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Legal Notice

1. About the conditions of use of the platform: its acceptance, modifications and validity.

These general conditions regulate the use of the service(s) associated with the web platform www.arquimea.com (hereinafter, “the Platform”), under the ownership of ARQUIMEA GROUP, S.A. (hereinafter, “ARQUIMEA” or “we”), entity with CIF A88016803, address at Parque Científico Leganés Tecnológico Margarita Salas, 10, C.P. 28918 Leganés, Madrid (Spain), and registered in the Mercantile Registry of Madrid, volume 37293, Folio 101, Section 8, Page 665049.

 

1.1. Platform Users.
Browsing and using the Platform gives you the status of user thereof and implies your full and unreserved acceptance of each and every one of the provisions included in these General Conditions of Use, according to the version published by ARQUIMEA in the moment in which the user accesses the Platform.
In any case, users of the Platform, registered or not, must be at least (18) years old, its use being prohibited by other users under that age, for which you assume responsibility for compliance with this condition, declaring to have the minimum age to access and use the Platform. ARQUIMEA may, at any time, request as much supporting documentation as is necessary in order to verify proper compliance with this condition.
ARQUIMEA, in case of violation by the users of the terms and policies to which the Platform is subject, may prevent the user from accessing it, as well as suspend the services that have been provided or, if any, deactivate user accounts. user, without this determining the right to a refund or monetary compensation for them.

 

1.2. Modification of conditions.
Therefore, we recommend that the user, each time he accesses the Platform, carefully read these conditions of use, since they may undergo modifications for legal, technical, corporate reasons or derived from self-regulation processes, own, or by adherence ARQUIMEA volunteer to existing codes of conduct of interest for its activity and the best protection of the rights of its users. Whenever possible, ARQUIMEA will publicize through the Platform, prior to its entry into force, any relevant modification of these conditions for the rights and interests of Platform users. If you do not agree, you can unsubscribe from the service(s) in question.

 

1.3. Validity.
The declaration of any of the conditions of use as null, invalid or ineffective will not affect the validity or effectiveness of the rest, which will continue to be binding between the parties. Likewise, the waiver by any of the parties to demand, at a given time, the fulfillment of any of these conditions, will not imply a general waiver of the fulfillment of any other condition or conditions imposed, nor will it generate an acquired right for the other party. part.

 

1.4. Duration.
Access to the contents of the Platform has, in principle, an indefinite duration.
ARQUIMEA is authorized to terminate or suspend the provision of services or the development of actions through the Platform at any time, albeit in full compliance with the applicable regulations in these cases. When this is reasonably possible, ARQUIMEA will give prior notice through the Platform of the termination or suspension of the provision of the services arranged through it.

 

2. General conditions of access and use of the platform.

Through the Platform, ARQUIMEA provides users with information, request, access and/or use of services or content (hereinafter, the “Service” or “Services”), developed or made available by ARQUIMEA under the terms and conditions provided for in each case.

 

2.1. Free nature of access and use of the Platform.

Access and/or navigation through the Platform by users is free of charge, which is understood without prejudice to the remunerated nature of the services that may be available through the Platform under the terms and conditions established by ARQUIMEA.

 

2.2. Navigation, registration and data forms.

In general, access to or initial navigation through the Platform does not imply or determine the prior subscription or registration of users. However, ARQUIMEA may condition the provision of certain services, or access to the content offered through the Platform, to the prior registration of the user in it, as well as to the completion by the user of the corresponding data forms. ARQUIMEA reserves the right to unilaterally modify, at any time, the registration system or the data forms provided on the Platform for legal, technical, corporate reasons or based on those self-regulatory processes to which it may be subject.

 

2.3. Veracity, accuracy and timeliness of the information provided by the user.

The data entered by users in the corresponding registration forms or in the data collection forms available through the Platform must be, at all times, accurate, current and truthful and will be processed by ARQUIMEA, in accordance with Spanish legislation personal data protection (in the case of personal data). The user (or their legal representative) will be solely responsible for any false, inaccurate or outdated statements made and for any damages caused to ARQUIMEA or third parties as a result of breach of this duty.

 

2.4. Obligation to make correct and responsible use of the Platform and the Services.

The user agrees to use the Platform and the Services in a reasonable manner in accordance with current regulations, these conditions of use, the particular conditions of the services, the privacy policy and other notices, regulations of use, and instructions placed in their knowledge, morality and generally accepted good customs, and public order. In case of breach of such commitments, ARQUIMEA reserves the right to exclude, prohibit or deny access to the Platform and its services, without prejudice to the possibility of exercising by ARQUIMEA any legal and/or judicial actions deemed appropriate. interest in attention to their legitimate interests and rights (own or third parties).

 

3. Uses not permitted.

Platform users are PROHIBITED from:

  1. Use any of the services or content available through the Platform for illicit purposes or effects, prohibited in these conditions, harmful to the rights and interests of ARQUIMEA, or third parties. Illicit purposes will be considered, among others, the use by users of the services or contents provided for a lucrative, commercial purpose, theft of secrets or business, promotional, advertising “know how”, which encourage them to participate in all types of gambling. chance, luck, raffles or bingos and third-party data collection. The use of the services and content on the Platform is of a merely corporate or personal nature as provided in these same Conditions and is addressed exclusively to users authorized by ARQUIMEA for these purposes.
  2. Damage, disable, overload, deteriorate or impede the normal use of the services through the Platform, as well as cyberattack in any way the Platform, associated systems or processes.
  3. Transmit, communicate or make available to third parties information, data, content, messages and, in general, any kind of content that:
    1. in any way is contrary to, disregards or violates the fundamental rights and public freedoms recognized constitutionally, in international treaties and in the rest of the applicable legislation, in particular, with respect to disabled people and other especially vulnerable groups such as minors or elderly people;
    2. in particular, is contrary to the right to honor, to personal and family privacy or to the image of individuals;
    3. or contradicts or infringes the fundamental right to privacy and protection of personal data.
    4. induce, incite or promote illegal, criminal, denigratory, defamatory, infamous, violent actions or, in general, are contrary to the law, morality and generally accepted good customs or public order;
    5. induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
    6. incorporates, makes available or allows access to elements, messages and/or services that are illegal, pornographic, criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and good customs in general accepted or to public order; (g) induces or may induce an unacceptable state of anxiety or fear; (h) induces or incites to engage in dangerous, risky or harmful practices for the health and physical or mental balance of people;
    7. is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from their owners the necessary authorization to carry out the use made or intended to be made;
    8. violates the secrets of ARQUIMEA or any other third party;
    9. is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that leads or may lead to error about its object or about the intentions or purposes of the communicator; (l) in any way undermines the credit of ARQUIMEA or third parties; (ll) constitutes, where appropriate, illicit, misleading or unfair advertising and, in general, that constitutes unfair competition;
    10. incorporates viruses or other physical or electronic elements that may damage or prevent the normal functioning of the social network, the system or computer equipment (hardware and software) of ARQUIMEA, or of third parties, or that may damage electronic documents, digital content and files stored on said computer systems or equipment; (n) causes, due to its characteristics (such as format, extension, etc.), difficulties in the normal operation of the services or access to the Platform or its contents.

In case of violation of these prohibitions by the users in question, and from the moment of reliable knowledge of the facts by ARQUIMEA, this entity may give them as many warnings as necessary in order to immediately cease such activities/actions; promote its immediate withdrawal or rectification; as well as not transmitting or, simply, not taking into consideration, where appropriate, possible assessments, opinions or comments made within the framework of the Platform.
In the event that such requests from ARQUIMEA are not met by the corresponding user, by mere legal or judicial mandate, or simply in response to their own legitimate interests or those of third parties, ARQUIMEA may block and remove from the Platform, at any time, the previous elements, information, evaluations and contents in case of knowing the illegitimacy of these without the need for prior notice to the users. It may also suspend, deactivate or delete the user’s account, if it exists, without this generating any right or monetary compensation in favor of the user.

 

4. Intellectual and industrial property.

The user agrees to use the content and services made available to them on the Platform, understanding by these, without this enumeration being limiting, the texts, graphics, images, icons, technology, software, links and other digital content. , audiovisual or sound, as well as its graphic design and source codes (hereinafter, the “Contents”), in accordance with the law, these conditions of use, the particular conditions of the services and other notices, regulations of use and instructions placed in his knowledge, as well as with morality and generally accepted good customs and public order. In particular, you agree to refrain from:

  1. Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the services and contents, unless you have the authorization of the owner of the corresponding rights or this is legally permitted;
  2. Deleting, manipulating or in any way altering the “copyright” and other data identifying the reservation of rights of ARQUIMEA or third parties.
  3. Exercising or abusing the exercise of the exploitation rights associated with such content, unless it has been expressly authorized for that purpose by its legitimate owner and, where appropriate, to do so under the conditions expressly agreed in this regard.

All trademarks, names, distinctive signs, content architecture (design, navigation, ordering and taxonomy of the Platform and its contents, etc.) and content or software of any kind that are incorporated into the Platform are the property of the ARQUIMEA, or third parties, without it being understood that the use or access to the Platform and/or the contents or services, attributes to the user any right over the aforementioned trademarks, trade names and/or distinctive signs, as well as over any other elements arranged through it.

In short, the contents and other services are under the intellectual or industrial property of ARQUIMEA, or of third parties, without being understood to be transferred to the user, by virtue of what is established in these conditions of use or of the services, none of the rights that fall or may fall on them, beyond what is strictly necessary for the correct use or access to the Platform and the services and contents (use not sub-licensable to third parties due to the characteristics of the service and other associated legal requirements) that , through it, are provided or could be provided to the user.

 

5. Hyperlinks.

Users and, in general, those who intend to establish a hyperlink between their website and the Platform (hereinafter, the “Hyperlink”) must comply with the following conditions:

  1. The Hyperlink will only allow access to the home-page or home page of the Platform, but may not reproduce them in any way, which includes the prohibition of reproducing or linking to specific content or services of the Platform without the express authorization and in writing from ARQUIMEA;
  2. A frame will not be created on the web pages of the Platform;
  3. No false, inaccurate or incorrect statements or indications will be made about ARQUIMEA, its senior officials, its officials or collaborators, or regarding the content or services provided, either directly or indirectly;
  4. It will not be declared or implied that ARQUIMEA or any other third party present on the Platform has authorized the Hyperlink or that it has supervised or assumed in any way the services offered or made available to the web page in which it is established. the hyperlink. With the exception of those signs that are part of the Hyperlink itself, the web page on which the Hyperlink is established will not contain any brand, name, label, denomination, logo, slogan or other distinctive signs belonging to ARQUIMEA or to third parties that are related to the itself, in particular, those visible through the Platform;
  5. The web page in which the Hyperlink is established will not contain illicit information or content, contrary to morality and generally accepted good customs and public order, especially regarding the disabled or especially vulnerable persons such as minors or persons of advanced age, nor will it contain content that violates any rights of ARQUIMEA or third parties.

The establishment of the Hyperlink does not imply, in any case, the existence of relations between ARQUIMEA and any third party included or existing in the Platform, on the one hand, and the owner of the web page in which it is established, on the other hand, nor the acceptance and approval by ARQUIMEA or such third parties, of its content or services.
In any case, ARQUIMEA may, at any time, urge people who have established a hyperlink between its website and the Platform to remove it, subject to any legal and/or judicial actions that may correspond.

 

6. Exclusion of guarantees and responsibilities.

ARQUIMEA does not guarantee the availability and continuity of the operation of the Platform and the services provided through it, whether its own or those of third parties. When this is reasonably possible, it will give prior notice of interruptions in the operation of the Platform, access to its contents, or the provision of the corresponding services.

ARQUIMEA also does not guarantee the usefulness of the Platform and of the content and services available through it for the performance of any activity or specific purpose that the user of the same intends.

ARQUIMEA does not control or guarantee the absence of viruses or other elements in the content that may cause alterations in its computer system (software and hardware) or in the electronic documents and files stored in its computer system, although it will adopt preventive and corrective measures necessary in this area.

ARQUIMEA does not absolutely guarantee the veracity, accuracy, completeness, timeliness, legality, reliability and usefulness of the contents and services of the Platform, in particular, those provided, offered, advertised or transferred by third parties unrelated to this entity.

ARQUIMEA may make technical link devices available to users through the Platform (such as, among others, links, banners, buttons), directories and search tools that allow users to access websites owned and/or managed by third parties (hereinafter, “Linked Sites”). The installation of these links, directories and search tools on the Platform has the sole purpose of facilitating users’ search for and access to information, content and services available on the Internet. The results of search tools are provided directly by third parties and are a consequence of the automatic operation of technical mechanisms, for which

ARQUIMEA cannot and does not control these results and, in particular, ARQUIMEA, as a mere provider of information society services, does not assume, direct or control, nor is it identified in any way with the opinions, comments or actions associated with users, nor does it carry out any editorial activity in this area. The user (and, where appropriate, their respective legal representatives) will be solely responsible for said opinions, comments or actions through the Platform.

ARQUIMEA does not assume, share or contribute, in any way, in the actions intended or carried out by the users of the Platform. The users (and, where appropriate, their respective legal representatives) will be solely responsible for the actions or measures that they intend, undertake or adopt based on the information accessed or transmitted through the Platform, on a basic basis, by other users. of the same.

ARQUIMEA, despite the multiple prohibitions, rules and recommendations addressed to the users of the Platform, does not guarantee, nor is it responsible in any way for the users to make use of the same, the services and the contents provided through this in a manner consistent with this legal notice or the privacy policy, nor that they do so diligently and prudently. However, it may implement security and detection systems in this area and will adopt all necessary corrective measures from the moment it has reliable knowledge of possible breaches in this regard, ensuring the general legitimacy of the services, content, ratings, opinions and comments that can be made through the Platform, The users of the Platform (and, where appropriate, their respective legal guardians) are, in general, the only ones responsible for the actions, evaluations, opinions, comments, content and information that they publish, transmit, communicate or contribute through the platform.

In all of the above cases, ARQUIMEA excludes any liability, damages or losses that occur or could occur, to the fullest extent permitted by the applicable legal system, whether against the user, their respective legal representatives or against any other third party.

 

7. Procedure in case of carrying out illegal activities.

In the event that any user, person or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any service and content provided through the Platform, or that their rights and legitimate interests have been violated, they may send a notification to ARQUIMEA, through any means valid in law in which, at least, the following extremes are contained:

  1. Identification and contact data of the claimant: name and surnames, postal and electronic address (email) for the purposes of notifications, national identification document, passport or equivalent legal document (including a copy or photocopy thereof), and identification number. telephone contact.
  2. Specification of the alleged illicit activity carried out on the Platform.
  3. In the case of an alleged violation of intellectual or industrial property rights, precise indication of these, supporting documentation in relation to them (if held), indication of the contents or protected elements, as well as their specific location on the Platform, where appropriate;
  4. Sufficient powers of representation (legal or voluntary). Depending on the case, Family Book and DNI, passport or equivalent document proving the identity of the legal representative (in the case of legal representative of a minor), sufficient powers of attorney (in the case of voluntary representatives of the claimant or affected person) .
  5. Express, clear statement and under the responsibility of the claimant, that the information provided in the notification is accurate and of the illicit nature of the use of the contents or the performance of the activities described.
  6. Handwritten or electronic signature of the claimant or affected person on whose behalf he acts and date.

ARQUIMEA, in these cases, will examine the notification sent and its attached documentation and, as soon as possible, will answer the claimant (or his legal or voluntary representative, as the case may be), without prejudice to his right to block or withdraw, temporarily or definitively, at any time, and without prior notice to the user, content, opinions, comments or any information or element that is the subject of the claim or related to it.

 

8. Withdrawal and suspension of services and content.

ARQUIMEA, in case of non-compliance by the user with these conditions of use and the Privacy and Cookies Policy of the Platform, also accessible from here, documents all of which the user fully and unreservedly accepts, may, according to the cases described in these documents, deactivate or delete the user’s account or prevent the user from using the Platform and the services associated with it, without this generating for the user, due to the user’s breach of their specific obligations, compensation, compensation or any right in this area.

Likewise, ARQUIMEA reserves the right to block and remove from the Platform, at any time, without the need for prior information to the user, the publication of data, elements, ratings, comments, opinions and, in general, any content that is or may be Contrary to the applicable legality, to the regulations and to the policies and conditions of its own.

In any case, ARQUIMEA reserves the exercise of any legal or judicial actions that may be appropriate in the face of such actions.

 

9. Legislation, applicable jurisdiction.

The present conditions are governed, in each and every one of its extremes, by the applicable Spanish law, resulting from the Platform, in case of conflict or divergence in the interpretation and/or execution of the same, or of any other of the particular conditions arranged on the Platform, waiving any other jurisdiction that may correspond to the parties, to the competent Courts and Tribunals of Madrid.