Aviso legal
LEGAL NOTICE OF THE DAVINCI TECH, S.L. WEBSITE
DAVINCI TECH, S.L., as the person responsible for the website, hereinafter the RESPONSIBLE PARTY, makes this document available to users in order to comply with the obligations set forth in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all website users regarding the terms and conditions of use.
1. IDENTIFICATION DATA
Corporate Name: DAVINCI TECH, S.L.
Trade Name: DAVINCI
NIF: B13829494
Registered Office: Calle Altozano, 16, Tomares, 41940, Seville Email: info@davincitech.es
2. PURPOSE
Through the Website, we offer Users the opportunity to access information about our services. The User is informed and accepts that accessing the Website does not, in itself, signal the start of a business or any other type of relationship with the Company. To contract services or products offered on the Website (including free services and promotions), you must use the channels enabled for this purpose, where you may be required to accept new legal, purchase, or privacy terms, and review the section of this website relating to the "Terms and conditions of contracting".
Any person accessing this website assumes the role of user, committing to the strict observance and fulfillment of the provisions set forth herein, as well as any other applicable legal provision.
DAVINCI TECH, S.L. reserves the right to modify any type of information that may appear on the website, without any obligation to pre-warn or inform users of such modifications, with publication on the DAVINCI TECH, S.L. website being understood as sufficient.
3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data to access certain content or services, Users must guarantee its truthfulness, accuracy, authenticity, and validity. The company will process this data automatically depending on its nature or purpose, in the terms indicated in the Privacy Policy section, all in compliance with the GDPR, the LOPDGDDD, and the LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of previously established purposes, under the conditions defined in the Privacy Policy.
The terms of this website and the DAVINCI TECH, S.L. App regarding data protection have been adapted by EDJ XTECH LAW SCHOOL, S.L.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all content displayed on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs suitable for industrial and/or commercial use are subject to Intellectual and Industrial Property rights, with the company holding the exclusive right to use them in business transactions. Therefore, the User agrees not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, holding the company harmless from any claim arising from the breach of such obligations.
In no case does accessing the Website imply any type of waiver, transmission, license, or total or partial commercial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution, or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third-party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any existing intellectual creation in this Space, as well as the Space as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The company owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website or, in any case, has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from said Entity.
Likewise, it is forbidden to delete, bypass, and/or manipulate the copyright notice, as well as the technical protection devices or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, with the company reserving the right to exercise any legal means or actions corresponding to the defense of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The User agrees to:
1. Make appropriate and lawful use of the Website, as well as its contents and services, in accordance with:
(i) the applicable legislation at any given time;
(ii) the General Conditions of Use of the Website;
(iii) generally accepted morals and good customs and
(iv) public order.
2. Provide themselves with all the technical means and requirements needed to access the Website.
3. Provide truthful information when completing forms with their personal data on the Website and to keep them updated at all times so that they correspond, at all times, to the actual situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damage caused to the company or third parties by the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
1. Making unauthorized or fraudulent use of the Website and/or its contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, disable, overload, deteriorate, or prevent the normal use of services or documents, files, and all kinds of content stored on any computer equipment.
2. Accessing or attempting to access restricted resources or areas of the Website, without meeting the conditions required for such access.
3. Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.
4. Introducing or spreading computer viruses on the network or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers, or third parties.
5. Attempting to access, use, and/or manipulate the data of the company, third-party providers, and other Users.
6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the contents, unless authorized by the owner of the corresponding rights or legally permitted.
7. Deleting, hiding, or manipulating notes on intellectual or industrial property rights and other identifying data of the rights of the company or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted into the contents.
8. Obtaining and trying to obtain contents using means or procedures other than those which, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those commonly used on the Internet as they do not entail a risk of damage or disablement of the Website and/or its contents.
9. In particular, and by way of illustration and not exclusion, the User agrees not to transmit, disseminate, or make available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: - In any way is contrary to, belittles, or violates fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of current legislation.- Induces, incites, or promotes criminal, offensive, defamatory, violent actions or, in general, actions contrary to law, morals, generally accepted good customs, or public order.- Induces, incites, or promotes discriminatory actions, attitudes, or thoughts on the grounds of sex, race, religion, beliefs, age, or condition.- Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages, and/or services or, in general, those contrary to law, morals, generally accepted good customs, or public order. Induces or may induce an unacceptable state of anxiety or fear.- Induces or incites involvement in dangerous, risky, or harmful practices for health and psychological balance.- Is protected by intellectual or industrial protection legislation belonging to the company or third parties without having authorized the intended use.- Is contrary to honor, personal and family privacy, or people's self-image; - Constitutes any type of advertising; - Includes any type of virus or program that prevents the normal functioning of the Website.
If you are provided with a password to access some of the services and/or contents of the Website, you agree to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outside parties. Likewise, you agree to notify the company of any event that may involve improper use of your password, such as, by way of example, its theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, until you make the aforementioned notification, the company will be exempt from any liability that may arise from the improper use of your password, with any illegal use of the contents and/or services of the Website by any illegitimate third party being your responsibility. If by negligence or willful misconduct you breach any of the obligations established in these General Conditions of Use, you will be liable for all damages and losses that may derive from said breach for the company.
6. LIMITS OR EXEMPTIONS OF LIABILITY
Within the limits established by law, DAVINCI TECH, S.L. does not assume any liability derived from the lack of truthfulness, integrity, updating, and accuracy of the data or information contained in its Internet pages.
On the other hand, the company performs thorough maintenance of the website so that access to services and contents is always available. However, it does not guarantee uninterrupted access, nor the correct display, download, or utility of the elements and information contained in the website, which may be prevented, hindered, or interrupted by factors or circumstances beyond its control. It is not responsible for the decisions that could be made as a result of accessing the contents or information offered.
The service may be interrupted, or the relationship with the User terminated immediately, if it is detected that the use of its Website or any of the services offered therein is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims, or expenses derived from the use of the Website.
In particular, we will not be responsible for damages that may derive, among others, from:
Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in telecommunication lines and networks, or by any other cause beyond the control of the company.
2. Illegal intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
3. Improper or inappropriate abuse of the Website. 4. Information published on its website, provided that it has no actual knowledge that this information has been manipulated or introduced by a third party outside it or, if it does, it has acted diligently to remove the data or make access to them impossible.
5. Security or navigation errors produced by a malfunction of the browser or by the use of non-updated versions of it. The administrator of the web space reserves the right to withdraw, in whole or in part, any content or information present on the Website.
The company excludes any liability for damages of any nature that may be due to the misuse of services freely available and used by Website users. Likewise, it is exonerated from any liability for the content and information that may be received as a consequence of data collection forms, with these being solely for the provision of services. On the other hand, in case of causing damages and losses due to unlawful or incorrect use of said services, the User may be claimed for the damages or losses caused.
You will defend, indemnify, and hold the company harmless against any damages and losses arising from claims, actions, or demands of third parties as a consequence of your access or use of the Website. Likewise, you agree to indemnify the company against any damages and losses arising from your use of "robots", "spiders", "crawlers" or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
7. HYPERLINKS
The Website may include links to other websites, managed by third parties, in order to facilitate the User's access to information of collaborating and/or sponsoring entities. Accordingly, the company is not responsible for the content of said web spaces, nor does it position itself as a guarantor or offering party of the services and/or information that may be offered to third parties through third-party links.
The User is granted a limited, revocable, and non-exclusive right to create links to the homepage of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or claim that such a link has been authorized, nor include brands, designations, commercial names, logos, or other distinctive signs of our company; (ii) may not include content that may be considered in poor taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race, or religion, contrary to public order, or illegal; (iii) may not link to any page of the Website other than the homepage; (iv) must link to the Website's own address, without allowing the linking website to reproduce the Website as part of its web or within one of its "frames" or create a "browser" over any of the pages of the Website. The Company may request, at any time, that you remove any link to the Website, after which you must proceed immediately to its removal.
The company cannot control the information, content, products, or services provided by other websites that have established links pointing to the Website.
8. CHILDREN UNDER 14 YEARS OLD
Only users over 14 years of age are permitted to register with DAVINCI TECH, S.L.
Age verification is carried out through a calendar, by entering the user's date of birth. In the event that the user enters an age that does not correspond to reality, DAVINCI TECH, S.L. is not responsible for the accuracy of said information.
In the case of extracurricular activities utilizing museums that feature DAVINCI TECH, S.L. services, the fundamental right to Data Protection must also be respected. In these cases, only students over 14 years of age may register; in any event, the educational institution will be responsible for collecting consent through the established legal channels.
Likewise, the user may voluntarily capture and upload a user profile photo which, nevertheless, will not be used for any other purpose, with only the user's consent being necessary for access to the camera or image gallery for the purpose of incorporating the profile photo.
COOKIES
The Company reserves the right to use "cookie" technology on the Website in order to recognize you as a frequent User and personalize your use of the Website by pre-selecting your language, or most desired or specific content.
Cookies collect the user's IP address, with Google being responsible for processing this information.
Cookies are files sent to a browser, by means of a Web server, to record the User's navigation on the Website when the User allows their reception. When accessing the website, you will find a cookies banner to manage them; some of them are mandatory for the website's operation, while others are optional at your free choice.
To know the details about the cookies used by this website, we suggest you consult the Cookies Policy.
10. FORCE MAJEURE
The company will not be responsible in any case for the impossibility of providing service if this is due to prolonged interruptions of power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, Government acts and omissions, and in general all cases of force majeure or fortuitous events.
11. CONFLICT RESOLUTION. APPLICABLE LAW AND JURISDICTION
These Terms of Use, as well as any other term on the Website, will be governed by Spanish law.
For the resolution of any dispute, in the event that the user is a company, the parties will submit to the Courts and Tribunals of the registered office of the person responsible for the website. In the event that the User has the status of Consumer or User in accordance with the definitions of the Consolidated Text of the General Law for the Defense of Consumers and Users, the resolution of such possible disputes will be resolved before the Courts and Tribunals of the User's domicile. Likewise, we remind you that you can access the online dispute resolution platform of the European Union by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
In the event that any provision of these conditions or any other term of the Website is held unenforceable or null under applicable law or as a consequence of a judicial or administrative ruling, such unenforceability or nullity will not render these conditions or any other term of the Website unenforceable or null as a whole. In such cases, the company will proceed to modify or replace said provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original provision.
LEGAL NOTICE of the DAVINCI TECH, S.L. APP
DAVINCI TECH, S.L., responsible for the DAVINCI APP, hereinafter the RESPONSIBLE PARTY, makes this document available to users in order to comply with the obligations set forth in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all App users regarding the terms and conditions of use.
