Version published the 25th of march of 2015.
1. Titularity of the website
1.1 The holder of the website http://endermetrics.com is D. Jacobo Pedrosa Marin (henceforth, HOLDER) with address at Calle Xops, 3. Cabrils 08348 Barcelona (Spain) with Tax ID 46363423-T.
Contact email: firstname.lastname@example.org
2. Realm of object and application
2.1 The present conditions of use and contract regulate the use of the website www.endermetrics.com (henceforth, WEBSITE or PLATFORM), and the acquisition of the tool (henceforth “TECHNOLOGY” or “TOOL” that allows the user to obtain, from third-party Apps, statistical information about usage that is completed by the user with the APP.
2.3. Every user that accesses the WEBSITE and/or contracts the products or services offered through the WEBSITE (henceforth the USER), accepts being subjected to the present conditions of use and contract.
2.3. Access to the WEBSITE, being the home page or any other of its pages, directly or through any link or domain name that redirects to it, confers upon the visitor the conditions of being a user (henceforth, USER), and requires the acceptance of all the conditions described in this document. Users that contract any of the products or services of the HOLDER through the WEBSITE will keep the double condition of USER, in accordance with the usage that is completed at every moment on the WEBSITE.
2.4. The HOLDER reserves the right to modify, at any moment and without prior warning, the offer of products and services or any other aspect of the present legal advice, including the conditions of the contract, and if said modifications should be communicated to the USER.
3. Objective and personal nature of EnderMetrics services.
The WEBSITE and the contract of the TECHNOLOGY offered by the HOLDER is exclusively directed toward professionals or companies, not the aforementioned regulation, therefore being applicable on the subject of consumers. If you are thinking about your personal use -not professional- of this WEBSITE or of the products or services offered on it, you should contact us previously, with the goal of defining the contractual framework that will regulate the relationship between the HOLDER and you.
4. Age Restrictions
4.1. Access to the WEBSITE is directed toward those older than 18 years of age.
4.2. To use the services, those under age should have the previous permission of their parents, guardians, or legal representatives, who will be considered responsible for all acts done by minors under their charge.
5. Intellectual and industrial property
5.1. The HOLDER holds all rights of intellectual and industrial property or has obtained the authorizations or necessary licenses for use, associated with the domain name, brands, and distinctive features, published content, computer programs, and other works and inventions contained on or related to this website and the associated technology.
5.2. The contents of this WEBSITE, including, in an unlimited way, the technology, designs, applications, text, images, and source code, are protected by intellectual and industrial property rights.
5.3. The contents of this WEBSITE cannot be used, reproduced, copied, changed, or transmitted in any way without previous written and explicit permission of the HOLDER.
5.4. The HOLDER grants the USER with a not exclusive, universal, usage license without geographic or seasonal limitations upon the technology of the HOLDER.
5.5. The USER declares that they have all permissions and licenses of the images, distinctive features, and contents that can be included and/or published in communications.
5.6. EnderMetrics is a registered trademark.
6. Conditions of contract
6.1 The USER can access the TOOL by registering on the PLATFORM, so that they will receive a confirmation by email at the email address provided.
6.2. The USER, at the moment of the contract, will be informed of the prices of the TOOL, that, in any case, will include applicable taxes at the moment, that to this end are indicated, indicating also the means of payment accepted by the HOLDER. http://endermetrics.com/pricing/
6.4. The HOLDER will implement as many security measures as deemed sufficient to guarantee the confidentiality and the secrecy of the information that is gathered on the part of the TECHNOLOGY, always in agreement with the state of the technology at each moment.
6.5. The HOLDER, with the exclusive objective of lending the service of analysis, will be able to access the information gathered by the USER, in which case he/she will access, in his/her capacity, of the processing on the basis of the aforementioned in Article 12 of law 15/99 from the 13th of December for protection of personal information (henceforth, LOPD), and Articles 19 on of the Royal Decree 1720/2007 from the 21st of December of development of the Regulation of the LOPD.
To these effects, the USER expresses, at the moment of gathering information and/or personal information in any case, compliance with the applicable laws in each country.
7. Rules of use of the contracted technoloygy
7.1. The USER is committed to using the TECHNOLOGY of the HOLDER in agreement with the following rules of use:
7.2. The USER is committed to NOT incorporating in their APPS contents that collect any of these requirements:
7.2.1. Contents that go against public order.
7.2.2. Contents whose intellectual property rights belong to a third-party, when authorization for their publication is not granted.
7.2.3. Offensive content or those that pose threats or serious abuses.
7.2.4. Content that impinge on childhood or are against assets especially protected by the legal system of Spain.
7.2.5. Content related to products whose publicity or promotion are regulated by law or are restricted for determined groups.
7.2.6. Any other content that, at the judgment of the HOLDER, is deemed offensive, wrongful, or goes against internal values and norms.
7.3. The HOLDER can suspend the use of the TECHNOLOGY according to his/her own criteria, violating any of the norms and obligations described in these legal terms, or could be considered inappropriate and/or false by the HOLDER.
7.5. In the case that a USER or any third-party has knowledge of any infringement of the regulations described here or others that could damage property, rights, or protectable interests, he/she must put him/herself in contact immediately with the HOLDER through the email address email@example.com, indicating the infringement. The HOLDER, once the communication is received, will employ maximum diligence in paying attention to and resolving said infringement.
8. Exoneration of responsibility
8.1. The HOLDER will not be responsible for the Apps under ownership of the USERS; the USERS assume any responsibility that the information is derived from, contents, and personal information managed by the App.
8.2. Without detriment to the control and diligence measures that the HOLDER has implemented, in no case will he/she assume any responsibility for the lack of service or interruption of service due to the failure or malfunction of telecommunication networks.
8.3. The links contained on the WEBSITE of the HOLDER can be directed to third-party websites and the HOLDER incorporates them to facilitate the navigation of the USER, but in no case does the HOLDER assume any responsibility for the content, information, or services that could be offered or published on said sites, that will have informative nature exclusively and that in no case imply any relationship between cited third-party and the HOLDER.
8.4. The HOLDER will develop maximum diligence in the implementation of security measures; however, he/she assumes no responsibility related to the custody and good use of passwords to access the TECHNOLOGY, which will be the exclusive responsibility of the USER.
9. Protection of personal information
10. Legislation and applicable jurisdiction.
10.1. In that stated in the present contract, as well as in the interpretation and resolution of conflicts that could arise between parties, will be applied to the Spanish legislation.
10.2. The parties, with express waiver of any other jurisdiction, allowed by law that could correspond, are subject to the jurisdiction of the courts of Barcelona.