1. RECIPIENTS AND MODIFICATIONS OF THE WEBSITE
KONECTA enables through its website the access to various contents, information and data (hereinafter “Contents”) made available to the user by KONECTA or by third-party service and content providers. KONECTA reserves the right to make changes at any time to the presentation, configuration and localization of the Website, as well as to the Contents and conditions required to use the same.
3. CONDITIONS OF WEBSITE ACCESS AND USE
3.1. Access and use of the Website
Users acknowledge and accept that access and use of the website and/or the contents contained therein is done freely and consciously, under their exclusive responsibility. The User undertakes to make proper and lawful use of the Website and of the contents, in accordance with the applicable legislation, the present general conditions of use of the website, ethics and good generally accepted customs and the public order. The user shall refrain from (i) making unauthorized or fraudulent use of the website and/or the contents; (ii) accessing or attempting to access restricted resources or areas of the website, without meeting the conditions required for such access; (iii) using the website and/or the contents for illicit or illegal purposes or effects, or when these are contrary to the provisions of the present general conditions, to the good faith and to the public order, detrimental of the rights and interests of third parties, or that in any way can damage, disable or overload the Website or prevent the normal use or enjoyment of the Website; (iv) causing damage to the physical or logical systems of KONECTA, its suppliers or third parties; (v) introducing or disseminating computer viruses or any other physical or logical systems that are susceptible to cause damage to the physical or logical systems of KONECTA, of its suppliers or third parties, (vi) attempting to access, use and/or manipulate the data owned by KONECTA, third party suppliers and other users; (vii) reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the owner of the corresponding rights or when legally permitted; (viii) deleting, concealing or manipulating notes on intellectual or industrial property rights and other identifying data of the rights of KONECTA or of third parties included in the contents, as well as the technical devices of protection or any mechanisms of information that may be inserted in the contents; (ix) obtaining and attempting to obtain the contents using means or procedures other than those which, depending on the case, have been made available to this effect or have been expressly indicated in the Web pages where the contents are located or, in general, those that are commonly used on the internet because they do not imply a risk of damage or of disabling the Web site and/or of the contents.
3.2. Introducing links
Those users who wish to set up a hyperlink or link to the KONECTA Website, must obtain its prior authorization and shall be subject to compliance with the following obligations: (i) the link shall only allow access to the Website, but shall not reproduce it in any way; (ii) links shall not be established with other pages other than the main Web page www.grupokonecta.com and an exclusive window is used in the browser for opening that link; (iii) no macros or other means may be used to create the presumption that there is a relationship between KONECTA and the website in which the link is included; (iv) no false, inaccurate or incorrect statements or indications on the website shall be made; (v) it shall not be declared or implied that KONECTA has supervised or undertaken in any way the content or services offered or announced on the website where the link is set up; (vi) the website where the link is established shall not contain any trademark, trade name, business sign, denomination, logo, slogan or other distinctive signs belonging to KONECTA and/or to third parties, without their authorization; (vii) the website in which the link is included may not contain any information, images or any other elements contrary to law, morality, public order or proper conduct. KONECTA reserves the right to prohibit the inclusion of links to its Website in the event that it considers that the site on which the link has been included does not meet the specified requirements and, in no case shall it be liable for the consequences that may arise from the introduction of the links by third parties, nor for the contents, information and/or services offered on the websites where the link has been established.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and accepts that all intellectual property rights on the contents and/or any other elements inserted in the website (including without limitation, trademarks, logos, trade names, texts, images, graphics, audio and video, databases, software and presentation) belong to KONECTA and/or to third parties. In no event shall access to the website imply any type of waiver, transfer, license or total or partial assignment of such rights, unless expressly stated otherwise. These General terms and conditions of use of the Website do not confer on users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its contents other than the rights expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted to that effect by KONECTA or the third party holder of the rights concerned. KONECTA authorizes users to use, view and print the contents and/or the elements inserted in the Website exclusively for their personal, private and non-profit use. It is strictly forbidden to use such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, or decompilation. For any other use other than those expressly permitted, prior written consent from the holder of the rights concerned shall be obtained. KONECTA shall take court action against the infringement of its intellectual and industrial property rights.
5. DISCLAIMER OF WARRANTIES AND LIABILITY
5.1. Disclaimer of warranties and liability for website operation
KONECTA does not guarantee the availability and continuity of the operation of the website or those websites with which a link has been established. Likewise, KONECTA shall in no event be liable for any damages that may arise from (i) the lack of availability or accessibility to the Website or to those linked sites; (ii) the interruption in the operation of the website or computer failures, telephone failures, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the Internet system or in other electronic systems produced in the course of its operation; (iii) the lack of suitability of the website for the specific needs of the user; (iv) other damages that may be caused by third parties through unauthorized interference beyond the control of KONECTA; (v) the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or user files.
5.2 Disclaimer of warranties and liability for website use.
KONECTA shal in no case be liable for the use made by Users and/or third parties of the Website or the Contents, or for the damages that could derive from therefrom.
5.3 Disclaimer of warranties and liability for the Contents.
KONECTA does not edit the Content of third parties published on the Website nor is it liable for the lawfulness, reliability, truthfulness, accuracy, completeness and timeliness of such Contents.
5.4 Disclaimer of warranties and liability in connection with the Links.
The Website may make it available to users technical link devices that allow users to access Web pages and/or websites belonging to and/or managed by third parties. KONECTA checks the existing content on these pages at the time that a link to them is set up and does so in the belief in good faith that such content complies with the applicable legislation. However, in no case, shall KONECTA be liable, nor does it approve, or appropriate the products, services, contents, information, data, files and any kind of material existing on such web pages and it does not control or take liability for, approve or appropriate the successive modifications of these materials. Where appropriate or required by judicial or administrative order, KONECTA shall remove the links from those websites that infringe the applicable law and/or damage third party rights.
6. ACTIONS IN CASE OF NON-COMPLIANCE
KONECTA reserves the right to exercise all and any actions as may be legally available to claim liability arising from the breach of any of the provisions of these general terms and conditions of use of the Website by a user.
7. PARTIAL NULLITYL
If any of these general conditions is declared void, invalid or ineffective, this shall not affect the validity or effectiveness of the remaining terms, which will remain binding on the parties. The waiver by any party to claim at any given time the fulfillment of any of the general conditions stipulated herein shall not imply a general waiver of the fulfillment of another condition or conditions, nor shall it create an acquired right for the other party.
8. APPLICABLE LAW AND JURISDICTION
The provision of the Website service and the present general terms and conditions of use of the website are governed by Spanish law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction that may apply, agree to submit to the jurisdiction of the courts and tribunals of the City of Madrid.