In accordance with the 15/1999 Data Protection Act, we must inform you that the information provided will be automatically included in the Nivoria SL database, a company incorporated in Spain, Madrid, Gta Santa Maria de la Cabeza 9 (28045 Madrid) CIF B-8516693, notatised by the Notary Milagros A. Home Nuño on September 7, 2007, entry number 606, Journal 1/ 1807 and registered on the Madrid Mercantile Registry in volume 24750, folio 191, Section 8, Sheet M-445 568. Registration 1. You may exorcise your access, rectification and opposition rights by written notice to the aforementioned address.
ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions (hereinafter referred to as the “Terms” govern the use of using Nivoria Solutions internet services www.nivoria.com (hereafter the Site) that Nivoria Solutions (hereinafter “NIVORIA” provides. The use of the Site, and the person using the site or service (hereinafter, the User), or individual accepts the general terms and conditions published by Nivoria by the User arriving on the Site. For this reason, the User must read the detailed contents of this disclaimer and comply to the conditions of use.
Por ello, el Usuario, debe leer detenidamente el contenido del presente aviso legal, en cada una de las ocasiones en que se proponga utilizar el Site.
The use of certain services and content offered to Users and /or through the Site is subject to certian specific conditions that, case dependent, may acceso a y/o la utilización de ciertos servicios y contenidos ofrecidos a los Usuarios en y/o a través del Site se encuentra sometido a ciertas condiciones particulares propias que, según los casos, may substitute, complete or modify the General terms and conditions, therefore the User must also read the relevant Conditions. By accessing or using the stated services or content you are fully accepting the Conditions published by Nivoria.
2. OBJECTIVE
Via the website, NIVORIA will grant the Users Access and the use of certain services and Content made available to the Nivoira Users o for third party Users of the Site, or to third party providers who offer services and content (herein referred to as “Services”).
NIVORIA reserves the right to modify at any momento and without due notice, the Presentation and configuration of the Site, and also has the right to modify, elimniate the at any momento without warning the Services and the required Access conditions in order to Access or use the site and teh Services.
3. CONDITIONS OF USE AND SITE ACCESS
3.1. FREE ACCESS AND USE OF THE SITE.
The web service that Niovira provides is free for its users and requires no subscription or registration. However, the use or performance of some services can only be done by the subscription, registration or engagement of the user. In some cases this may constitute a cost or charge for services rendered. .
3.2. Obligation to make proper use of the Site and Services de hacer un uso correcto del Site y de los Services
The User agrees to use the Site and the Services in a manner consistent with the Act, as provided in these Terms, with morals, good customs, public order and generally accepted behavior, and agrees not to use the Site and the Services for illegal purposes contrary to the General. The Site and Services will not be used to damage the rights, interests or image of third parties or in anyway damage, disable or impair the sites or Services to impede the normal use of the Site and Services by the Users
3.3. Means of obtaining content
The User shall not obtain or attempt to obtain information, messages, graphics, sound file and /or images, photographs, recordings, software and generally any kind of material accesible through the Site or the Services (herinafter the “Content”) using means or procedures other than those that have been placed at their disposal for the this purpose or have been highlighted to this effect on the website that they find the Content, or, the general usual usage of the internet, provided they do not pose a risk of Damage or Disable the Site, the Services and/or the Content.
3.4. Correct use of content
The User agrees to use the Content in a diligent, correct and lawful manner, and in particular agrees not to:: (a) Use the Content in a manner or for puroses contrary to law, morals, good customs and generally accepted use or publice order (b) reproduce, copy or distribute or allow publice Access thorugh any form of public comunication, transform or modify the content without prior permission from the owner (c) remove or change the “copyright” and other data identifying the rights of Nivoria or the owners in the content or with technical protection devices, digital fingerprits or any other information mechanisms that the Content may contain. (d) use the Content and any information obtained by Site or Services to send advertising comunication for direct marketing purposes or any other comercial purpose such as unsolicited messages sent to a multitude of people regardless of the purpose and to refrían from selling or divulging in any way, shape or from the aforementioned information; (e) and in particular, to perform any act contrary to the rules governing the protection of personal data, the market and consumers, intellectual property, fiscal rules, and honor privacy, image and the reputation of individuals or entities.
3.5. Password Usage
The User promises to be dilligent and keep secret any password`s/Username`s assigned to Access the Site and/or Services. Users are libale for ocsts and damages caused by the use of the Services by any third party that uses his Passwords/Usernames due to the careles loss by the User.
3.6. Obligation to adhere to instructions
The User agrees to diligently and faithfully to any instructions given by authorised personnel at Nivoira regarding the use of the Site and Services. This way, Nivoria or persons authorized by Nivoria will guide the Users with nombres específicos identificados necesariamente con “NIVORIA“.
3.7. Open forums
El User is obliged to make use of those Services that naturally allow the User to upload Content on the Site and make them accessible to other Users, like, for example, the chat service, forums, email, bulletin board, personal websites etc. (Moving forward the co-creation of “Open forums”) that comply with the law, these Terms and Conditions, good morals and behavior that is generally accepted by public order. The User agrees to not transmit, diffuse or make available to third parties the Open Forum Content that is: (a) in any way contravene, belittle or violate fundamental human constitutional rights, international treaties and judicial order (b) induces, incites or promotes criminal, slanderous, defamatory, violent activity, breaks the law or general morality and accepted good practice. c) Incites induces, incites or promotes actions or attitudes that are sexually, racially, religiously discriminatory or ageist; (d) incorporate, make available or provide access to products, items, messages that are criminal, violent, pornographic, degrading or against the law, morality and unaccepted by the public generally. (e) Induce an unacceptable state of anxiety or fear. (f) Induces or incites involvement in dangerous, risky practices that are harmful to health or mental imbalance. (g) False, ambiguous, inaccurate, exaggerated or made up; (h) protected by any rights or intellectual property belonging to third parties without the User having previously obtained legal permissions. i) violate the secrets of third parties. (j) Infringe the honorable, personal and family privacy and rights or individual image. (k) Infringe regulations on private comunication. (l) Generate illicit, deceitful or unfair publicity and, in general, constitute unfair competition. (m) Spread a virus or any other physical or electronic elements that may damage or impede the normal operation of the network, system or computer equipment (hardware and software) or third parties or that may damage the electronic documents and files stored on those computers. NIVORIA has no obligation to control or not to control the Content transmitted or made available to third parties by users through the open forums. Nevertheless, NIVORIA reserves the right to revise at any time and without notice, on their own initiative or at the request of third parties content transmitted or made available to third parties by users throughout open forums and prevent their transmission, dissemination or distribution to third parties in any case that is contrary to these conditions.
3.8. Introduction of hyperlinks that allow access to the Site and the Services.
The Users and in general those people who want to establish a link between their web page and any of the websites of the Site or the Services (hereinafter the “Hyperlink”must agree to the following conditions: (a) hyperlink will only allow access to the websites of the Site and the Services, but may not in any way be (b) deep links to the websites of the site or the Services, (c) does not create a browser or border environment on the websites of the Site and the Services;(d) false, incorrect or inaccurate statements on the web pages of the Site and Services will not imply or state that NIVORIA has authorized the hyperlink or has supervised or assumed in any way the contents or services offered or made available to the web page where the Hyperlink is established, (e) except for those signs that are part of the same hyperlink the page where the Hyperlink has been created or displayed will not contain any trademark, trade name, label, logo, slogan or any other distinctive signs belonging to NIVORIA. (f) the web page where the Hyperlink is established will not contain any illegal, immoral and generally unaccepted information nor will it contain any content that violates third party rights. By establishing an Hyperlink, this does not imply that a relationship exists between NIVORIA and the owner of the website on which it has been displayed, nor does it have the approval nor acceptance of NIVORIA to make any content or service available to the general public.
3.9. Liability for damages
The User is liable to take responsibility for damages of any kind that may incur as a result of any breach of contract to which they are bound by the Terms and Conditions.
Regardless, assuming that NIVORIA should incur an administrative fine o payment of any kind of compensation as a result of an administrative decision or a conviction or settlement agreement for the breatch of any commitments that the User has accepted in the Terms and Conditions, the User will reimburse the amount paid NIVORIA for this within thirty (30) days from the date of written notice received by NIVORIA.
4. PERSONAL DATA
To Access and/or use some of the services, users must provide a certain amount of prior information to NIVORIA staff (herinafter “Personal Data”), that NIVORIA will add to an automated file which will be registered by the relevant and corresponding authority. Eventhough, fundamentally the data that the User give to NIVORIA S.A will be used to obtain the right profiles to do email and direct marketing.
You expressly agree that your data may be passed to the company NIVORIA, located in Santa Maria Gta head 9 (28045 Madrid), to send to the end User information on topics that are believed to be of interest. The user can at any time revoke the consent granted on the present, as well as exercise your access, rectification, cancellation and opposition rights, by written notice to the address above to those effects.
The user consents that their data (name, surname and postcode) can be given to other entities in Spain, the European Union or the Marketing sector belonging to the Spanish Federation of Electronic Commerce and Direct Marketing (FECEMD) or various group sectors (Finance, Editorial, Education, Automotive, NGO´s, IT, Telecommunications, Consulting, Energy, Medicine, Textile, Home, Hygiene, Health, Products, Beauty & Personal Care, Furniture, Food, Collecting, Music, Videos, hobbies, Office Suppliers, Computers, Technology, Travel, Toys, Jewelry, Cosmetics, Cleaning and Insurance) so they can receive offers from various products or services that may be of interest. All customers will receive prior notification of these circumstances where and how legally enforceable.
The User consents that the use of his email address be used for external commercial communications. Permission may be revoked at any time by unsubscribing at www.nivoria.com NIVORIA warrants that it has taken appropriate security measures in its facilities, systems and files. NIVORIA also guarentees the confidentiality of personal data. Nevertheless, NIVORIA will disclose Personal data and any other information in its possession or accessible through its systems to the public authorities as required in accordance with the laws and regulations applicable to the case. Users have and may excersise their rights of Access, cancellation, recification and opposition by contacting NIVORIA on the following email address Info@nivoria.com or in writing to it´s registered office located in Santa maria Gta Head 9 (28045 Madrid). Users guarantee and confirm the truthfulness, accuracy, vadility and authenticity of the personal data provided and undertake to keep them updated.
5. Using the Site, Services and Content is the sole responsibility of the User. The User acknowledges and accepts that the use of the Site, Services and Content is their own responsibility.
6. EXCLUSION OF WARRANTIES AND LIABILITY
6.1. Warranty disclaimer and liability for the operation of the Site and Services.
6.1.1. Availabilty and Continuity
NIVORIA does not guarentee the avilabilty and continuity of the Site and Services. NIVORIA IS EXEMPT FROM ANY LIABILITY OR DAMAGES OF ANY KIND ARISING VFROM THE LACK OF AVAILABLITLY OR CONTINUITY OF THE SITE AND SERVICES.
6.1.2. Usability
NIVORIA does not guarentee that the Site and Services are useful for performing any particular activity. no garantiza que el Site y los Servicios sean útiles para la realización de ninguna actividad en particular.
NIVORIA IS EXEMPT FROM ANY LIABILITY OR DAMAGES OF ANY KIND ARISING VFROM THE LACK OF AVAILABLITLY OR CONTINUITY OF THE SITE AND SERVICES. .
6.1.3. Reliability
NIVORIA does not guarantee the reliability of the Site nor the Services, nor the pages that can be reached via the Site, Services or third party providers who diffuse, pass on, obtain or store content.
NIVORIA DISCLAIMS ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE LACK OF RELIABILITY OF THE SITE AND SERVICES AND IN PARTICULAR BUT NOT EXLUSIVELY, THE FAILURE OF ACCESS TO THE VARIOUS WEB PAGES OF THE SITE OR OTHER SERVICES, AND THE FAILURE OF THE TRANSMISSION, DISSEMINATION, STORAGE OR AVAILABILTY OF THIRD PARTY CONTENT OR RECIEVING OR OBTAINING ACCESS TO THE CONTENT.
6.2. Warrenty disclaimer of content liability.
6.2.1.Quality
NIVORIA does not control nor guarentee the absence of viruses in the Content, or the absence of other elements of the Content that may cause alterations in the system (software or hardware) or electronic documents and files stored on your computer system.
NIVORIA IS EXEMPT FROM ASSUMING ANY RESPONSIBILTY FOR DAMMAGES CAUSED BY A VIRUS OR ANY OTHER DAMAGING ELEMENT IN THE CONTENT.
6.2.2. Legality, reliabilty and usability.
NIVORIA does not guarentee the legality, reliabilty and usability of the Content.
NIVORIA IS EXEMPT FROM ANY LIABILTY OR DAMAGES OF ANY KIND ARISING FROM THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILTY, RECEPTION, OBTAINING OR ACCESS TO CONTENT, AND IN PARTICULAR BUT NOT EXCLUSIVELY FOR DAMAGES ARRISING FROM (A) BREACH OF LAW, ETHICS AND GENERALLY ACCEPTED BEST PRACTICES AS A CONSEQUENCE OF THE TRAFNSMISSION, DISTRIBUTION, STORAGE AND AVAILABILTY, RECEPTION, OBTENTION OR ACCESS TO CONTENT. (B9 THE INFRINGEMENT OF INTELLECTUAL PROPERTY, TRADE SECRETS OF CONTRACTUAL AGREEMENTS OF ANY KIND OF RIGHTS TO HONOUR PERSONAL AND FAMILY PRIVACY AND INTELLECTUAL PROPERTY RIGHTS AND OF ANY OTHER THIRD PARTY AS A RESULT OF THE TRANSFER, DISSEMINATION, STORAGE, AVAILABILTY, RECEPTION, OBTENTION OR ACCESS TO CONTENT. (C) ACTS OF UNFAIR COMPETEITION OR ILLEGAL ADVERTISING AS A RESULT OF THE TRANSMISSION, DISSEMINATION STORAGE, AVAILABILTY, OBTENTION OR ACCESS OF CONTENT.
(D) LACK OF TRUTH, ACCURACY, COMPLETENESS, RELEVANCT AND OR CURRENCY OF CONTENT, (E) MISLEADING INTERPRETATIONS OF THE CONTENT.
(F) THE FAILURE OR DELAY IN COMPLIANCE TO THE TERMS AND CONTDITIONS OR CONTRACTS WITH THIRD PARTIES THROUGHT OR IN CONNECTION WITH CONTENT ACCESS. (G) FLAWS AND DEFECTS OF ANY CLASS OF CONTENT TRANSMITTED, DISSEMINATED, STORED, MADE AVAILABLE, RECIVED OR ACCESSED VIA THE SITE OR SERVICES.
6.4. Disclaimer or warranties and liability for the content and services hosted outside of the Site.
The Site provides users the technical link devices (such as, links, banners, buttons), directories and search tools that allow userst to access websites belonging to third parties (herein after refered to as “Linked Sites”). The integration of these links, directories and search tools on the Site is intended soley to facilitate users to search for and access the information avaible on the interenet and does not pre-suppose any kind of link between NIVORIA and operators of Linked Sites.
NIVORIA DOES NOT GUARENTEE NOR ASSUME ANY LIABILTY FOR DAMAGES OF ANY KIND ARRISING FROM (A9 THE OPERATION, AVAILABILITY, ACCESSIBILITY OR CONTINUTITY OF THE LINKED SITES, (b) THE MAINTENANCE OF THE SERVICES, INFORMATION, DATA, FILES, PRODUCTS OR ANY KNIND OF MATERIAL EXISTING IN THE LINKED SITES, (C) THE TRANSMISSION OR DELIVERY OF THE SERVICES, INFORMATION, DATA, FILES, PRODUCTS OR ANY KIND OF MATERIAL EXISTING IN THE LINKED SITES, (D) THE QUALITY, LEGALITY, RELIABILITY OR USEFULNESS OF THE SERVICES, INFORMATION, DATA , FILES, PROCDUCTS OR ANY KIND OF MATERIAL APPEARING IN THE LINKED SITES WITH THE SAME TERMS SET OUT IN THE TERMS AND CONDITIONS 6.2 AND 6.3 REGARDING THE CONENT AND THIRD PARY SERVICES VIA THE SITE.
6.5. User warranty and liability disclaimer for the use of the Site, Services and Content.
NIVORIA does not control the access or usability of Users to the Site, Services and Content. NIVORIA does not guarantee that the users will use the Site, Services and Content in accordance with the law, these terms and conditions and where appropriate the special conditions that may apply morality, best practices and public order. NIVORIA IS EXCLUDED FROM ANY LIABILITY OF DAMAGE OF ANY KIND ARRISING FROM THE USE OF SERVICES AND CONTENT.
6.6. Identity and information on the users supplied by the users themselves, NIVORIA does not control nor offer any kind of guarantee regarding the identity of the Users, nor the accuracy, completeness or authenticity of the data that users provide about themselves and provide or make available to other users.
NIVORIA IS EXEMPT FROM ANY LIABAILTY FOR DAMMAGES OF ANY KIND ARRISING FORM THE WRONG IDENTITY OF USERS AND ANY LACK OF ACCURACY, COMPLETENESS AND/OR AUTENTICITY OF THE INFORMATION PROVIDED TO USERS ABOUT THEMSELVES AND MAKE ACCESIBLE TO OTHER USERS, AND ESPECIALLY DAMMAGES OF ANY KIND ARISING FORM THE THEFT OF PERSONAL DATA BY A THRID PARTY USER OR ANY KIND OF COMMUNICATION OR TRANSACTION CARRIED OUT VIA THE SITE.
7. NO LICENSE
NIVORIA does not permit the use of intellectual property rights and trade secrets relating to the software installed on your computer for use only with the Services, Site and content under these Terms and Conditions.
8. DENEGACIÓN Y RETIRADA DEL ACCESO AL SITE Y/O A LOS SERVICIOS
NIVORIA reserves the right to deny o cancel Access to the Site and/or the Services at any time and without giving any prior notice directly or via a thrid party to users who Violate these terms and
9. PROCEDIMIENTO EN CASO DE VIOLACIÓN DE DERECHOS DE PROPIEDAD INTELECTUAL
En el caso de que cualquier Usuario o un tercero considere que cualquiera de los Contenidos han sido introducido en el Site con violación de sus derechos de propiedad intelectual deberá enviar una notificación a NIVORIA en la que se contengan los siguientes extremos: (a) datos personales: nombre, dirección, número de teléfono y dirección de correo electrónico del reclamante; (b) firma auténtica o equivalente, con los datos personales del titular de los derechos de propiedad intelectual supuestamente infringidos o de la persona autorizada para actuar en nombre y por cuenta del titular de los derechos de propiedad intelectual supuestamente infringidos; (c) indicación precisa y completa de los Contenidos protegidos mediante los derechos de propiedad intelectual supuestamente infringidos, así como de su localización en el Site; (d) declaración expresa y clara de que la introducción de los Contenidos indicados se ha realizado sin el consentimiento del titular de los derechos de propiedad intelectual supuestamente infringidos; (e) declaración expresa, clara y bajo la responsabilidad del reclamante de que la información proporcionada en la notificación es exacta y de que la introducción de los contenidos constituye una violación de sus derechos de propiedad intelectual.
9. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
In the event that any User or third party considers that any of the contents have been placed on the Site are in violation of its intellectual property rights, they must send written notice to NIVORIA in which there are the following: (a) name, address, phone number and email address of the claimant, (b) authentic signature or equivalent, with the personal data of the holder of intellectual property rights supposedly in fringed or the person authorized to act on behalf the holder of the intellectual property rights allegedly infringed, (c) Precise and complete details of the content protected by intellectual property rights allegedly infringed, and its location on the Site, (d) a clear and express statement that the introduction of specified content is made without the consent of the owner of intellectual property rights allegedly infringed, (e) express statement, clear and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction the content is a violation of their intellectual property rights.
These notifications should be sent to the Department of Administration, info@NIVORIA.com, Gta Santa Maria de la Cabeza 9 (28045 Madrid).
10. TERM AND TERMINATION
The ongoing use of the of the Site service and other services is indefinite. NIVORIA, however, has the right to terminate, suspend or terminate at any time and without notice, the service of the Site and / or any of the Services, without prejudice to any provisions to in the corresponding Specific Conditions.
11. LAW AND JURISDICTION
These Terms are governed by Spanish law.
NIVORIA and the User, expressly waives any other jurisdiction, applying to the the Courts and Tribunals of the resident country of NIVORIA for any controversy that might arise from the provision of services subject to these Conditions. In the event that the user resides outside of Spain, both NIVORIA and the User, expressly waives any other jurisdiction other than the courts of the city of Madrid (Spain).
12. COOKIES
NIVORIA uses cookies when a user browses Web sites and pages of the Site. Our cookies are only associated with an anonymous user and your computer and do not provide references to the name of the user. NIVORIA cookies cannot read data off your hard disk or read cookie files created by other providers. NIVORIA encrypts user identification data for added security. Thanks to cookies, NIVORIA recognizes registered users after they have registered for the first time without having to register each time they access the areas and services reserved exclusively for them. Users have the ability to configure your browser to notify of the reception of cookies and refuse the use of cookies on your hard drive. Please read the instructions and manuals on your browser for further information. It is not necessary to allow the installation of cookies sent by Nivoria to use the Site; however some cases will require the user to register each time you access a service requiring prior registration.
For any suggestions or proposals please contact us by email at info@nivoria.com
The parties commit to resolve conflicts and renounce any other jurisdiction other than that of the User. This instills trust online and we adhere to a code of ethics, in controversial cases
For any suggestions or proposals please contact us by email at info@nivoria.com.
The parties submit, at its option, to resolve
conflicts and renouncing any other jurisdiction, the courts of
user’s home. Also, as an entity attached to and TRUST ONLINE
terms of its Code of Ethics, in case of disputes relating to the recruitment and
online advertising, data protection, child protection and accessibility, the user
may resort to the court system for resolving disputes of TRUST
ONLINE (www.confianzaonline.es).
