1. Legal Information

This Legal Notice regulates the conditions of use of portal www.cloqq.com (hereinafter simply referred to as the Portal), with Taxpayers’ registration number (CIF). No. B-82387770, registered with the Mercantile Registry of Madrid, Volume 14.487, book 0 folio 40, section 8, page M-239649, registered 13th September 1999 under registration number 1st. (hereinafter simply referred to as Service Provider), hereby provides and places at the disposal of Internet users, under the terms established by Act 34/2002 on Information Society Services and Electronic Commerce.

To comply with the provisions outlined in the applicable regulation, we present below this website’s general information data:

Address: Avenida de Manoteras, 52, 28050 Madrid.

Contact: Telf. (+34) 91 749 00 00; fax. (+34) 91 749 00 01.

E-mail: info@cloqq.com

Access to the website is free of charge. However, the user may have to pay his/her service provider for its telecommunications network service which provides access to the Internet and in turn to our Portal.

Notwithstanding the foregoing, certain services and/or contents are exclusively provided to our customers via restricted access, and may be subject to specific conditions, regulations and instructions, which in your case, substitute, complete and/or change this Legal Notice, and which should be agreed to by the customer before the respective services can be provided.

If the services of the Service Providers are paid, the fee, in your case, shall be specified in each one of the trade offers the company makes to its present and/or prospective customers.

Your use of this website and the content it provides shall imply that you have read and agreed to these conditions without any reservations. The Service Provider reserves the right to deny, suspend, interrupt or cancel, in whole or part, access to or use of the website, for users or their visitors who violate any of the conditions established in this Legal Notice.

2. Intellectual and industrial property

All Portal contents, which shall include (but not be limited to) texts, videos, photos, graphics, images, icons, technologies, software, links, and other audiovisual or audio contents, as well as graphic design and source codes (hereinafter simply referred to as “Content(s)”), are the intellectual property of the Service Provider, or of third parties, without any exploration rights construed as assigned to the user, in accordance with the effective regulation on the subject of intellectual property thereof, save where they strictly exist for one to use this Portal.

In particular, it is expressly prohibited to perform any form of copying, conversion, distribution, public communication, their free release for public use, and in general, any other form of exploration of this website as well as its design and designation, and the manner it presents the materials included in the system.

Such exploration acts shall only be permitted with the express authorization of the Service Provider, and always indicating the Service Provider as the owner of the intellectual and industrial property in question.

It is also expressly prohibited to perform any form of decompiling, disassembling, reverse engineering, sublicensing or transmission, translation or localization or byproducts of computer programs for the running, access and use of this website and the services in the content therein; as well as to perform, in whole or part of any such programs, any of the exploration acts described in the above paragraph. The website user shall abstain from any form of suppressing, changing, evading or manipulating any security systems or protective devices that may be installed therein.

The trademarks, commercial names or distinctive signs or logos are the property of the Service Provider or third parties, and access to the Portal shall not, therefore, imply any right to use said trademarks, commercial names and/or distinctive signs or logos.

3. 3. Conditions for using the portal

3.1 General

Use of this Portal grants the condition of user of the Portal (hereinafter simply referred to as ‘user’) and implies the user agrees to all conditions included in this Legal Notice. The service provided by the Portal is unlimited in duration when the user is connected to the portal or a service provided through the portal. Therefore, the user should read this Legal Notice in detail every time he/she intends to use the Portal, as these and other conditions of use may undergo changes.

The services offered are for purely educational purposes; therefore, all use of the contents, information, documentation, and other elements offered to the users are strictly for educational purposes. Also, the Portal shall include educational projects to guide the users so they can elaborate and create their technological elements and/or materials (hereinafter simply referred to as Projects), solely for educational purposes.

It is strictly prohibited to make use of the contents, and the project results presented to the users, for purposes other than those presented above. In particular, it is expressly prohibited to sell the contents; and to sell the results of educational projects included in the Portal. The user shall also refrain from providing services to services to third parties for profit using the content included in the Portal.

The user undertakes to make proper use of the Portal in conformity with the Law and this Legal Notice. The user shall be held liable by the Service Provider or third parties for any losses and damages arising from his/her failure to follow said obligation.

It is expressly forbidden to use the Portal to cause harm to the property or interests of the Service Provider or of third parties, or to in any way overburden, damage or render useless the networks, servers, and other computer equipment (hardware) or products and applications (software) of the Service Provider or third parties.

3.2 Content

The User undertakes to use the Content in conformity with the Law and this Legal Notice, and the other conditions, rules and guidelines which may apply to the user regarding compliance with what is established in the legal notice.

In conformity with the effective legislation, the User shall not, among other things:

Reproduce, copy, distribute, offer, publicly disclose, convert or change the Contents, save where authorized by law to do so, or where expressly authorized by the Service Provider or the holder of explorations rights as the case may be.

To reproduce or copy for private use any content considered to be Software or Database under the effective intellectual property act, including to publicly disclose or offer to third parties where such acts require reproduction by the User or a third party.

Extract and/or reuse in whole or significant part the Content that is part of the Portal, including the databases offered to the Users by the Service Provider.

After the acceptation of this contractual document, the user provides to everis Spain S.L.U all licenses related to use, take and modify all media documents (videos, pictures …) without any kind of payment related to this rights, in a volunteer way. The users gives the mentioned rights with all content-that the user publish or include in a volunteer way-inside the platform (CLOQQ).

The users are compromised to use the platform under the policies described in our documents. All responsibilities related to image rights published in the platform are given to the user. The users authorize to everis Spain S.L.U the application of these rights including the capabilities to reproduce, use, publish or communicate them in a public way and other needing that CLOQQ could have around media. This authorization is granted in a transferable form, with no temporal or territorial limit for any country in the world.

Everis has the compromise to use the image rights exclusively in the terms and limits established in this present contractual document, it provides the best enforces to use the image rights without any intromission in rights related to the honor, privacy or self-representation.

3.3 Insertion of links leading to the Portal

Internet users who wish to add links to their web pages that lead to the Portal must obey the conditions described below. Failure to read them shall not exempt such users from being held accountable by the applicable Law:

The link shall exclusively lead to the home page or main page of the Portal, and under no condition reproduce it (inline linking, copied texts, graphics, etc.).

It is expressly prohibited, in any situation and in accordance with the applicable and effective law at any given time, to establish frames or signs of any kind that pertain to the Portal or that enable seeing the Content via Internet addresses other than those of the Portal, and in any given situation, where they are seen together with content other than what is on the Portal, such that: (I) it induces or can induce users to error, confusion or to being mislead with regard to the origin of the service or Content; (II) is aimed at false comparison or imitation; (III) seeks to make use of the reputation and prestige of the Service Provider’s brand; or IV) which is in any other form prohibited by the effective legislation.

The user shall not make, on the linked page, any form of false, inaccurate or incorrect reference to the Service Provider, its partners, employees, customers, or about the quality of the services it renders.

Under no circumstances shall it be informed on the page presenting the link that the Service Provider has authorized the insertion of the link, or that it sponsors, cooperates with, oversees or monitors the sender’s (or forwarding host’s) services.

It is expressly prohibited to use the name, graphics or combination thereof, or any sign that belongs exclusively to the Service Provider, on the sender’s page, save where the law permits it, or where Service Provider expressly authorizes it, and whenever applicable, in such case, with a direct link to the Portal shall be used, in the manner established in this clause.

The page that establishes the link shall be in strict compliance with the law, and under no circumstance shall it provide or link to its own or third party content that: (I) is illegal, harmful, or against moral practices and good customs (pornography, violence, racism, etc.); (II) mislead or could mislead the User to believe the Service Provider endorses, supports, agrees to, or in any way encourages the sender’s ideas, opinions or statements, whether they be legal or illegal; (III) are deemed inappropriate or unrelated to the Service Provider’s activity in terms of place, content and thematic nature of the sender’s web page.

4. Disclaimer

4.1 For Projects development

Projects created by professionals and developed by users do not involve any risk. However, the Service Provider disclaims any liability or payment of indemnity where a user may suffer some form of loss, and pain and suffering from the creation and/or construction of technological elements included in the Projects.

In the same fashion, the Service Provider disclaims any liability for how the technological elements are employed based on what is elaborated and/or constructed from the Projects pursued. As a result, the user shall be solely responsible for the use of these elements.

4.2 Service quality

Access to the Portal does not imply that the Service Provider is obligated to check the absence of viruses, worms, or any other malicious computer element. It is the User’s responsibility to maintain the proper tools for the continuous monitoring and removing of malicious computer programs.

The Service Provider disclaims any losses suffered on the computers of Users or third parties in the courses of the services provided by the Portal.

4.3 Service availability

Access to the Portal requires third party services and supplies, including transmission (transport) through telecommunication networks, whose reliability, quality, continuity and functioning, are not controlled by the Service Provider. As such, the services the Portal provides may be suspended, canceled, or become inaccessible before or during the provision of services by the Portal.

The Service Provider disclaims any losses or damages of any kind the User may experience due to failure or outage of telecommunication networks that cause the suspension, cancellation or interruption of the Portal’s service before or in the course of the services it renders.

4.3 Service availability

The service that gives access to the Portal includes technical link devices, directories, including search tools that allow the User to access other Internet pages and portals (hereinafter simply referred to as ‘Linked Sites’). In such cases the Service Provider performs as services mediator according to article 17 of Act 34/2002 of July 12 on Information Society Services and Electronic Commerce (LSSI); and shall be held solely accountable for the content and services provided on the Linked Sites, to the extent of their actual knowledge of the illicit situation, and for failing to deactivate the link immediately upon having such knowledge. Should the User suspect the existence of any Linked Site with illicit or inadequate contents, the User shall inform the Service Provider by the procedure and the effects outlined in clause five; such notification by the User shall not impose an obligation to remove the link in question.

Under no circumstances shall the existence of Linked Sites be presumed to represent agreements with whoever owns or is responsible for them, nor shall it imply recommendation, promotion or agreement of the Service Provider with the statements, contents or services provided therein.

The Service Providers has no knowledge of the contents and services of Linked Sites and therefore disclaims any losses caused by their being illegal, their quality, obsolescence, unavailability, error and futility of contents and/or services of the Linked Sites; equally disclaiming any other losses not directly attributed to the Service Provider.

5. Notification of illegal and inadequate activities

If the User or any other Internet user learns that the Linked Sites lead to pages whose content or service are illegal, malicious, derogative, violent, or immoral; or the information included by Users themselves, through the Portal’s services, are the same as those described in the Portal, you may contact the Service Provider and inform the following:

  • The personal data of the person making the complaint: name, address, telephone number, and e-mail address;
  • Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
  • In the event of violation of rights, such as intellectual and industrial property, provide the owner’s personal data, if the complainant is not the owner. Also provide proof of ownership of the rights in question, and where needed, a proxy letter if the complainant is not the owner.
  • An express statement that the information contained in the complaint is accurate.

Receipt of the claim by the Service Provider, as outlined in this clause, shall not presuppose, as established in the Information Society Services and Electronic Commerce (LSSI) Act, knowledge of the activities and/or content indicated by the person who communicated them.

Also, provide proof of ownership of the rights in question, and where needed, a proxy letter to represent the owner, if the complainant is not the owner; an express representation of the accuracy of the information presented.

Receipt of the claim by the Service Provider, as outlined in this clause, shall not presuppose, as established in the Information Society Services and Electronic Commerce (LSSI) Act, knowledge of the activities and/or content indicated by the person who communicated them.

6. Changes

To improve the website the Service Provider reserves the right to unilaterally change, expand or temporarily suspend the layout, configuration, technical specifications and services of the website at any time and without any prior notice.

It also reserves the right to change these conditions of use and any other specific conditions at any time and without any prior notice.

7. Governing Law

This Legal Notice is in its entirety subject to Spanish law.