This Legal Notice regulates the general conditions of access and use of the website available in Pirsonal Digital’s URL (henceforth, referred to as the website) which Pirsonal Digital makes available to the Internet users.
The use of the website involves the full acceptance without reservations of all and each of the provisions included in this Legal Notice.
For this reason, the user of the website should carefully read this Legal Notice every time he/she needs to use the website, since this text may be amended at the owner of the website’s discretion, or due to a change in legislation, jurisprudence or business practice.
1. OWNERSHIP OF THE WEBSITE
- Owner: Pirsonal Digital SL (Pirsonal)
- Registered office: Avenida Segunda 16 1C, 28022, Madrid
- [Spanish] Tax Identification Code: ESB87946588
- Contact phone numbers: US +1 (914) 336-4549, EUROPE +34 (912) 485-775
- E-mail address: firstname.lastname@example.org
- Registration details: Registered in the Companies Registry of Fuengirola; Volume 36447; Book Folio 66; Section 8; Sheet 654844; Entry 1.
The website enables the users to access the information and services rendered by Pirsonal Digital SL to those persons and organizations interested therein.
As a general rule, access to the Service is prohibited to those individuals under 18 years of age. If you are 18 or older, but under the age of majority in your country of residence, you need to review this agreement with your parent or guardian and get the necessary consent to enter in an agreement with Pirsonal Digital SL to use the Service. You may use the Service only if you can form a binding contract with Pirsonal Digital SL and are not barred under any applicable laws from doing so.
Your general Terms and conditions will become part of this agreement only if expressly agreed in writing between your organization and Pirsonal Digital SL.
3. ACCESS AND USE OF THE WEBSITE
3.1. Free access and use of the website. The access to the website is free for the users thereof.
3.2. Registration of users. In general, the access and use of the website does not require a prior subscription or registration of the users thereof.
4. CONTENTS OF THE WEBSITE
The language used by the owner of the website shall be Spanish or English. Pirsonal Digital SL is not liable for any misunderstanding of the language of the website by the user, or for the consequences thereof.
Pirsonal Digital SL may, freely and without further justification, modify the website contents without prior notice, as well as delete or change them or the way these are accessed, and Pirsonal Digital SL is not liable for the consequences that these changes may cause to the users.
It is prohibited to use contents of the website in order to promote, hire or spread advertisements or own information or information of third parties without the authorization of Pirsonal Digital SL, and it is also prohibited to send advertisements or information by taking advantage of the services or information made available to users, regardless of the fact that this use is free or not.
The links and hyperlinks to this websiste which third parties incorporate in their own websites shall enable to fully open the website, but they must not give, directly or indirectly, false, inexact or confusing indications, and they must not commit any disloyal or illicit actions against Pirsonal Digital SL.
5. LIMITATION OF LIABILITY
Both the access to the website and the unauthorized use which may be carried out regarding the information contained in the website shall be the sole liability of the person who does it. Pirsonal Digital SL shall not be liable for any consequences or damages arising from said access or use. Pirsonal Digital SL shall not be liable for any security errors which may occur, or for any damages which may be caused to the user’s computer system (hardware and software), or to the files and documents stored therein, as a consequence of
– the presence of a virus in the user’s computer which is being used for connecting to the website services and contents. – the malfunctioning of the browser.
– and/or the use of browser versions which are not up-to-date.
Pirsonal Digital SL shall not be liable for the reliability and rapidity of the hyperlinks incorporated in its website. Pirsonal Digital SL does not guarantee the usefulness of said links, and shall not be liable for the contents or services which the user can access through said links, or for the running of these websites.
Pirsonal Digital SL shall not be liable for the viruses or other computer software which deteriorate or may deteriorate the computer systems and equipments of the users after they have accessed the Pirsonal Digital SL’s website or other websites via links included in the Pirsonal Digital SL’s website.
6. USE OF THE “COOKIE” TECHNOLOGY
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
7.1 Pirsonal Digital SL owns all the industrial and intellectual property rights of the website, as well as the industrial and intellectual property rights of the contents thereof, along with the databases and software necessary for its visualization or use without having first received Pirsonal Digital SL express written consent for such activities. Any use of the website or the contents thereof shall be exclusively private.
7.2 Any other use involving the copy, reproduction, distribution, transformation, public communication or any other analogous action of all or part of the website contents is exclusively reserved to Pirsonal Digital SL. This means that no user may execute these actions without the prior authorization in writing of Pirsonal Digital SL.
7.3 Pirsonal Digital SL holds all intellectual and industrial property rights related to the Service, with the exception of content published by users, who maintain all rights to their content, as outlined in the following section. Pirsonal Digital SL, through these Terms and as the owner of the Service, grants you a limited license, revocable and not to be sublicensed, for the use of the Service.
8. USE OF PIRSONAL: RIGHTS AND OBLIGATION
8.1 You must follow any policies made available to you within the Service. You agree to use the Service only for purposes as permitted by these Terms.
8.2 You are also responsible for all activities or actions exercised by your Account, and you should immediately notify Pirsonal Digital SL if you learn of any unauthorized use of your Account.
8.3 You agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Also, you agree not to access the Service using a method other than the interface or API and instructions we provide. For example, you may not:
a) Reverse engineer, decompile or otherwise attempt to extract the source code of the software used to access the Service or protocols used in the Service, unless this is required by law;
b) Attempt to disable or circumvent any security mechanisms used by the Service;
c) Probe, scan, or test the vulnerability of any system or network;
d) Breach or otherwise circumvent any security or authentication measures;
e) Access, tamper with, or use non-public areas of the Service;
f) Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service;
g) Plant malware or otherwise use the Service to distribute malware;
h) Access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”).
8.4 You may not use the Service to send advertisements or commercial communications, transmit messages for the purpose of advertising, or collecting information for such purposes if it is not allowed by law. Prohibited commercial and marketing activities include, but are not limited to, the following:
a) Use the Service to mass or repetitive messages to a group of people, whatever the goal or purpose;
b) Collect or compile email addresses or other contact information of users for the purpose of sending unsolicited email messages or other communications;
c) Host, store, disclose publish, distribute, or provide unsolicited or unauthorized advertisements, illicit offers, promotional material, “junk mail”, spam, “chain letters” or similar types of communication;
d) Seek, request or solicit other users personal information or passwords;
e) Create a false identity, provide and / or use false information in an Account, make false declarations or statements, or provide false information about yourself, other persons and / or your relation to them;
f) Register an Account in the name of another person’s identity, in particular, the impersonation of another person;
g) Use the Service to organize any type of gambling, bidding, or gaming that entails the payment of money or other objects of economic value.
8.5 When using Pirsonal you must observe all applicable laws and other regulations whether national or international. In particular, you may not distribute data or content, which violate regulations or infringe third-party intellectual property rights, copyrights or other rights of third parties. You are solely responsible for the information and content provided by you. We neither review the contents for their accuracy nor check for viruses or virus-related processibility.
8.6 You may not make publicly available any data or content with the deception of violence or pornographic, discriminatory, offensive, racist, defamatory or other illegal contents or depictions.
8.7 Contents and texts posted at Pirsonal may not be copied, distributed or otherwise made publicly available without permission from the proprietor of the right, unless this is permitted by law.
8.8 The realization of any of the aforementioned activities or behaviors with or without economic gain or your use of the Service or other behavior intentionally or unintentionally threatens or is suspected to threaten our ability to provide the Service, we will take any reasonable steps to protect the Service, which may include temporarily or final suspension of your access to the Service. Both you and we can delete content at any time. In particular, we are entitled to remove content without prior notification if and insofar as any concrete evidence exists that their publication at Pirsonal violates any legal regulations, public morals and / or third-party rights.
8.9 You agree to indemnify us and hold us harmless from and against all claims, including claims for damages, made against us by other users or third parties, including government agencies, as a result of a violation of their rights by the content posted by you on Pirsonal or by the use of Pirsonal itself. You will assume all reasonable expenses, including all reasonable costs incurred for reasonable legal defense, we incur due to an infringement of third-party rights by you.
8.10 The above-described obligations apply only to the extent that you are responsible for the relevant infringement, i.e. that you acted knowingly or willingly or failed to exercise the necessary care required in commercial dealings.
8.11 Pirsonal Digital SL does neither apply any means to establish certainty whether a registered user of Pirsonal actually is the person or representative of a business entity nor if the person is legally authorized to represent the registrant.
8.12 If you notice or suspect use of Pirsonal in violation of the law or this agreement, you can report it to us at any time via the e-mail address: email@example.com.
9.1 A defect exists whenever the suitability for use in accordance with this agreement is suspended or significantly reduced. You are not entitled to claims for damages because of a defect in Pirsonal that existed at the time the agreement entered into effect.
9.2 Under no circumstances will Pirsonal Digital SL be responsible for problems of access, availability and continuity of the Service and / or the mobile applications that permit access from a mobile device and / or the various features it includes when those problems are caused by external factors outside our control and activity. Examples include, but are not limited to,
a) Problems with your computer or device, available bandwidth, speed of your Internet connection, geographical location, etc.
b) The presence of a virus or other element that may cause alterations in your computer system and / or mobile device
c) Loss and / or damages that you might experience as a result of unauthorized third parties accessing and / or using your Account as a user of the Service.
9.3 Any claims of users for damages are excluded. This does not apply for claims for damages by the user due to injury to life, limb or health or due to the violation of material contractual obligations (cardinal obligations) and the liability for other damage based on intentional or grossly negligent breach of duty by us.
9.4 In case of violation of material contractual obligations we are liable only to the typical contractual, foreseeable damage if this was caused by simple negligence. Material contractual obligations within the meaning of these Terms are obligations that permit the proper execution of the agreement and the achievement of its purposes as well as the compliance of which the user can regularly rely on.
9.5 The limitations also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
9.6 Customer acknowledges that data storage is not guaranteed by Pirsonal Digital SL and agrees that Pirsonal Digital SL does not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to the loss or deletion of Customer Data.
10. COMPENSATION AND BILLING
10.1 The compensation for the use of Pirsonal to any business, developer or user is covered by the payment for the Services or/and Applications that Pirsonal may make available.
10.2 Apart from the aforementioned price for the Services and/or Applications, we do not charge any price or fee for your access to the Service from a mobile device. However, your mobile Service provider will apply the data transfer rates and fees stipulated for the Services you have contracted with them. Consequently, your use confirms your understanding and acceptance that your mobile Service provider may charge you for Internet access, and/or other activity using the Service through a mobile network.
10.3 Likewise, we inform you that the Pirsonal applications and/or some of its features may not be available and/or function correctly with all telecommunications providers or with all mobile devices or with all browsers, and it may not always be available in every location, country, or moment. Additionally, the availability and quality of the Service in your mobile phone or computer can vary based on a variety of factors including the device you are using, your geographical location, your available bandwidth, and/or the speed of your internet connection. It is your responsibility to ensure that the devices and infrastructures available to you are adequate for the correct use and operation of the Service.
10.4 Customer agrees to pay the usage fees set and shared by Pirsonal Digital SL through any channel. In addition, if applicable, Customer agrees to pay any applicable support and/or Professional Services fees in connection with Customer’s order of any support services as agreed in this terms and / or in the Customer specific contract.
10.5 Customer acknowledges that, in the event Customer’s usage exceeds the amounts prepaid by Customer or any other failure to pay amounts due as described in this Legal Notice, Pirsonal Digital SL will be entitled to suspend the Pirsonal Services associated with Customer’s account without prior notice to Customer. Pirsonal Digital SL will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to any suspension of Pirsonal Services.
11. REFUNDS AND ACCOUNT TERMINATION
11.1 If, for any reason, Pirsonal Digital SL fails to deliver said services, a prorated plataform credit refund will be issued as noted in the Customer’s contract. No refunds will be issued if abuse of our stated policies forces Pirsonal to suspend or terminate your services prematurely.
11.2 In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.
12. DURATION AND TERMINATION OF THE USER AGREEMENT
12.1 The agreement is formed for an indefinite time. You can terminate the agreement at any time by deleting your Pirsonal Account and / or once your Platform and / or Service contract has been completed.
12.2 The agreement may also be terminated by either part for good cause. A good cause that entitles Pirsonal Digital SL to termination exists, in particular, if you violate contractual obligations, in particular, the rules of use of Pirsonal.
12.3 You are fully responsible to make a back up of all the content you enter into Pirsonal, such as images, videos, texts, sounds, fonts and comments. When your account will be deleted by you or by us, also all your content will be deleted and you will not be able to access it any longer.
13. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
This Legal Notice shall be construed and governed in accordance with the Spanish legislation. Pirsonal Digital SL and the users, who expressly renounce any other law which may correspond to them, shall be subject to the courts and tribunals corresponding to the domicile of the user for whatever controversies which may arise from the access or use of the website. In case that the user’s domicile is outside Spain, Pirsonal Digital SL and the user, who expressly renounce any other law, shall be subject to the courts and tribunals of the domicile located in Madrid.
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