the article or to a manufacturing defect.
10. JURISDICTION.
These General Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile.
