TERMS AND CONDITIONS OF USE OF THE WEBSITE
In accordance with article 10 of Law 34/2002 of July 11, on Information Society and Electronic Commerce Services (LSSICE), below are the following identification data of the company: company owning the website www.endurancemotive.com is ENDURANCE MOTIVE, S.A. (hereinafter, ENDURANCE), residing at Calle La Bernia, 1 – 46529 – Canet de Berenguer (Valencia) with C.I.F. number: A-98980246 and registered in the Commercial Registry of Valencia, in Volume 10463 Book 82, sheet V – 180759 Contact e-mail: firstname.lastname@example.org and telephone 34 96 134 30 44
2.- Scope of application/User
The access and/or use of this Website attributes the condition of User, which implies, from said access and/or use, the reading, understanding and acceptance of all the terms and conditions contained in this document, in the version published at the time in which it is accessed. In this regard, the User shall be understood as the person who accesses, browses, uses or participates in the services and activities developed on the Website. The access, browsing and use of the Website entails and involves the acceptance by the User of this Legal Notice and the Conditions of Use and Privacy that it includes.
ENDURANCE reserves the right to amend, at any time, the presentation, configuration and content of the Website, as well as the General Conditions of Use reflected herein. The aforementioned Conditions shall apply regardless of the General Contract Conditions, which are of obligatory compliance.
The access to certain content offered through the Website can be found subject to certain own individual conditions that, depending on the cases, replace, complete and/or modify these general conditions. Therefore, before the access and use of said content, the User must carefully read the corresponding particular conditions.
In general, the User shall be able to access the Website free and open. The User assumes the responsibility for the use of the Website. ENDURANCE reserves the right to limit the access to certain areas of the Website for which the User must be registered. In said registration, the User shall be responsible for providing true and licit information. As a result of this registration, the User shall have a password that they shall be responsible for, and undertake to carry out a diligent and confidential use thereof. The password shall be personal and non-transferable. The User must keep it secret, and undertakes to not transmit, transfer or permit its use to other people, and assumes full responsible for the consequences of its dissemination to third parties. In addition, the User shall be responsible for the illicit use of the Website by any illegitimate third part, who uses for that purpose a password due to a non-diligent use or the loss thereof by the User.
In the case that the User knows of or suspects the use of their password by third parties, they must report this circumstance to ENDURANCE as soon as possible.
4.- Use of the Website
The User undertakes to appropriately use the content and services (such as, for example, chat services, discussion forums or news groups) that ENDURANCE, creator of the Website, offers through the Website, including, but not limited to, not use them for:
– (i) incur in illicit and illegal activities or those that are contrary to good faith and public order;
– (ii) disseminate content or advertising that is racist, xenophobic, pornographic-illegal, sympathetic to terrorism or which constitutes an attack on human rights;
– (iii) cause damage to the physical or logical systems of ENDURANCE, the company that created the Website, of its providers and third-parties, insert or disclose online computer viruses or any other physical or logical systems that are susceptible to causing the aforementioned damages;
– (iv) try to access, and if applicable, use the e-mail accounts of other users and handling their messages.
– (v) reproduce or copy, distribute, transform or modify the content of the Website.
– (vi) use the content of the Website, and in particular, the information of any type obtained through the website, to send publicity or communications with commercial purposes, unsolicited messages to a plurality of people regardless of its purpose, as well as selling or disclosing said information in any way.
– (vii) use the content of the Website to induce, incite or promote criminal, slanderous, defamatory or violent actions.
– (viii) violate intellectual or industrial property rights belonging to ENDURANCE or third parties.
The User shall be responsible for the damages and losses of any nature that ENDURANCE may incur, directly or indirectly, as a result of the violation of any of the obligations derived from these General Conditions or the law in relation to the use of the Website.
ENDURANCE, creator of the Website, reserves the right to remove all comments and contributions that violate the respect for the dignity of people, or that are discriminatory, xenophobic, racist, pornographic, that violate the rights of the youth or children, public order or safety, or that, at its discretion, are not appropriate for publication. In addition, it shall have the right to exclude the User from the Website in the event of an alleged commission of any of the crimes or violations described by the Criminal Code in force, or in the event of observing conduct that at the discretion of ENDURANCE are contrary to morality, order, good customs or internal regulations of ENDURANCE or that violate the good functioning, image, credibility and/or prestige of ENDURANCE.
In any case, ENDURANCE shall not be responsible for the opinions provided by the User through the forums, chats or other tools for participation.
5.- Exclusion from guarantees and responsibilities of the Website
ENDURANCE reserves the right to discontinue the access to its Website, as well as the provision of any or all of the content that is provided on it at any time, and without advance notice, whether it is due to technical reasons, security, control, maintenance, electricity supply errors, or for any other reason.
As a result, ENDURANCE does not guarantee, nor is it responsible for: (i) the reliability, continuity and lack of availability of the Website or its content; (ii) the interruptions of the service, delays, errors and poor functioning thereof (iii) the lack of errors in said content; (vi) the lack of virus and/or other damaging components on the Website or server that powers it; (v) the invulnerability of the Website and/or the inexpungability of the security measures that are adopted therein; (vi) the lack of use or efficiency of the content; (vii) the damages and losses that it causes, to itself or to a creator, any person that violates the conditions, regulations and instructions that ENDURANCE establishes on the Website.
ENDURANCE declares that it has adopted the necessary measures, within its possibilities and the state of the technology, to guarantee the functioning of the Website and prevent viruses and other components that are damaging to the User. However, it excludes any liability for the damages and losses of all types that may be due to the presence of the virus or other detrimental elements in the content that may cause a change in the computer systems, as well as in the documents or systems stored on them.
ENDURANCE shall be able to temporarily suspend the service of the Website or its content to carry out maintenance, upgrades or repairs.
ENDURANCE excludes any liability for the damages and losses that may be due to the lack of veracity, exactness, exhaustiveness and/or actuality of the content transmitted, disseminated, stored, provided, received, obtained or accessed through the Website. However, it shall attempt to update and rectify the information stored on its Website that does not comply with the minimum guarantees of veracity and reserves the right to delete the content that is not true, inexact or contrary to law, morality and public order.
In the event that the ENDURANCE Website provides links or hyperlinks to other Websites through buttons, links, banners, etc., ENDURANCE shall not exercise any control over said sites, information and content. In no case, shall ENDURANCE assume any responsibility for the content of any link belonging to third-party site, nor shall it guarantee the technical availability, quality, reliability, exactness, scale, veracity, validity and constitutionality of any matter or information contained in any of said hyperlinks or other Internet sites.
In this regard, if the User was effectively aware of the illicitness of activities developed through these third-party Websites, they must immediately communicate it to ENDURANCE for the purposes that are applicable to disable the link to access it.
The inclusion of these external connections to other websites shall not apply any type of association, relation, collaboration, fusion or participation with the connected entities.
The User is aware and accepts voluntarily that access to links or hyperlinks occurs, in all cases, under their sole and exclusive responsibility.
7.- Intellectual and Industrial Property
ENDURANCE, in its own right, or as transferee, is the owner of all intellectual and industrial property rights of its Website, as well as the elements contained thereon (including, but not limited to images, graphics, icons, sound, audio, video, software and texts; brands or logos, combinations of colors, structure and design, selection of materials used, computer programs necessary for its operation, access and use, source code, etc.), ownership of ENDURANCE or its licensors.
By virtue of the content set forth in articles 8 and 32.1, second paragraph, of the Intellectual Property Law, are expressly prohibited from the reproduction, distribution and public communication, including their modality of implementation, of all or part of the content of the Website, with commercial purposes, on any support and any technical means, without the authorization of ENDURANCE. The User undertakes to respect the Intellectual and Industrial Property rights owned by ENDURANCE. You shall be able to view the elements of the Website and also print, copy and store them on your computer’s hard drive or on any other physical means, as long as it is only and exclusively for your personal and private use. The User must abstain from deleting, altering, circumventing or handling any protection device or security system that is installed on the ENDURANCE Website.
In no case shall it be understood that the access and browsing of the User to the Website or use of services offered through it imply a complaint, transmission, license or transfer of said rights by ENDURANCE.
8.- Duration and Modification
ENDURANCE reserves the right to carry out, without prior notice, the modifications that it considers appropriate on its Website, and it may change, delete or add both the content and services that are provided through it as well as the form in which they are presented or stored on its Website.
Therefore, the temporary validity of this Legal Notice coincides with the exposure time, until they are totally or partially modified, at a time in which the modified Legal Notice shall take effect.
ENDURANCE shall prosecute the violation of these conditions, as well as any undue use of its Website, exercising all civil and criminal actions that may correspond to them by law. The lack of exercising or enforcement by ENDURANCE, of any right or provision contained in this Legal Notice shall not constitute a renunciation thereof, unless they recognize and agree upon it in writing.
In the event that any provision of this Legal Notice is considered null or non-applicable, in its entirety or partially, by any Court, Tribunal or competent administrative body, said nullification or non-applicability shall not affect other provisions of the Legal Notice.
10.- Applicable Law and Jurisdiction
The relationship between ENDURANCE and the USER shall be governed by the Spanish regulations in force and any legal matter or controversy that is established on the Website shall be subject, with express renunciation to another jurisdiction that may correspond to them, to the Courts and Tribunals of the city of Valencia.