CONDITIONS OF ACCESS AND USE OF THE WEB.
A. General issues
MIGHTY POLYGON, through the web, provides information to its clients and users about its corporate identity, organization, activities, projects and services.
The information contained in the web referring to the company is current at the time of publication, ensuring that it is always accurate, proceeding to update as quickly as possible, trying to avoid mistakes and correcting them as soon how they could be detected. In any case, MIGHTY POLYGON cannot guarantee the absence of errors in it or that the content of the information is permanently updated.
MIGHTY POLYGON may make, at any time and without prior notice, modifications, deletions or updates of the information and conditions contained on the website or its presentation, configuration, access, use, functionality and content.
The information provided in response to any query or request for information is purely indicative and / or informative, and in no case will be binding for MIGHTY POLYGON, unless expressly indicated to the contrary.
The contents of the website can be downloaded into the user’s terminal, provided it for private use, and without any economic or commercial purpose, and cannot be reproduced for a different purpose, copy, exploitation, distribution, modification, public communication, assignment or transformation, unless specific and formal authorization.
B. General conditions of use of the website
These general conditions regulate the access and use of the web that MIGHTY POLYGON makes freely available to its customers and users. The present general conditions will be applied to the activities of information and / or content supply, as well as exploitation, management or publication of the same that are carried out through the web.
The access, navigation or use of any utility, tool, application or service of the web entails the acquisition by the user of such condition to the present effects.
The registration, access, navigation or use of the website implies the full acceptance and without reservation by the user of each one of the general conditions of access and use of the web, which are always in force. Registration as a user implies full and unreserved acceptance by the user of each one of the general conditions of access and use of the website, which are always in force. Consequently, if the user does not agree with any of the conditions set forth herein, he / she must refrain from accessing and using this website and its utilities and contents, as well as from registering in it.
MIGHTY POLYGON reserves the right to modify at any time these general conditions of use of the web as well as any other general or particular conditions, regulations of use, instructions or warnings that result from application. MIGHTY POLYGON reserves the right to modify at any time the presentation, configuration and location of the website, as well as the contents and conditions required to use them. And, likewise, MIGHTY POLYGON reserves the right to suspend, interrupt or stop operating the website or its contents, tools and applications at any time.
The conditions of access and use of this website are governed by the principles of legality and good faith, committing the user to use the website, as well as the information or services provided in accordance with the Law, morality, good customs and public order
1.1. Through the web, MIGHTY POLYGON provides its users with information about its corporate identity, activities, projects and services, as well as access to various contents, applications, data and own information, of third parties, general or particular (hereinafter “the contents “) made available to users by MIGHTY POLYGON or, in due time and case, by third parties.
2. Conditions of access and use
2.1. User requirements. The access and use of this website is aimed at people who wish to obtain information about the organization, its projects and services and use its tools, options and content, so that MIGHTY POLYGON is exempt from liability in the event that when filling in any contact form has been inserted false or erroneous data regarding the user, corresponding in any case the same to the user or their legal representatives. MIGHTY POLYGON reminds users of legal age who are in charge of minors, that it will be their sole responsibility to determine what services and / or contents are or are not appropriate for the age of the latter, there are computer programs that allow filtering and blocking access to certain contents and services.
2.2. Access and use of the website. The user accepts that the access and use of the web and / or the contents included in it takes place freely and consciously, under his sole responsibility. The access to the web and / or to the contents included in it does not imply any kind of guarantee regarding the suitability of the web and / or the contents included for specific profiles or purposes of the users. MIGHTY POLYGON may establish limitations and / or additional specific conditions for the use and / or access to the website and / or content, which must be observed by users in any case, especially with respect to the management platform in which will inform the user of their particular terms and conditions of use.
2.3. Authorized use of the web and contents. The user undertakes to make appropriate and lawful use of the website and its contents, in accordance with the applicable legislation, these general conditions of use of the website, morality and generally accepted good customs and public order. The user must refrain from: a) Making unauthorized or fraudulent use of the website and / or content; b) Access or attempt to access resources or restricted areas of the web, without complying with the conditions required for such access; c) Use the website and / or the contents for illicit purposes or effects, illegal, contrary to the provisions of these general conditions, good faith and public order, harmful to the rights and interests of third parties, or that of any can damage, disable or overload the web, the image or business of MIGHTY POLYGON, or prevent the normal use or enjoyment of the web; d) Causing damage to the physical or logical systems of MIGHTY POLYGON, its suppliers or third parties; e) Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of MIGHTY POLYGON, its suppliers or third parties; f) Attempt to access, use and / or manipulate the data of MIGHTY POLYGON, third party providers and other users; g) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless the authorization of the owner of the corresponding rights is available or it is legally permitted; h) Delete, hide or manipulate the legends and information on intellectual or industrial property rights and other data identifying the rights of MIGHTY POLYGON or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may inserted in the contents; i) Obtain and try to obtain the contents using means or procedures different from those that, according to the cases, have been made available for this purpose or have been expressly indicated on the website where the contents are or, in general, , of those commonly used on the Internet because it does not involve a risk of damage or disablement of the website and / or contents.
2.4. Introduction of Links. Those users wishing to establish a hyperlink, link or link between their website and the web (hereinafter the “link”) must comply with the following obligations: a) The link will only allow access to the website, but may not reproduce it. no way; b) Deep links are forbidden; c) Practices such as “framing”, “border environment” and any other use of the contents of the website or corporate image of the company in favor of users or unauthorized third parties are expressly prohibited; d) False, inaccurate or incorrect statements or indications about the web will not be made; e) You cannot express or induce to understand that MIGHTY POLYGON has supervised or assumed in any way the contents or services offered or advertised on the web in which the link is established or that there is a non-existent relationship or commercial, professional or corporate relationship; f) The website where the link is established will not contain any brand, commercial name, establishment label, denomination, logo, slogan or other distinctive signs belonging to MIGHTY POLYGON or to third parties, without their authorization; g) The website on which the link is established will not contain illicit information or content, contrary to morality and generally accepted good practices and public order, or contrary to any rights of third parties; h) The practice does not affect or may adversely affect the image of MIGHTY POLYGON and its products and services. The establishment of the link does not imply in any case the existence of any relationship between MIGHTY POLYGON and the owner and / or operator of the website on which it is established, nor the knowledge, acceptance and / or approval by MIGHTY POLYGON of its contents and / or services. MIGHTY POLYGON will not be liable for the consequences that may arise from the introduction of links by third parties, or the content, information and / or services offered on the websites where the link has been established. The website includes links to third-party websites that are considered to be of interest to users. MIGHTY POLYGON does not assume any responsibility derived from the connections or the contents of those links.
2.5. The user undertakes not to carry out advertising, promotional or commercial exploitation activities through or using the web and its contents, as well as not to use its contents or utilities and especially the information obtained from it to send advertisements, send messages with purposes of direct sales or for any other commercial purpose, nor to collect or store personal data of third parties.
2.6. The user agrees to comply with these conditions of access and use with any changes that may suffer in the future and that will be published immediately on the web and inserted in this section, as well as the particular conditions that result from application. Likewise, it is obliged to comply with the special warnings or instructions for use contained therein or on the website, and to act in good faith and in accordance with the Law, morality and good customs, using due diligence to the nature of the service, abstaining from using the web, utilities or contents in a way that could impede, hinder, damage or deteriorate the normal functioning of the same, the image, assets or rights of MIGHTY POLYGON, customers, suppliers or third parties.
2.7. To the present effects and for any communication that is necessary between MIGHTY POLYGON and the user, requests, questions, suggestions or complaints, this can be addressed by email to the following address email@example.com or by written communication addressed to the following address postal: Avenida Cortes Valencianas nº28, L’eliana (Valencia – Spain), ZIP 46183. MIGHTY POLYGON communications to the user will be made at the postal or electronic addresses provided by the latter when registering. The user expressly accepts the email as a means and channel of valid notification for the practice of any communication related to the web, its use, utilities, contents and / or the acquisition of goods or services.
3.- Industrial and intellectual property rights
3.1. The web application, design, developments, computer programs, technical documentation, user manuals, texts, images, trademarks and other distinctive signs, graphics, logos, buttons, color combinations, graphic representation, structure, selection, arrangement and presentation of their contents, audio, archives, databases and their own contents are protected by Spanish and European intellectual and industrial property laws and international treaties, being prohibited their reproduction, distribution, public communication and transformation, except for private use in the terms expressly authorized in these terms and conditions. All intellectual property rights over the application and associated tools, as well as its contents, are reserved for the owner.
3.2. The user acknowledges and accepts that all intellectual and industrial property rights over the contents and / or any other elements included in the website (including without limitation, trademarks, logos, trade names, other distinctive signs, texts, images, graphics, textures) , icons, photographs, designs, sounds, databases, menus, software, flow diagrams, presentation, programming elements, web design, audio and video), belong to MIGHTY POLYGON, its suppliers, brands and / or third-party owners. the same. In no case does access to the website imply any type of waiver, transfer, license or total or partial cession of said rights or expectation of right, unless expressly stated otherwise. The present general conditions of use of the web do not confer to the users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the web 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 MIGHTY POLYGON or the third-party owner of the affected rights.
3.3. MIGHTY POLYGON authorizes users to use, view, print, download and store the web and its contents in a lawful and legitimate manner, and provided that it is compatible with the purposes of the same, that is done with the sole purpose of obtaining the information contained for exclusive, personal and private use of the user is expressly prohibited, among other things, its use for commercial purposes, especially its distribution, public communication, transformation or decompilation, as well as for the realization of any practice or act of imitation or unfair competition-, that its integrity is maintained and that it is not modified or transformed – it is expressly prohibited, among other things, that the graphics, distinctive signs, icons or images available on the web are used, copied or distributed separately from the text or other images that accompany it-, and, in any case, as long as the origin and / or author of the same are indicated and, where appropriate, the symbol of the copyright and / or industrial property notes of its owners appear . It is strictly forbidden the use of 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 than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question.
3.4. The unauthorized use of the information contained on the website and / or its contents, its resale, as well as the infringement of the rights of intellectual or industrial property of MIGHTY POLYGON or its image in the market will entail the requirement of legal responsibilities that proceed before competent national or international bodies and courts.
5.1. MIGHTY POLYGON is aware of the risks derived from facing the new challenges involved in the provision of services or use of applications or communication tools through communication networks, especially the Internet, so has provided for stringent security measures to reduce such risks. However, MIGHTY POLYGON cannot guarantee the absolute invulnerability of its security systems, so it excludes any type of liability for damages of any kind and nature that may be due to the presence of viruses or other elements that may cause alterations in the computer system (software and hardware), terminals, electronic documents and files of the user or of any third party. MIGHTY POLYGON cannot guarantee the download of the contents made available to the user on this website through other distribution channels, authorized or not by it.
5.2. The user is informed that the use of electronic systems for data transmission, email and sending messages to mobile phones through technological platforms do not offer absolute guarantees of security. MIGHTY POLYGON and the user mutually exonerate themselves from any liability arising from events such as non-receipt or delay of the same, the error or interception of communications.
5.3. Access to the application and associated tools such as the non-consensual use that may be made of the information and contents thereof is the sole responsibility of the person who carries it out. MIGHTY POLYGON will not be held liable for any consequence or damage that may result from that access or use.
6.- Exclusion of guarantees and liability
6.1. Exclusion of guarantees and responsibility for the operation of the web and information services requested. MIGHTY POLYGON does not guarantee the availability and continuity of the functioning of the web, its contents or those of other websites with which a link has been established. Likewise, MIGHTY POLYGON will not be in any case responsible for any damages that may arise, with a merely enunciative character that does not limit a) The lack of availability or accessibility to the web and its contents or to those other sites with which established a link; b) The interruption in the operation of the web or computer failures, telephone faults, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, in the Internet system or in other electronic systems produced in the course of its operation; c) The lack of suitability of the web for the specific needs of the users; d) Other damages that may be caused by third parties through unauthorized inferences or intromissions beyond the control of MIGHTY POLYGON; e) The impossibility of providing the service or allowing access and use for reasons not attributable to MIGHTY POLYGON, due to the user, third parties, or force majeure and; f) The lack of permanent updating of its contents and of the divergences of the information, documentation and contents of the web, of its appearance, graphic representation and visualization with the printed version.
In order to reduce the risk of virus introduction on the web, MIGHTY POLYGON uses virus detection programs to control all the contents that it introduces on the web. However, MIGHTY POLYGON does not guarantee the absence of viruses or other elements on the web introduced by third parties other than MIGHTY POLYGON that may cause alterations in the physical or logical systems of users or in electronic documents and files stored on their systems, maximum if it is content distributed by third parties. Consequently, MIGHTY POLYGON will not be responsible in any case for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of users.
MIGHTY POLYGON adopts various protection measures to protect the web and its contents against computer attacks by third parties. However, MIGHTY POLYGON does not guarantee that unauthorized third parties cannot access the type of use of the website made by the user or the conditions, characteristics and circumstances in which said use is made. Consequently, MIGHTY POLYGON will not be responsible in any case for any damages that may result from such unauthorized access.
MIGHTY POLYGON will not be responsible for the inadequate functioning of the system if this is due to maintenance of the same, incidents that affect to international operators, to an overload of the system not attributable to MIGHTY POLYGON, to a defective configuration of the user’s equipment or to its insufficient capacity to support the essential computer systems to be able to use the service. MIGHTY POLYGON will not be responsible for failures and / or damages derived from the incompatibility of the services with other services or computer programs with which it is not specifically interoperable.
MIGHTY POLYGON is not responsible for failures that occur in communications and networks, not guaranteeing the availability and continuity of the operation of the application, associated tools and services, therefore MIGHTY POLYGON does not guarantee the absence of interruptions or errors in the access to the application, associated tools, its utilities or its content, or that all of this it finds permanently updated. MIGHTY POLYGON will carry out, as long as they are of its competence and there are no causes that make it impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections or lack of updating, all those tasks aimed at correcting errors, resetting the communication and update the tool.
6.2 Exclusion of guarantees and responsibility for the use of the web, contents, applications and / or related services. MIGHTY POLYGON does not control, in general, the use that users make of the web and its contents and applications. MIGHTY POLYGON does not guarantee or be liable under any circumstances for the use that users and / or third parties may make of the web, its contents, applications or related services, or the damages that may arise from it.
6.3 Exclusion of guarantees and responsibility for the contents. Mighty Polygon does not guarantee or be responsible for the adequacy of each of the contents published on the web for specific user profiles of the web. MIGHTY POLYGON does not edit the contents of third parties published on the web, consequently, it does not guarantee nor is responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of said contents. MIGHTY POLYGON will not be responsible in any case for any damages that may arise from a) The lack of legality, reliability, usefulness, accuracy, completeness, and / or timeliness of the contents originated by third parties; b) The unsuitability for any purpose and the disappointment of the expectations generated by the contents; c) Decisions or actions taken or avoided by the user relying on the information or data provided or provided in the contents, including without limitation the loss of benefits or business opportunities.
6.4 Exclusion of guarantees and liability in relation to the links. The website offers users technical link devices that allow users to access pages and / or websites belonging to and / or managed by third parties. MIGHTY POLYGON verifies the existing content on these pages at the time it establishes a link to them and does so in the good faith belief that such content complies with the applicable legislation. However, in no case, MIGHTY POLYGON is responsible, approves, nor does it own the products, services, contents, information, data, files and any kind of material existing in such web pages and does not control or be responsible, approves or makes the successive modifications of said materials. In the event that it deems it appropriate or is required by court or administrative order, MIGHTY POLYGON will remove the links to those web pages that infringe the applicable legislation and / or damage the rights of third parties.
6.5. MIGHTY POLYGON declines any responsibility for damages of any kind and nature that may arise from the lack of availability or uninterrupted continuity of the operation of the service motivated by causes beyond its control, of the loss of the benefit or expected utility that MIGHTY POLYGON or its users could have attributed to the utilities or services, or the fallibility of all this. MIGHTY POLYGON will not be liable in any case for any special or indirect damage, or for any other damage resulting from a loss of use, data or benefits, or in a legal action by contract, negligence or any other type, derivative or related to the use, performance or information available on the web.
7.- Actions in case of non-compliance
7.1. MIGHTY POLYGON reserves the right to exercise as many actions as you can under the current law and applicable at any time and in any case to demand the responsibilities arising from the breach of any of the provisions of these general conditions of use the website and / or related services by a user.
8.1. The declaration of any of these general conditions of access and use as null, invalid or ineffective will not affect the validity or effectiveness of the rest, which will remain binding between the parties. The waiver by any of the parties to demand at any given moment the fulfillment of any of the general conditions stipulated herein shall not imply a general waiver of compliance with another condition or conditions, nor shall it create a right acquired for the other party.
9.- Applicable law and competent jurisdiction
9.1. The present general conditions of access and use of the web will be governed and interpreted in accordance with the Laws of Spain. For the resolution of any dispute that may arise from the access and use of the web, the user and MIGHTY POLYGON submit, expressly waiving any other jurisdiction that may correspond, to the Courts and Tribunals of the city of Valencia (Spain).
© MIGHTY POLYGON LIMITED COMPANY 2018 ALL RIGHTS RESERVED