LEGAL NOTICE AND TERMS OF USE OF THE ATMIRAGE WEBSITE

Pursuant to provisions in Spanish Law 34/2002 of 11 July on Information Society Services, you are hereby informed that this Legal Notice and Terms of Use (hereinafter, “Legal Notice”) govern the access and use of this internet site www.atmirage.serquo.com (hereinafter, “Website”), owned by the company:

  1. Controller:
  • Owner: SERQUO Software S.A. (hereinafter, SERQUO)
  • Registered address: C/ Fuerteventura, 4- 28703, San Sebastián de los Reyes (Spain)
  • Tax ID Number: A80361439
  • Registration information: Registry of Companies of Madrid in Volume 3,196, Section 8, Sheet 72, Page M-54,507 1st entry
  • E-mail: dpd@serquo.com
  • Telephone: (+34) 91 65 74 471
  1. Acceptance

One who browses, as well as who simply accesses the website and/or merely uses the services offered through it, holds status as a user of the webpage (hereinafter, “User”). This circumstance entails full, unreserved acceptance of the terms in this Legal Notice, in the version published by SERQUO at the exact time that the User accesses the Website. SERQUO reserves the right to unilaterally amend clauses in this Legal Notice at any time and with no prior notice, as well as the configuration and, in general, all other contents or services on its webpage. Use of services and/or simply accessing the webpage entail acceptance of all amendments made. To this end, SERQUO recommends periodically reviewing this document, as well as its later amendments. Moreover, use of the Website is subject to the Privacy Policy and the Cookie Policy, of which the user is made aware through this Website, and which complete this Legal Notice.

  1. Use of the Website

The User is aware and voluntarily and expressly agrees that they are using the Website under all circumstances at their sole and exclusive liability. The User undertakes to use the Website, as well as its services and contents, without contravening governing law, good faith, generally accepted uses, and the public order. In using the Website, and for illustrative but not exhaustive purposes, the following are prohibited:

  • Accessing any section of the Website, other systems or networks connected to the Website, or any of SERQUO’S servers without authorization, by means of hacking, password mining, or any other illegitimate means.
  • Any conduct that may harm, interrupt, or cause any operational error on the Website or to third-party devices, in particular by unnecessarily overloading the Website’s infrastructure, as well as systems and networks connected to the Website.
  • Transfer, install, or publish any program, virus, or harmful file.
  • Collect, disseminate, or provide other users’ personal data to third parties.
  • Reproduce, distribute, or manipulate the Website’s content without the owner’s express authorization.

 

  1. Intellectual and industrial property

All industrial and intellectual property rights, as well as all information on the Website (images, marks, graphic designs, source code, design, browsing structure, databases, and all other content that appears on the Website) are exclusively owned by SERQUO or, if applicable, have been duly licensed by the owner.

The designations of other products, services, and companies who appear in this document or on the Website may be marks or other distinctive signs registered by their respective and legitimate owners, and it shall not be construed that access to, or use of the Website grants the User any right to said registered marks and other distinctive signs.

The User is solely authorized to view and obtain a private, temporary copy of the contents for their exclusive personal and private use on their IT systems (software and hardware), and this may not be transferred to third parties later. With the exceptions above, the User is expressly forbidden from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, forwarding, or using the contents in any way, through any means or procedure, barring cases when doing so is legally permitted or expressly authorized in writing by SERQUO and/or the owner of the aforementioned rights. For illustrative but not exhaustive purposes:

  • The User is not authorized to use the information on the Website to conduct commercial or professional activities (direct sale or for any other commercial purpose, as well as the sale of this information in any way).
  • The User is not authorized to delete, sidestep, or manipulate the copyright, or any other protection mechanisms.
  • he User is not authorized to dismantle, decompile, or invert the databases on which the Website’s information is stored. Unauthorized use of the information contained on this Website, its resale, and causing harm to SERQUO’S industrial and intellectual property rights shall incur liabilities as established by law.

In the event that the User sends information of any sort to SERQUO through any of the channels provided to this end, the User declares, guarantees, and agrees that they have the right to do so, that this does not violate any intellectual or industrial property right, commercial secret, or any other rights of third parties, and that said information is not confidential.

If the User is aware of the existence of any content that is unlawful or illegal or contrary to the law or that could entail an infringement upon intellectual and/or industrial property rights, said user must immediately notify SERQUO at SERQUO@SERQUO.COM.

  1. Link policy

SERQUO does not control the content, terms of use, or practices of third-party websites, nor shall it be held liable for any of these items.

The User acknowledges and agrees that SERQUO is not liable for the availability of third-party websites and does not guarantee or undertake any liability for harm and damages suffered from accessing third-party contents through possible connections or links to sites linked to from the Website.

As applicable, the function that these hyperlinks or technical link devices (e.g., links, banners, and buttons) may have is exclusively to inform users of the existence of other information sources or other contents and internet services. Under no circumstances shall SERQUO be held liable for the result obtained through said hyperlinks or technical link devices (e.g., links and buttons) or the consequences stemming from users accessing them (linked sites). These third-party contents are provided by said third parties, so SERQUO cannot control the lawfulness of said contents, nor the quality of the services they offer. SERQUO does not offer or sell, neither on its own, nor through third parties, the information, contents, and services available on linked websites, nor does it approve, supervise, or control the contents and services in any way, nor any other material of any sort present on these linked websites. The User browses them at their exclusive liability.

Moreover, it is expressly forbidden to insert hyperlinks or technical link devices (e.g., links, banners, and buttons) for commercial purposes on websites not owned by SERQUO that grant access to this domain without SERQUO’S previous written consent. In any event, the existence of these hyperlinks shall not entail, under any circumstance, the existence of commercial or mercantile relationships with the owner of the webpage where the hyperlink is established, nor SERQUO’S acceptance of its contents or services. In any event, SERQUO reserves the right to prohibit or render useless all hyperlinks or technical link devices (e.g., links, banners, and buttons) to its website at any time, especially in cases where the activity or contents of the website where the hyperlink or technical link device is included are unlawful.

  1. Liability limitation

SERQUO hereby declares that all technological measures necessary have been taken, within its possibilities, to guarantee the Website’s proper operation. It commits to making periodical improvements to avoid all errors in contents that may appear on the Website.

SERQUO shall not guarantee or be held liable for:

  • The availability or continuity of the contents on its webpage.
  • Errors in said contents.
  • Temporary interruptions in service, delays, errors, improper operation and, in general, other inconveniences stemming from causes beyond SERQUO’S control, and/or that are due to the user’s malicious or negligent action, and/or that are caused by force majeure.
  • Viruses or other elements that may alter the User’s IT systems (software and hardware) or their electronic documents and the files contained therein.
  • When the User uses the Website’s content such that it may pose a violation of any domestic or international regulation on intellectual or industrial property rights or any third-party rights.
  • Possible security errors that may occur, or possible harm that may be caused to the User’s IT system (hardware and software) and the files and documents stored therein, as a result of improper browser operation or using browser versions that have not been updated.
  • The condition of the links contained on this Website and that may lead the User to other sites and webpages managed by third parties. SERQUO shall not be held liable for the contents nor condition of these websites and pages. Accessing them through this Website does not entail SERQUO’S recommendation or approval of their contents.
  1. Confidentiality and data protection

All personal data provided while using the Website shall be processed pursuant to provisions in the Privacy Policy.

  1. Advertising

Pursuant to the Law on Information Society Services and e-Commerce (LSSICE, in Spanish), the policy regarding email is focused on only sending communications that the User has asked to receive. If you do not wish to receive these messages by email, you may write to the email address SERQUO@SERQUO.com.

 

  1. Cookie Use

This website uses cookies. All the information on them is set forth in our Cookie Policy.

  1. General terms of use of social media profiles

Social media may include opinions, recommendations, or statements made by third parties that do not necessarily reflect SERQUO’S opinions, nor indicate its commitment to a certain line of action.

Under no circumstances should the information provided through SERQUO’S profile on social media be considered comparable to professional and in-person consulting.

SERQUO shall not be held liable for user actions. Users shall be held responsible for liabilities that may arise in the following circumstances:

  • If any information appears on social media that was not posted or shared by SERQUO, or that may have been posted by a different third party.
  • If the social media network is inoperative due to technical reasons attributable to the owner of the platform itself, third parties, or unforeseeable causes or force majeure, as these circumstances are at the social media’s, or if applicable, the third party’s liability.
  • If the social media network amends any of its legal notices and/or terms of use.
  1. Duration and termination

The existence of the Website, as well as the provision of services provided on it, in principle, is indefinite in duration. Notwithstanding, SERQUO is authorized to terminate or suspend provision of the aforementioned services and cancel the Website at any time. When it is reasonably possible to do so, SERQUO shall inform users in advance of the termination or suspension of the Website, as well as, if applicable, of the services it offers.

  1. Applicable law and jurisdiction

All litigation matters related to the use of this Website shall be subject to Spanish law. To rule on all matters that may arise or suits that may be filed in relation to the provision of services and/or contents through the Website, as well as the interpretation, application, compliance with, and/or failure to comply with provisions established in this document, the Courts and Tribunals of Madrid shall be competent.

 

This Legal Notice and Terms of use were updated 10/09/2019. SERQUO Software, S.A. All rights reserved.

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