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 unregistered users of the Website owned by Martanait SL. with registered 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. Accessing, browsing or using the services and content of the Website implies that the User has read, is aware of and unreservedly accepts the Conditions of Use.
In this sense, a User will be considered to be any person who uses, browses, or accesses any of the content and services offered on the Website.
The User agrees to use the Website in accordance with the Law and the provisions of these Terms of Use and the Privacy Policy published on the Website. The User must refrain from any illegal act or act contrary to these Terms of Use when using the Website.
1.2. However, access to certain content and the use and/or acquisition/provision of certain services is subject to certain Specific Conditions or General Contracting Conditions, which, depending on the case, will replace, complete and/or modify these Conditions of Use, and in the event of a contradiction, the contradictory terms of the Specific Conditions or General Contracting Conditions will prevail over those stipulated in these Conditions of Use.
1.3. Nait Nait reserves the right to modify the presentation, configuration, content of the Website and any of its services, as well as the conditions required for access, use and/or provision of services offered. Access and use of the content and services after the entry into force of their modifications or changes in the conditions implies acceptance of the same.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
2.1. This Website is governed by national and international legislation on intellectual and industrial property.
2.2. Under no circumstances shall the User's access to and navigation of the Website or the use, acquisition and/or contracting of products or services offered through it be deemed to imply a waiver, transfer, license or total or partial assignment of said rights by Nait Nait.
2.3. Nait Nait is the owner or has obtained the corresponding license for the intellectual and industrial property exploitation rights of Nait Nait as well as the intellectual, industrial and image property rights and/or licenses for the content and products available through it.
2.4. It is not permitted to remove, evade or manipulate the copyright notice and any other data identifying the rights of Nait Nait.
It is also prohibited 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 WEBSITE.
3.1. The User will have access to the content and use of the services provided by the Website 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 its own General Contract Conditions.
By using the services and/or accessing the contents of the Website, the User expresses his/her agreement with these Conditions of Use, agreeing 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 private life of third parties or that for any reason infringe any law.
3.3. In particular, and by way of example only and not exhaustively, the User undertakes not to collect data for advertising purposes, not to send any type of online advertising and not to transmit, distribute 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 being exhaustive:
• Engage in illicit, illegal activities or activities contrary to good faith and public order;
• In any way contravene, disregard or attack the fundamental rights and public freedoms recognized constitutionally or in international treaties and in the rest of the legal system;
• Induce, incite or promote criminal, derogatory, defamatory or violent acts;
• 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 involvement in practices that are dangerous, risky or harmful to health and mental balance;
• Are false, ambiguous, inaccurate, exaggerated or untimely, so that they may mislead regarding their object or regarding the intentions or purposes of the communicator;
• They 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, personal and family privacy or the image of people;
• Violate the regulations on confidentiality of communications;
• Due to their characteristics (such as format, extension, etc.) they cause difficulties in the normal functioning of the Services.
4. COMMUNICATIONS LICENSE.
4.1. In the event that the User sends information of any kind to Nait Nait through the Website, using the channels provided for this purpose on the Website itself, the User declares, guarantees and accepts that he or she has the right to do so freely, that said information does not infringe any intellectual property rights, trademark, patent, trade secret, or any other third party right, that said information is not confidential and that said information is not harmful to third parties.
4.2. The User acknowledges that he/she assumes responsibility and will hold Nait Nait harmless for any communication that he/she supplies personally or in his/her name, with said responsibility extending without any restriction to the accuracy, legality, originality and ownership of the same.
5. RESPONSIBILITIES AND WARRANTIES.
5.1. Nait Nait cannot guarantee the reliability, usefulness or veracity of the services or information provided through the Website.
Consequently, Nait Nait does not guarantee and is not responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents or products; (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 utility or performance of the contents and products of the Website; (vi) the damages or losses caused, to itself or to a third party, by any person who infringes the conditions, rules and instructions that Nait Nait establishes on the Website or through the violation of its security systems.
5.2 However, Nait Nait declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and prevent 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 constitute an infringement of intellectual and/or industrial property rights, he/she must immediately notify Nait Nait so that it can take appropriate measures.
6. LINKS.
6.1 Links to other web pages
In the event that the User may find links to other websites via different buttons, links, banners, etc., from the Website, these would be managed by third parties. Nait Nait has no authority or human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links may be established from the Website.
Consequently, Nait Nait cannot assume any type of responsibility for any aspect related to the Website to which a link may be established from it, specifically, by way of example and 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 content, in general.
In this regard, if Users have actual knowledge of the illegality of activities carried out through these third-party Web pages, they must immediately notify Nait Nait so that the access link to it can be disabled.
The establishment of any type of link from the Website to another external Website will not imply that there is any type of relationship, collaboration or dependency between Nait Nait and the person responsible for the external Website.
6.2 Links on other websites to the Website
If any User, entity or Website or Web Page wishes to establish any type of link to the Web Page, they must comply with the following stipulations:
• The link may only be directed to the Home Page of the Website, unless expressly authorized in writing by Nait Nait.
• The link must be absolute and complete, that is, it must take the User, by clicking on it, to the URL address of the Website and must completely cover the entire screen extension of the Home Page of the Website. Under no circumstances, unless expressly authorized in writing by Nait Nait, may the Website that creates the link reproduce, in any way, the Website, 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 Website that establishes the link may not declare in any way that Nait Nait has authorized such link, unless it has done so expressly and in writing. If the entity that correctly creates the link from its page or website to the Website owned by Nait Nait wishes to include on its Website the brand, name, trade name, sign, logo, slogan or any other type of identifying element owned by Nait Nait and/or the Website, it must first obtain express written authorization.
• Nait Nait does not authorize the establishment of a link to the Website from those Websites that contain illicit, illegal, degrading, obscene materials, information or content, and in general, that contravene morality, public order or generally accepted social norms.
Nait Nait does not have the authority or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website owned by Nait Nait. In this regard, Nait Nait does not assume any type of responsibility for any aspect related to the Website that establishes this link, specifically, by way of example and 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 content, 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 changes in the same manner as these Conditions of Use appear, through any type of communication addressed to the Users.
7.2. The term of validity of these Terms of Use therefore coincides with the time of their display, until they are modified in whole or in part, at which time they will become effective in the modified Terms of Use.
7.3. Notwithstanding anything that may be set forth in the Specific Conditions established, Nait Nait may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the User being able to demand any compensation. After such termination, the prohibitions on the use of the contents set forth above in these Conditions of Use will remain in force.
8. GENERALITIES.
8.1. The headings of the various clauses are for information 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 are deemed void or unenforceable, in whole or in part, by any competent Court, Tribunal or administrative body, such nullity or unenforceability shall not affect the other provisions of the Terms of Use.
8.3. The non-exercise or execution by Nait Nait of 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.
9. CONSUMER GOODS WARRANTY
In the event of a defective product, the seller must replace it or terminate the contract, which 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. Previously, and from the time Nait Nait is informed about the defective product, it will undergo a quality control in which it will be determined whether the defect corresponds to the use of the article or to a manufacturing defect.
10. JURISDICTION.
These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and with waiver of any other jurisdiction, to the courts and courts of the user's domicile.
