1. Legal information
According to what is provided in Art. 10.1 of the Act 34/2002, 11 July, on information society and electronic commerce services, it is hereby stated that the owner of the website and provider of services is HOOPTAP, S.L. (from now on HOOPTAP) with head office in Valencia (Spain)bloque 3 -5, Calle Andarella, 1, 46950 Xirivella, Valencia, Valencia, CIF B98357007, registered in the Mercantile Registry of Valencia, volume 9348, book 6630, folio 102, section 8, page V-144383, 1st inscription.
HOOPTAP, as the entity responsible of the website, provides users the present document with which it wants to fulfill the obligations prepared in the above mentioned Act 34/2002.This is on information Society and Electronic Commerce; in the Organic Law 15/1999 of 13 December on Personal Data Protection; in the Royal Decree 1720/2007 of 21 December, which approved the Regulation for the development of the Organic Law 15/1999 of 13 December, on personal data protection; as well as informing every user about the conditions of use of the present website and the applications or widgets offered by HOOPTAP (in conjunction with the site, the “service”).
Any person who wants to access our web services assumes the role of user, committing himself to the observance and strict compliance of everything here disposed, so as to any other legal disposition applicable.
2. Access to services and acceptance of the conditions
Due to the very nature of our services, as well as its content and purpose, practically the whole browsing process can be done without the need of being registered.
These Conditions of use apply to every user of the service, which implies the adhesion to the General Conditions in the version published when they access the services. HOOPTAP reserves the right to modify, at any time, the presentation and settings of the Service, as well as the present General Conditions.
Therefore, HOOPTAP recommends every user to read the legal terms and conditions of use carefully, since, due to the very nature of the services, it is possible that they are modified or changes are included in the content of the present General Conditions.
3. Industrial and intellectual property of the Website
Every service offered by HOOPTAP, including but not limited to its programming, edition, compilation and other elements necessary for its functioning, designs, logotypes, text and/or graphics, are property of HOOPTAP, S.L. or it has a license or express permission by the authors and owners of the brands. Any content of the website is properly protected by the regulations on intellectual and industrial property, as well as registered in the appropriated public registers.
Regardless of the purpose for which they shall be used, total or partial reproduction, use, exploitation, distribution and commercialization, needs in any case the express written authorization by HOOPTAP. Any unauthorized use will be considered a failure to fulfill the author rights of industrial or intellectual property.
Designs, logotypes, text and/or graphics alien to HOOPTAP that could appear in the website pertain to their respective owners, being themselves responsible of any possible controversy that could be aroused on them. In any case, HOOPTAP has their express and previous authorization.
To do any kind of observation regarding a possible noncompliance of the rights of intellectual or industrial property, as well as a comment about any of the contents of the website, you can do it through our e-mail: info [@] hooptap.com
For the purposes of the present Conditions of use, HOOPTAP provides every user of the services a non-exclusive, non-sublicensable and non-transferable license to use the downloadable Content, only for personal and commercial use. The use, reproduction, modification, distribution or storage of Content for any use outside the very promotion and presentation of our company is expressly prohibited without the previous written permission of HOOPTAP, or the owner of the copyright identified in the copyright notice of such Content, as the case may be. The user will not be allowed to sell, license, hire, use or exploit the Content with commercial purposes and in no other way that violates the rights of third parties.
4. Rules and code of conduct
Users commit themselves not to use the service with any purpose prohibited by these Conditions of use. Each user is responsible for any activity related to the Service. Moreover, they will have to fulfill all the laws and rules applicable, both national and international and, if the user represents a company, the advertising, marketing, privacy or any other self-regulating codes applicable to its industry.
Specifically, the prevailing rules that regulate services are the ones below:
1. The User commits himself to fulfill the terms and conditions of these Service Terms, Community Rules, and every local or national law and international regulations.
2. The User commits himself not to impersonate any other person or organization. Otherwise, he could incur in a minor or major offence according to the Spanish Criminal Code and Civil Code.
3. The User commits himself not to interfere in the functions related to the safety of the service that prevent or limit the use or copy of any content. It is also completely forbidden the use of this web as a mean to organize attacks or spam on any other kind of services. It is completely forbidden to use contact forms for the mail of third parties’ commercial communications.
4. The User accepts that his behavior during the use of the service complies with the community rules which will be periodically updated, therefore every user must check them periodically. Including and not limited to the usage, publication, sending or any type of distribution of information through HOOPTAP’s platform when it:
• violates a patent, commercial brand, trade secret, copyright, publicity rights or another right of any person or entity violating a contract law or right;
• is illegal, false, deceptive or inaccurate, threatening, insulting, hostile, defamatory, slanderous, dishonest, invasive of privacy rights, offending, obscene, vulgar, pornographic, contains or depicts nudity or sexual activity, promotes intolerance, discrimination or violence, or is inappropriate according to HOOPTAP;
• includes computer viruses or other computational codes, designed or used for interrupting, damaging, disabling, limiting or interfering with the right functioning of any software, hardware or telecommunication device, or for damaging or obtaining unauthorized access to any system, data, password or other information about HOOPTAP or a third party;
• seeks the modification, adaptation, appropriation, reproduction, distribution, translation, creation of derived projects or adaptations, public showing, selling, commercializing or exploiting in any manner the service or content of the web, except with express authorization by HOOPTAP:
• reflects that somebody is impersonating any other person or entity, including HOOPTAP employees or representatives;
• includes identity documents or confidential financial information of any person or
5. Guarantees and Liability Exclusion
HOOPTAP reserves the right to terminate the access to the service at any moment and with no previous notice, be it for technical, security, control, or maintenance reasons, power failures or any other justified reason.
Consequentially, HOOPTAP does not guarantee the reliability, availability nor the continuity of the Web or the Services, so their usage by the users is carried out on their own account and risk, without any possibility, at any moment, of demanding accountability to HOOPTAP for that matter.
Moreover, HOOPTAP does not assume any responsibility derived from, including but not limited to:
• The utilization done by the users of the materials of the web whether they are forbidden or allowed, infringing the rights of intellectual and/or industrial property of contents in the web or third parties’ sites.
• Any eventual damage caused to the users for a normal or abnormal functioning of the search tools, organization or localization of contents and/or access to the services, generally speaking, from errors or problems generated in the development or instrumentation of the technical elements that conform the service.
• The contents of those pages that can be accessed by users from links in the web.
• Third parties’ acts or omissions, regardless of the possibility that these third parties can be linked to HOOPTAP by means of a contractual relationship.
In the same way, HOOPTAP excludes any responsibility for any kind of damage that could derive from the presence of viruses or any other wrongful elements in the contents that could produce alterations in the computational systems as well as in the files or systems stored in them, so HOOPTAP will never be responsible in case of:
• Errors or lags in the access to the services by the user when it comes to introduce data in the correspondent form or any eventual abnormality when these incidents are due to Internet problems, unforeseen circumstances or force majeure causes and any other unpredictable contingency alien to HOOPTAP’s good will.
• Failures or incidents that could happen in communications, deletion or incomplete transmission, so that there is no guarantee that the services of the website are constantly operative.
• Errors or damages caused to the website by an inefficient service use and in bad faith by the user.
• Non-functioning or e-mail address problems with the address provided by the user for the sending of requested information.
In any case, HOOPTAP undertakes to solve any eventual problem and offer any necessary support to the user to find a quick and satisfactory solution of the incidence.
6. Links to other Websites
HOOPTAP does not guarantee or assume any responsibility on damages caused in the access to third parties’ services/content through connections or links of linked sites nor on their accuracy or reliability. The function of the links appearing in HOOPTAP is only that of informing users about the existence of other information sources on the Internet.
HOOPTAP will not be in any case responsible of the outcome received through those links or the consequences derived from access to them. These third parties services are provided by them, so HOOPTAP cannot and does not control the lawfulness of their services and their quality. Consequentially, the user must be extremely cautious in the assessment and utilization of information and services appearing in third parties content.
7. Data confidentiality
According to what provided in Act 15/1999, of 13 December, on Personal Data Protection, HOOPTAP informs that every data it has access to, provided by users, will be incorporated to the entity files in order to enable the maintenance and management of the relationship with users.
HOOPTAP commits itself to the fulfillment of the obligation of secrecy on personal data, so it will adopt the necessary measures in order to avoid its alteration, loss, unauthorized treatment or access, always in view of the state of technology.
In the forms that gather personal data, each user will be informed about every purpose of such data gathering. The user will be liable, in any case, for the truthfulness of the provided data.
Every user has access to exercise, at any moment, the appropriate rights of access, rectification, cancellation and opposition, writing to HOOPTAP, S.L. at the following address: privacy [@] hooptap.com.
HOOPTAP informs you that by visiting this website, no personal data is registered automatically that identify a User, instead there is a specific non-personal and non-identifiable information with a specific user collected during the live session through devices known as “cookies”. “Cookies” are small text files that are generated in the User’s computer and allow us to obtain the following information:
• Date and time of access to the Website. This allows us to determine the hours of the heaviest traffic and make the necessary adjustments to avoid saturation problems during our peak hours.
• Number of daily visitors to each section. This allows us to know the most successful areas and increase and improve its content, with the purpose of users getting a more satisfactory result.
• Date and time of the last time the User visited the Website.
• Design of the content that the User chose in his first visit to the Website.
• Security elements that are involved in the access control to restricted areas.
9. Modification of the Conditions of use
HOOPTAP reserves the right, in its sole discretion, to modify or substitute any of these conditions of use, or to modify, terminate or interrupt the service (including among others, the availability of some feature, database or content) at any moment through the publication of a notification in the web or through the e-mail provided by the user. HOOPTAP can also impose limits on specific features and services or restrict the access to sections or the whole Service without previous notification or responsibility. It is the user’s concern to periodically revise if there is any change in these conditions of use. The continued use of the Service after the publication of any change means accepting those changes.
10. Applicable Law and Jurisdiction
For the resolution of any controversy or question related to the present website or the activities taking place in it, Spanish legislation will be applicable, therefore the parties are subject to it, remaining the Courts and Tribunals of Valencia competent for the resolution of any conflict derived from or related to its usage.
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