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General terms and conditions for use of the website www.datumize.com

Information of the company that manages the website

Datumize S.L. ("Datumize")
Esteve Terradas 1, Office 203 RDIT Building, 08860 Castelldefels (Barcelona), Spain
E-mail address: contact@datumize.com
Tax Identification Number B66323080
The company is registered in Volume 44.370, Sheet 159, Page nº B-454207, Inscription 1 of the Companies Registry.

1. Access and use of the Website

1.1 Access to the Website

These general terms and conditions of use ("General Terms and Conditions of Use") shall govern the use of the website www.datumize.com ("Website"), which belongs to Datumize. The purpose of the Website is to make available to the users information about Datumize activities’ and provide different types of services.

1.2 Agreement to the General Terms and Conditions of Use and, where appropriate, the Specific Conditions

By accessing the Website, you, the User, agree to these General Terms and Conditions of Use so please read them carefully before using the Website. If you do not agree to these General Terms and Conditions of Use, please do not use the Website or its contents.

Some of the above-mentioned services may be subject to specific conditions established at any time. From now on, such conditions, or any other specific conditions for the services offered on the Website at any time, shall be referred to as "Specific Conditions".

In addition, Datumize informs the users of the Website that these General Terms and Conditions of Use and the Specific Conditions can be modified or amended at any time without notice. Therefore, the User must read and agree to these General Terms and Conditions of Use and, where appropriate, the Specific Conditions each time he or she wishes to use the Website.

1.3 Registration and use of electronic signature

Some of the services mentioned may require user registration by means of a registration form. Once the registration form has been filled out, the User must agree to the Privacy and Commercial Communications Policy and the appropriate Specific Conditions.

The User must activate a user code and personal passwords in order to fully use and enjoy some of the services. This identification system shall have the status of electronic signature of the User in every way when dealing with Datumize and the rest of the users of the Website ("Electronic Signature").

The Electronic Signature of each User shall be personal and non-transferable. The User is obliged to inform Datumize of any changes to his or her personal data and is responsible for preventing unauthorized access and/or use of the Electronic Signature by a third party on his or her behalf. In addition, the User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.

In any case, the User shall be responsible for using the Website properly and safekeeping the Electronic Signature and shall refrain from using the Electronic Signature for illicit purposes or for any purpose that violates these General Terms and Conditions of Use or any Specific Conditions.

1.4 Website Use. Legal age

The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to use the Website and the information contained therein properly, and to comply with any given applicable regulation.

2 Datumize responsibility for the information contained in the Website

2.1 Operation of the Website

Datumize makes its best efforts to keep the Website in good working order without errors, or in the event of errors, to amend or repair them, and to keep up-to-date the Website contents. However, Datumize does not guarantee that the access to or use of the Website will be uninterrupted or error-free, or that its information will be accurate and up-to-date at all times. The User agrees to the foregoing and commits to act with the greatest diligence and prudence when accessing and browsing the Website or when enjoying the contents, information or services available therein.

2.2 Amendments to the information contained in the Website

Datumize reserves the right, at any time without notice, to amend, remove or update the information contained in the Website, including its configuration and presentation.

2.3 Use of the information contained in the Website

Access to the Website and the use of any information contained therein shall be at the users responsibility exclusively. As a result, Datumize is not responsible for any damages that could derive, directly or indirectly, from the access or use of the information contained in the Website.

Likewise, Datumize states that the information and contents contained in the Website are for information purposes only and, therefore, Datumize assumes no responsibility or liability derived from any harm that may occur to the User, directly or indirectly, from the use of such information.

Additionally, Datumize is not responsible for any harm to the software or hardware of the User that may result from access to the Website.

3 Responsibility of the User

3.1

The User is aware, and voluntarily agrees, that the use of the Website is, in any case, under the User’s sole and exclusive responsibility. Therefore, the User shall be responsible for damages of any kind that Datumize could be exposed to as a consequence of the breach of any of the obligations the User is subject to by virtue of these General Terms and Conditions of Use or the Specific Conditions or any laws applicable to the use of the Website.

4 Hyperlinks policy

4.1

Datumize assumes no liability derived from the connection to or the contents of hyperlinks to third party websites, nor does their existence imply that Datumize supports, promotes, guarantees or recommends the linked websites.

4.2

Likewise, any third party who wishes to link its website to the Website must obtain the express written consent of Datumize. In any case, Datumize does not assume any liability derived from the connection to or the contents of third parties’ hyperlinked websites to the Website.

5 Privacy and Commercial Communications Policy

5.1

When the User provides personal data to Datumize, either during registration, navigation, when making inquiries, requests or simulations through the Website, the Privacy and Commercial Communications Policy shall apply, which must be previously accepted by the User.

6 Industrial and Intellectual Property

6.1

All Website contents (including but not limited to databases, images, photographs, patents, utility and industrial models) are the property of Datumize or its content providers, in which case those contents have been licensed to Datumize, and they are protected by Spanish or international regulations governing industrial and intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the Website is exclusively owned by Datumize and is protected by the applicable laws governing industrial an intellectual property.

6.2

All the software utilized for the use and development of the Website is the property of Datumize or its software providers, and is protected by the laws governing industrial an intellectual property.

6.3

All brands, labels, distinguishing symbols or logos that appear on the Website are the property of Datumize and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Website may be brands or other distinguishing symbols registered by each of their rightful owners.

6.4

All texts, graphs, drawings, videos or audio supports are the property of Datumize or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents.

6.5

The fact that Datumize makes available to the users the databases, images, photographs, patents, utility and industrial models, drawings, graphs, text files, audio files, video files and software owned by Datumize, the providers that appear in the Website, does not mean, in any case, the assignment of their ownership or any right of exploitation in favor of the User, other than the rightful use of the Website consistent with its purpose.

6.6

It is strictly prohibited to use the contents of the Website without the authorization of Datumize. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of Datumize’s intellectual property rights, and shall be punished according to applicable laws.

7 Website access from mobile devices

7.1

All the provisions of these General Terms and Conditions of Use shall be applicable to every access the User makes to the services from a cellphone or other mobile device.

7.2

In this regard, Datumize will not charge for mobile access to the contents or services of the Website. However, the User’s telephone operator may charge a fee for the transmission and reception of the data.

7.3

Datumize is not responsible for the restrictions that the telephone operator may impose, which could prevent the User from undisturbed access to the contents or services.

8 Applicable Law and Jurisdiction

8.1

The access to and use of the Website shall be governed and construed in accordance with Spanish law.

8.2

Any dispute that may arise from or in connection to Datumize and the Website users shall be settled in the Courts of Barcelona, Spain. To this end, the parties expressly renounce their own jurisdiction and submit to the jurisdiction of the Courts of Barcelona, Spain.

8.3

The original version of these General Terms and Conditions of Use is written in the Spanish language, and in the case of dispute the Spanish version shall prevail over any subsequent translations.