The present document regulates all websites referred to in point 7, property of Stackscale B.V., brand Stackscale order (in hereafter “the company”) with registered office at P.J. Oudweg, 4, 1314CH Almere, The Netherlands; Chamber of Commerce nº 54834309, contact support[at]stackscale[dot]com.
The use of such websites attributes the condition of user (hereinafter, the “user”) and implies the full acceptance and without reserves of all and each one of the provisions listed below.
1. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The content of the website is intellectual property of the company and for reproduction required the express authorization in writing by the company.
The user acknowledges and agrees that all rights of intellectual property on the contents and/or any other elements inserted in the websites (including without limitation, trademarks, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, “look-and-feel”, audio and video), belong to the company and/or third parties. Any access to the website implies any kind of waiver, transmission, license or transfer total or partial rights, unless expressly provided otherwise. And therefore, the use of the websites does not confer users any other right of utilization, alteration, exploitation, reproduction, distribution or public communication of the websites or their contents, different from the expressly provided for here. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by the company.
The Company authorizes users to use, view, print, download and store contents and/or elements on the websites solely for your personal, private and non-profit use; always that in any case prompted the origin and/or author of the same and, where appropriate, until the copyright symbol and/or notes industrial property of their owners. The use of such elements, reproduction, communication and/or distribution with commercial or lucrative purposes, as well as its modification, alteration or decompilation is strictly forbidden. For any other use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights concerned.
2. CONDITIONS OF ACCESS AND USE
2.1. User registration
In general, the provision of the services does not require prior subscription or registration of users. However, the company conditions the use of some of the services to the prior completion of the corresponding user record, which is available in some of their websites.
The register shall be made as expressly indicated in the service or in the conditions governing it.
2.2. Veracity of the information
The information given by the user through the services must be truthful. For this purpose, the user guarantees the authenticity of all data communicated as a result of filling in the forms necessary for the subscription of the services. Similarly, it is the user’s responsibility to keep all information provided to the company constantly updated so that it responds at all times to the actual situation of the user. In any case the user will be solely responsible for the false or inexact manifestations that perform and the damages caused to the company or to third parties for the information provided.
The user undertakes to use the services in accordance with the law, this legal notice, the particular conditions of certain services and other notices, use regulations and instructions placed on their knowledge, as well as with morality and generally accepted good customs and public order.
For this purpose, the user shall refrain from using any of the services with purposes or effects that are illicit, banned in this legal notice, harmful to the rights and interests of third parties, or in any way could damage, disable, overload, deteriorate or prevent the normal use of services, the computer equipment or documents, files and all sorts of content stored on any computer (hacking) of the company or any of its websites other users or anyone on the internet (hardware and software).
In particular, and to merely indicative and not exhaustive, the user undertakes not to transmit, disseminate or make available to third party information, data, content, messages, graphics, drawings, sound and/or image, photographs, recordings, software files and, in general, any kind of material that:
(a) in any way contrary, disparages or undermines fundamental rights and public freedoms recognized in the Constitution, in international treaties and in the rest of the legislation;
(b) induce, incite or promote criminal, slanderous, defamatory, infamous, violent or, in general, contrary to law, morals and good customs generally accepted or public order;
(c) induce, incite or promote actions, attitudes or thoughts discriminatory on grounds of sex, race, religion, beliefs, age or condition;
(d) incorporate, make available or allow access to products, elements, messages and/or services criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good customs or public order;
(e) induces or may induce an unacceptable state of anxiety or fear;
(f) induce or incite to engage in dangerous, hazardous or harmful to health and mental balance;
(g) be false, ambiguous, inaccurate, exaggerated or untimely, in such a way that it induces or may induce to error on your object or the intentions or purposes of communicating;
(h) is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained their holders the necessary authorization to carry out the use which takes place or is intended to be carried out;
(i) violate the trade secrets of third parties;
(j) is contrary to the right to honor, personal and family privacy or image of persons;
(k) in any way undermine the credit of the company or third parties;
(l) infringe regulations on privacy of communications;
(m) constitutes, in his case, illegal, deceptive or unfair advertising and, in general, that constitutes unfair competition;
(n) incorporates virus or other physical or electronic elements that may damage or impede the normal operation of the network, system or computer equipment (hardware and software) stackscale.com or third parties or that could damage electronic documents and files stored on said computer equipment;
(o) causes by their properties (such as format, extension, etc.) Difficulties in the normal functioning of the service;
2.3. Obligation to make proper use of the contents
The user undertakes to refrain from:
(a) reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the contents, unless you are licensed under Creative Commons
(b) delete, manipulate or in any way alter the “copyright” and other identifying data of the reserved rights of the company, its web sites or their owners, fingerprints or any other technical means established for recognition.
The user shall not obtain even attempting to obtain the content using means or procedures other than those which, depending on the case, have been placed at your disposal to this effect or have indicated to this effect on the web pages where the contents are or, in general, which habitually engaged in internet for this purpose provided that do not involve a risk of damage or non-use of the services and/or of the contents.
2.4. Use of the services offered in accordance with the anti-spamming policy
The user undertakes to refrain from:
(i) collect data for advertising purposes and sending advertising of any kind and communications for the purpose of sale or other commercial without their prior request or consent;
(ii) sending any other unsolicited messages or previously consented to a plurality of people;
(iii) send chain e-mails unsolicited or previously consented;
(iv) use distribution lists that can be accessed through the services for the implementation of the activities referred to in paragraphs (i) to (iii) above;
(v) put at the disposal of third parties, for any purpose, data collected from mailing lists.
Users or third parties harmed by the receipt of unsolicited messages directed to a plurality of people may notify the company by sending a message by e-mail.
3. REGIME OF LIABILITY
3.1. Responsibility for web usage
The user is solely responsible for the offences which may be incurred or the damages caused by the use of the websites, being the owner of the websites, partners, group companies, collaborators, employees and representatives, exempted from any kind of liability that might arise for the user’s actions.
The owner of the websites will employ all efforts and reasonable means to provide up-to-date and reliable information on the websites, however, the holder of the webs accepts no liability in relation to the absence of errors or possible inaccuracies and/or omissions in any of the content accessible through these sites.
The user is solely responsible for any claim or legal, judicial or extra-judicial, action initiated by third parties against the holder of the websites based on the use by the user of the websites. In your case, the user shall bear all expenses, costs and indemnities incurred to the owner of the websites on the occasion of such claims or legal actions.
3.2. Responsibility for the operation of the websites
The owner of the websites excludes all liability that might arise from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system, caused by fault of the owner of the websites.
Also, the owner of the websites also excludes any liability which may arise from delays or blockages in the operative functioning of this electronic system caused by deficiencies or overloading phone lines or Internet, as well as damage caused to others by means of illegitimate intromission beyond the control of the owner of the websites.
The owner of the websites is empowered to suspend, without notice, the accessibility websites for maintenance, repair, updating or improvement operations.
3.3. Liability for links
Links or links contained in the Web can lead the user to other websites managed by third parties.
The owner of the websites declines any responsibility regarding the information that is outside the Web, since the function of the links that appear is only the inform the user about the existence of other sources of information about a topic in particular.
The owner of the websites is exonerated from any responsibility for the proper functioning of such links, the results obtained through these links, the veracity and legality of the content or information which can be accessed, as well as the damages caused to the user by virtue of the information found on the linked sites.
4. PRIVACY AND COOKIES
5. ENTRY INTO FORCE
The terms and conditions herein set forth, is may modify total or partially, publishing any change in the same way they appear in these general conditions. The temporary validity of these general conditions match, therefore its exposure time, until they are modified total or partially, moment in which will have to be in force the modified general conditions.
6. APPLICABLE LEGISLATION AND JURISDICTION
This agreement is governed by Spanish law and in particular by law 34/2002 of 11 July, services of the information society and electronic commerce, and other concordant regulations. Whereas permitted by law, the parties agree to submit to the jurisdiction of the courts and tribunals of Madrid.
7. THE COMPANY WEB SITES
The main company web sites include stackscale.com, stackscale.nl and stackscale.fr.