LEGAL NOTICE

DATABITA, responsible for www.databita.com, hereinafter Responsible, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), as well as how to inform all users of the website regarding the General Conditions of Use of this Website.

Every person who accesses www.databita.com, hereinafter Website, assumes the role of User, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.

DATABITA reserves the right to modify any type of information that may appear on the Website, without there being any obligation to give prior notice or inform users of such obligations, with publication on the Website being understood as sufficient.

1. IDENTIFICATION DATA

Social denomination: Manuel Herrera Cruz
DNI: 75941734N
Domicilio: Calle de Móstoles 16
Commercial name: DATABITA
Email: info@databita.com

2. OBJECTIVE

Through the Website, we offer Users the possibility of accessing information about our services. The General Conditions of Use of this Website are described below.

3. PRIVACY AND DATA PROCESSING

When it is necessary to provide personal data for access to certain content or services, Users will guarantee its veracity, accuracy, authenticity and validity. The Responsible will give said data the corresponding automated treatment depending on its nature or purpose, in the terms indicated in the Privacy Policy section.
 
4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the content displayed on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other sign susceptible to industrial use and/or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted in the page, are the exclusive property of the Responsible and/or from third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping the Responsible party harmless from any claim arising from breach of such obligations. 

In no case does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the Responsible Party or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any existing intellectual creation on this Website, as well as the Website itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property law. The Responsible is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or by any means, unless prior authorization is obtained, by writing, of the person in charge of the Website.

It is also prohibited to delete, evade and/or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, reserving in any case the Responsible the exercise of any means or legal actions that correspond to him in defense of his legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE

The User agrees to:

  1. Make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website contained in this Legal Notice; (iii) morality and generally accepted good customs and (iv) public order.
  2. Provide yourself with all the means and technical requirements that are necessary to access the Website.
  3. Provide truthful information by filling in the forms contained on the Website with their personal data and keeping them updated at all times so that they respond, at all times, to the actual situation of the User. The User will be solely responsible for the false or inaccurate statements made and for the damages caused to the Responsible Party or to third parties due to the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

  1. Make unauthorized or fraudulent use of the Website and/or its contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any computer equipment.
  2. Access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for such access.
  3. Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
  4. Introduce or spread computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of the Responsible, suppliers or third parties.
  5. Attempting to access, use and/or manipulate the data of the Responsible Party, third-party providers and other Users.
  6. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
  7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the Responsible or third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.
  8. Obtain and try to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, on those that are habitually used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the contents.
  9. In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
    • In any way, it is contrary, disparages or violates the fundamental rights and public liberties recognized constitutionally, in International Treaties and in the rest of the current legislation.
    • Induce, incite or promote criminal, denigrating, defamatory, violent or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
    • Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
    • Incorporate, make available or allow access to criminal, violent, offensive, harmful, degrading or, in general, products, elements, messages and/or services that are contrary to the law, morality and generally accepted good customs or public order . Induce or may induce an unacceptable state of anxiety or fear.
    • Induce or incite to engage in practices that are dangerous, risky or harmful to health and mental balance.
    • It is protected by the legislation on intellectual or industrial protection belonging to the company or to third parties without the intended use having been authorized.
    • Is contrary to honor, personal and family privacy or the image of people.
    • Constitute any type of advertising.
    • Include any type of virus or program that prevents the normal functioning of the Website.

If, in order to access some of the services and/or contents of the Website, the User is provided with a password, they are obliged to use it diligently, keeping it secret at all times. Consequently, the User will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, it is obliged to notify DATABITA of any event that may involve improper use of its password, such as, without limitation, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the previous notification is not made, DATABITA will be exempt from any liability that may arise from the improper use of the User's password, the latter being the responsibility of any illegal use of the contents and/or services of the Website by any illegitimate third party. . If the User negligently or intentionally fails to comply with any of the obligations established in these General Conditions of Use, they will be liable for all damages that may arise from said breach for DATABITA.

6. RESPONSIBILITIES

DATABITA does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained on the website that may be prevented, hampered or interrupted by factors or circumstances beyond its control. It is not responsible for the decisions that could be adopted as a result of access to the content or information offered.

The service may be interrupted, or the relationship with the User may be terminated immediately, if it is detected that use of the Website, or any of the services offered therein, is contrary to these General Conditions of Use. We are responsible for damages, losses, losses, claims or expenses derived from the use of the Website.
 
It will only be responsible for eliminating, as soon as possible, the content that may generate such damage, provided that it is notified. In particular, we will not be responsible for any damages that may arise, among others, from:

  1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of the Responsible. 
  2. Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
  3. Improper or inappropriate abuse of the Website.
  4. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrator of the Website reserves the right to withdraw, totally or partially, any content or information present on the Website.

The Responsible party excludes any liability for damages of any kind that could be due to the misuse of the services freely available and used by the Users of the Website. Likewise, it is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation and doubt services. On the other hand, in case of causing damages due to an illegal or incorrect use of said services, the User may be claimed for the damages or losses caused.
 
Usted mantendrá al Responsable indemne frente a cualesquiera daños y perjuicios que se deriven de reclamaciones, acciones o demandas de terceros como consecuencia de su acceso o uso del Sitio Web. Asimismo, usted se obliga a indemnizar frente a cualesquiera daños y perjuicios, que se deriven del uso por su parte de “robots”, “spiders”, “crawlers” o herramientas similares empleadas con el fin de recabar o extraer datos o de cualquier otra actuación por su parte que imponga una carga irrazonable sobre el funcionamiento del Sitio Web.

7. HYPERLINKS

The User undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, the Website, as well as any of its contents, unless expressly authorized in writing by the person responsible for the file.

The Website may include links to other websites, managed by third parties, in order to facilitate the User's access to information from collaborating and/or sponsoring companies. In accordance with this, DATABITA is not responsible for the content of said websites, nor is it in a position of guarantor or/or party offering the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. The Websites that include a link to our Website (i) may not falsify their relationship or affirm that such a link has been authorized, nor include brands, denominations, trade names, logos or other distinctive signs of our company; (ii) may not include content that could be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iii) may not link to any page of the Website other than the main page; (iv) must link to the address of the Website itself, without allowing the Website that makes the link to reproduce the Website as part of its website or within one of its "frames" or create a "browser" on any of the pages of the Website. The Responsible may request, at any time, to remove any link to the Website, after which it must proceed immediately to remove it.

The Responsible cannot control the information, content, products or services provided by other websites that have established links to the Website.

8. DATA PROTECTION

To use some of the Services, the User must previously provide certain personal data. The Responsible will automatically process this data and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD and LSSI. The User can access the policy followed in the treatment of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.

9.COOKIES

The Responsible reserves the right to use "cookie" technology on the Website, in order to recognize you as a frequent User and personalize your use of the Website by pre-selecting your language, or the most desired or specific content.

Cookies collect the user's IP address, with Google being responsible for processing this information.

Cookies are files sent to a browser, through a Web server, to record the User's browsing on the Website, when the User allows their reception. If you wish, you can configure your browser to be notified on the screen of the reception of cookies and to prevent the installation of cookies in your browser. Please consult the instructions and manuals of your browser to expand this information.

Thanks to cookies, it is possible that the browser of the computer used by the User can be recognized in order to provide content and offer browsing or advertising preferences that the User, to the demographic profiles of Users as well as to measure visits. and traffic parameters, control the progress and number of entries.

10. REPRESENTATIONS AND WARRANTIES

In general, the contents and services offered on the Website are merely informative. Therefore, by offering them, no guarantee or declaration is made in relation to the contents and services offered on the Website, including, without limitation, guarantees of legality, reliability, usefulness, veracity, accuracy, or marketability, except in the to the extent that such representations and warranties cannot be excluded by law.

11. FORCE MAJEURE

The Responsible party will not be responsible in any case in case of impossibility to provide service, if this is due to prolonged interruptions of the electrical supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish law. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the registered office of the Responsible of the Website.

In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, the Responsible party will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.