TERMS AND USE CONDITIONS
Pursuant to the provisions of article 10 of Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), the information regarding the identity of the company is as follows: The company that owns the web domain www.ampere-energy.com is ENDURANCE MOTIVE, S.L. (hereinafter ENDURANCE), with its registered address at C/ En Proyecto, N8 sector 10, Loriguilla (Valencia), with T.I.N.: B-98980246 and it is registered in the Companies Register of Valencia, Volume 10463, Book 82 and page V – 180759. Contact email address: firstname.lastname@example.org and telephone number +34 687 775 169.
Access to and/or use of this Website confers the status of User, which implies the reading, understanding and acceptance of the version of the terms and conditions contained herein that are published at the time when it is accessed. In this regard, User shall mean any person who accesses, navigates, uses or participates in the services and activities performed on the Website. The access, navigation and use of the Website entail and imply the User’s acceptance of this Legal Notice and the Terms and Conditions of Use and Privacy included in it.
ENDURANCE reserves the right, at any time, to change the presentation, configuration and content of the Website, and the General Terms and Conditions of Use that appear here. The aforementioned Terms and Conditions shall apply, irrespective of any binding General Terms and Conditions of Contract.
Access to certain content on the Website may be subject to certain specific terms and conditions which supersede, supplement and/or change these general terms and conditions, as applicable. Therefore, before accessing and using such content, the User must carefully read the respective specific terms and conditions.
Generally, the User may freely access the Website at no charge. The User accepts responsibility for using the Website. ENDURANCE reserves the right to restrict access to certain areas of the Website for which the User shall be required to register. During such registration, the User shall be responsible for providing truthful and lawful information. As a consequence of such registration, the User shall have a password, for which they shall be responsible, and they agree to make diligent use of this and keep it secret. The password shall be personal and non-transferable. The User must keep it secret, agreeing not to share it, transfer it or allow it to be used by other persons, accepting full responsibility for the consequences of its disclosure to third parties. Furthermore, the User shall be responsible for the illegal use of the Website by any unlawful third party who, for such purpose, uses a password obtained due to the careless use or loss of the same by the User.
If the User knows or suspects that their password has been used by third parties, they must bring this to the attention of ENDURANCE as soon as possible.
4.- Use of the Website
The User agrees to appropriately use the content and services (such as the chat services, discussion forums and newsgroups) that ENDURANCE, the creator of the Website, provides through the Website, including but not limited to, not using them to:
– (i) engage in activities that are unlawful, illegal or contrary to good faith or public order;
– (ii) disseminate content or propaganda that is racist, xenophobic, contains illegal pornography, advocates terrorism or undermines human rights;
– (iii) damage the physical and logical systems of ENDURANCE, the company that created the Website, of its suppliers or of third parties, or introduce or spread computer viruses on the network or any other physical or logical systems liable to cause the aforementioned damage;
– (iv) try to access and, where applicable, use the email accounts of other users and tamper with their messages.
– (v) reproduce or copy, distribute, alter or modify the content of the Website.
-(vi) use the content of the Website and, in particular, any type of information obtained through it, to send advertising or marketing messages, or unsolicited messages to a large number of persons, irrespective of their purpose, or to sell or otherwise disclose such information.
-(vii) use the content of the Website to instigate, incite or encourage criminal, slanderous, libellous or violent activities.
-(viii) infringe the intellectual or industrial property rights of ENDURANCE or third parties.
The User shall be liable for all damages of any kind suffered by ENDURANCE, directly or indirectly, as a consequence of its failure to fulfil any of the obligations arising from these General Terms and Conditions and the law when using the Website.
ENDURANCE, the creator of the Website, reserves the right to remove any comments and contributions that fail to respect human dignity, that are discriminatory, xenophobic, racist, pornographic, a threat to young people or children, public order or security or which it does not believe to be suitable for publication. Furthermore, it is entitled to exclude the User from the Website if they are alleged to have committed any of the crimes or offences punishable under the current Penal Code, or if behaviour is observed that ENDURANCE believes to be immoral, contrary to public order, indecent or in violation of the internal rules of ENDURANCE, or which disrupt the smooth operation or harm the image, credibility and/or reputation of ENDURANCE.
In any event, ENDURANCE shall not be responsible for the opinions expressed by the User through the forums, chats or other participatory tools.
5.– Exclusion of warranties and liability of the Website
ENDURANCE reserves the right to discontinue access to its Website and to cease to provide all or any of the content presented through it at any time without prior notice, whether for technical, security, control or maintenance reasons, due to power outages or any other reason.
Consequently, ENDURANCE neither warrants nor is liable for: (i) the reliability, continuity or lack of availability of the Website or its content; (ii) disruptions to the service, delays, errors and malfunctioning of the same (iii) the absence of errors in such content; (vi) the absence of viruses and/or other harmful components on the website or on the server that hosts it; (v) the invulnerability of the Website and/or the infallibility of the security measures adopted on it; (vi) the lack of usefulness or poor performance of the content; (vii) the damages or losses caused to it or a third party by any person who fails to comply with the terms and conditions, rules and instructions established by ENDURANCE on the Website.
ENDURANCE hereby declares that it has adopted the necessary measures, within its capabilities and according to the current technology available, to ensure the operation of the Website and prevent viruses and other components that are harmful to the User. However, it disclaims any liability for damages and losses of any kind that may arise from the presence of viruses or other harmful elements in the content, which may alter computer systems and the documents or systems stored on them.
ENDURANCE may temporarily suspend the Website’s service or its content in order to perform maintenance, upgrades or repairs.
ENDURANCE disclaims all liability for any losses or damages that may be due to a lack of truthfulness, accuracy, completeness and/or timeliness of the content published, disseminated, stored, made available, received, obtained or which may have been accessed through the Website. However, it shall try to update and correct any information hosted on its Website that does not meet its minimum standards of truthfulness and it reserves the right to remove any content that is untrue, inaccurate or contrary to the law, decency and public order.
Should ENDURANCEplace any links or hyperlinks to other websites on its Website, using buttons, links, banners etc., ENDURANCE shall have no control over such sites, information or content. In no case shall ENDURANCE be liable for any of the content of any link belonging to another website, nor shall it warrant the technical availability, quality, reliability, accuracy, completeness, truthfulness, validity or constitutionality of any material or information contained on any such hyperlinks or other Internet sites.
In this regard, should the User become aware of any unlawful activities being performed through these third-party websites, they must immediately inform ENDURANCE so that it may proceed to disable the link to access it.
The inclusion of these external links to other websites shall not imply any association, relationship, partnership, merger or interest in the related entities.
The User is aware and voluntarily accepts that, in any event, it shall assume all responsibility for accessing such links or hyperlinks.
7.- Intellectual and Industrial Property
ENDURANCE, either directly or as an assignee, is the owner of all of its Website’s intellectual and industrial property rights, and all elements contained on it (including, but not limited to, images, graphics, icons, sound, audio, video, software and text; trademarks and logos, colour combinations, structure and design, selection of materials used, computer programs necessary to operate, access and use it, source code etc.), owned by ENDURANCE or its licensors.
Pursuant to the provisions of articles 8 and 32.1, paragraph two, of the Intellectual Property Act, it is expressly forbidden to reproduce, distribute and publish, including making it publically available, all or part of the content of the Website, for commercial gain, in any format and by any technical means, without the authorisation of ENDURANCE. The User agrees to respect the Intellectual and Industrial Property rights owned by ENDURANCE. They may view the elements of the Website and even print them out, copy them and store them on the hard disk of their computer or any other physical media, provided that it is solely and exclusively for personal and private use. The User must abstain from removing, altering, evading or tampering with any protection device or security system that may be installed on the ENDURANCE website.
In no case shall the User’s access to or navigation of the Website or their use of the services offered through it imply the waiver, transfer, licensing or assignment of such rights by ENDURANCE.
8.- Term and Changes
ENDURANCE reserves the right, without prior notice, to make any necessary changes to its Website, and it may change, remove or add any content or services offered through it and the way in which they are presented and their location on its Website.
Consequently, this Legal Notice shall remain in force for as long as it is displayed, until it is changed in whole or in part, at which time the amended Legal Notice shall come into force.
9.– General Considerations
ENDURANCE shall pursue any breach of these terms and conditions, and any improper use of its Website, taking any civil and criminal action to which it may be legally entitled. A failure by ENDURANCE to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless it so acknowledges and agrees in writing.
Should any provision of this Legal Notice be considered invalid or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or non-enforceability shall not apply to the other provisions of the Legal Notice.
10.- Applicable Law and Jurisdiction
The relationship between ENDURANCE and the User shall be governed by current Spanish legislation and, for any litigation or dispute relating to the Website, they shall submit to the authority of the Courts of the city of Valencia, expressly waiving any other jurisdiction to which they may be entitled.