AIKENVAL TERMS AND CONDITIONS OF USE
1. Ownership of AIKEN VAL
The ownership of AIKENVAL resides with the company Tecnología ocular preventiva S.L (Valencia); with Company Tax ID No. B-98493356 and registered in the Valencia Commercial Registry, xxxxx, and contact E-mail address email@example.com (information provided in compliance with the provisions of article 10 of Law 34/2002 on Information Society and Electronic Commerce Services).
2. General terms and conditions of use and acceptance thereof
The purpose of the AIKEN general terms and conditions of use is to inform users of the services rendered by THE OWNER and regulate the use of AIKEN.
The use of the services of AIKEN constitutes acceptance as a user of these general terms and conditions of use without any reservations of any kind.
The OWNER reserves the right, at any time and without prior notice, to modify these general terms and conditions, which will enter into force from the moment they are published.
3. Industrial and intellectual property. Hyperlinks policy
3.1. All the content included on AIKEN, and in particular the brands, trade names, industrial designs, designs, texts, photographs, images, graphics, logos, icons, software or any other elements that may have industrial or commercial use are protected by industrial and intellectual property rights, which reside with THE OWNER or to other owners that have authorised the inclusion thereof in AIKEN. Any use or reproduction thereof without the express consent of THE OWNER is therefore expressly forbidden.
3.2. THE OWNER will not be liable for any violation of the intellectual or industrial property rights that may be committed by third parties that have claimed to be the owners of brands, trade names, industrial designs, patents, designs, texts, photographs, graphics, logos, icons or software at the time that any of these elements are included in AIKEN.
3.3. Under no circumstances shall access to AIKENbe understood to grant the user any type of authorisation or right, in particular in relation to the alteration, transformation, exploitation, copying, distribution or public communication of said content without the prior express consent of the corresponding OWNER or owners.
4. Scope of liability
THE OWNER applies quality control procedures aimed at guaranteeing the consistency of the content posted on AIKEN. THE OWNER takes no responsibility for possible mistakes in data from third parties. THE OWNER is exempt from all liability for damages of any nature that may arise from the following situations, amongst others:
• Interruption in the functioning or lack of availability of access to the Website;
• Violation of the user’s privacy and/or identity theft on the part of third parties;
• The possible transmission of elements that have a negative effect on computer systems;
• The accuracy, thoroughness and regular updating of the content of AIKEN;
• The accuracy, integrity or quality of the material generated and/or transmitted by the user; and
• Any use the user might make of the content or linked websites;
THE OWNER is exempt from any liability that might arise from interference, omissions, interruptions, computer viruses, telephone faults or disconnections in the operating of the electronic system due to causes beyond its control or force majeure, or which may result from delays or blockages in the operating of this electronic system caused by faults or overloading of telephone lines or the internet, as well as for any damages caused by third parties through unlawful interference beyond its control.
The user is solely responsible for any infraction they may commit or for any damages they may cause through the misuse of AIKEN; THE OWNER, its partners, collaborators, employees and representatives being exempt from any type of liability that might arise from the user’s actions. The user is solely responsible for any claim or legal, judicial or extrajudicial action begun by third parties against THE OWNER based on the misuse of AIKENand its content on the part of the user. In this case, the user will assume all expenses, costs and compensation that may be incurred by THE OWNER in connection with said claims or legal action.
5. Obligations of the user
The user acknowledges and accepts that use of the application and its services is entirely at their own risk. The user promises to use the content of AIKENin a diligent, correct and lawful manner, and agrees not to:
a) Use the content for purposes that are contrary to the law, ethics and good practices or public order.
b) Reproduce, copy, distribute, allow access to the public through any means of public communication, transform or modify the content, unless with the corresponding authorisation from its owner.
c) Use the content of the Website to send advertising or communications for the purpose of direct sales or for any other commercial purpose; send unsolicited messages to groups of people regardless of their purpose or market or disclose said information in any way.
6. Duration of the service
THE OWNER does not guarantee the availability and continuity of the functioning of the application. THE OWNER also does not guarantee the use of the application for the performing of any particular activity or the infallibility thereof.
THE OWNER is entitled to temporarily suspend access to the application for reasons of maintenance, repair, updating or improvement operations without prior notice.
Access to the application has a duration of one year, renewable by subscription; however, THE OWNER reserves the right to suspend access for users who violate the application’s rules of use without prior notice and take the appropriate legal measures.
In the event that any clause of these Terms and Conditions should be declared null and void, the remaining clauses shall remain in force and valid, and will be interpreted taking the parties wishes into account. Although THE OWNER may choose not to exercise any of the rights and powers granted herein, this will not under any circumstances imply the waiver of such except by express acknowledgement on the part of AIKENor due to the corresponding statute of limitations in each case.
8. Law and jurisdiction
The provision of the service is governed by Spanish law. Any disagreement or dispute that might arise from the interpretation of or compliance with these terms and conditions will be submitted to the institutional arbitration of the Arbitration Court of Barcelona, to which the designation of the arbitrator or arbitrators and the administration of the arbitration is entrusted, the parties hereby agreeing to comply with the arbitrator’s award.