GENERAL TERMS AND CONDITIONS
I. ABOUT THE SERVICE PROVIDER INFORMATION
The Internet Website "www.celistics.com" (“Website” or "Site") is owned and operated by CELISTICS HOLDINGS, S.L., identified herein below in compliance with the provisions of article 10 of the Law of Information and E-Commerce Services 34/2002 ("LSSI"), dated July 11:
II. GENERAL TERMS AND CONDITIONS FOR ACCESSING AND USING THE SITE
The following General Conditions regulate the use of the Website that CELISTICS HOLDINGS, S.L. makes available to its users.
Anyone who uses this Website is considered a User and expresses his/her full and unreserved acceptance of all the General Conditions posted by CELISTICS HOLDINGS, S.L. at the moment he/she accesses the Website, without prejudice to the acceptance of any specific conditions that may apply. If the User fails to understand and/or accept all or part of the Terms and Conditions, he/she is no longer entitled to use this Website. Any use other than that authorized is expressly prohibited, thus CELISTICS HOLDINGS, S.L. may deny or cancel the access and use of the Website at any moment, and without prior notice to those users who do not comply with these general conditions or any specific conditions that may apply.
CELISTICS HOLDINGS, S.L. reserves the right to unilaterally modify these conditions at any time and without prior notice. In these cases, the posting and notification of the same will be carried out as soon as possible. Likewise, CELISTICS HOLDINGS, S.L. reserves the right to unilaterally modify the presentation (including the look-and-feel), configuration, and location of the Website and its contents at any moment and without prior notice.
It is in the interest of the user to review the Terms and Conditions every time he/she accesses the Site in order to make sure he/she is aware of the most current version available (this version is identified with a number in the title) and, if applicable, the user shall carefully read any changes introduced since the last version.
2. Website Information: Access and Use
By means of this Website, CELISTICS provides information regarding the company and its services. The content therein contained is provided to the User for informational purposes only and, in no case, shall be construed as a binding offer of CELISTICS for the provision of services.
The access and use of the Website is free for the users and does not require prior registration on the part of the user. However, certain information and services provided by the Website can only be accessed and used once the user has previously registered.
CELISTICS reserves the right to restrict, cancel, prohibit or terminate, at any given moment, the access to and/or use of part or all of the Site to all or certain users, without prior notice from CELISTICS. In particular, but without limitation, CELISTICS may temporarily suspend services and contents of the Website to carry out maintenance operations, or to update or repair said Site.
The User declares that he/she is aware of this fact and, consequently, waives any right to file a claim against CELISTICS for any damages or injury which may be caused thereby.
Those Users that wish to establish a hyperlink or link between their website and the Site ("Link") shall receive prior authorization from CELISTICS and shall request such authorization at the following email address email@example.com.
All third-party links to this Website must be to the homepage. The User shall be held liable before CELISTICS, or before third parties, for any damages or injury that may be caused from failing to meet these obligations.
3. Use Restrictions
When you access our Website, you are expressly authorized to view all the public information contained in the Site. Therefore, the User undertakes to not make use of any information, of any nature or format, and/or any services that may be offered at any time on the Site (“Content”) in the following manner:
1. You are not authorized to publicly reproduce or copy, distribute, modify, assign or communicate the information included in the Website, unless you have the authorization of the holder of the corresponding rights or you are legally permitted to do so.
2. You are not authorized to use the information included in the Website for direct selling or any other business purposes, send unrequested messages addressed to a series of persons regardless of the objective, as well as the commercialization of said information in any way.
3. You are not authorized to delete, elude, or tamper with copyrights or trademarks of CELISTICS or its holders (including, but not limited to, copyright symbols, watermarks or similar measures), as well as the technical protection devices, digital fingerprints or any other protection mechanism.
4. You are not authorized to dismantle, decompile or invert the databases where the Website information is stored.
5. You are not authorized to carry out any spamming practices while using, or as a result of using, the Website or its information and services for selling or any other business purposes, to a series of persons without prior request or consent, nor are you authorized to send to a series of persons any other messages that have not been previously requested or agreed to, and you are not authorized to send mass electronic messages that have not been requested or previously agreed to, or use distribution lists which can be accessed by means of the Website.
6. You are not authorized to undertake any activities that may be considered illegal, immoral, or contrary to public order. Some of these activities include, but are not limited to:
7. You are not authorized to use the Website content or services to carry out any activities that may harm the image of CELISTICS.
4. Industrial and Intellectual Property Rights. Content Ownership.
All the content of this Site (which is understood to include but is not restricted to: texts, photographs, graphics, images, icons, technology, software, Web pages, links, audiovisual or sound content, in addition to the graphic design and source codes of the Website itself, as well as any trademarks, domain names and other distinctive marks and, in general, any type of production, creation or expression – or a combination of these – included in the Site or used to identify the Site in part or in whole) (the “Protected Elements”) is protected under intellectual and/or industrial property rights of CELISTICS. Said company has the exclusive exploitation rights over this intellectual property, and is specially entitled to the reproduction, distribution, public communication, and transformation rights. CELISTICS does not assign, in part or in whole, nor provides a license or authorization whatsoever to the users regarding the intellectual and industrial property rights or any other right pertaining to the Site.
In addition, CELISTICS guarantees that the contents, including those of intellectual property, are not illegal and do not contravene any current legislation. Therefore, the Website contents shall never be of a xenophobic, pornographic, discriminating, or racist nature or of any other nature that might encourage violence. Moreover, CELISTICS will adopt all legal measures that might be considered relevant to prevent any type of conduct contrary to the Law or moral ethics.
In compliance with these Terms and Conditions, CELISTICS authorizes the User to view, download, and print the Protected Elements owned by CELISTICS provided that the User utilizes them solely for his/her own needs, and he/she is hereby bound not to make commercial use, either directly or indirectly, of the services nor shall the User utilize them for any other purpose not expressly provided for in these Terms and Conditions.
Shall the User utilize any Protected Elements owned by third parties (including, but not limited to, trademarks or distinctive marks owned by third parties), he/she shall be subject to the conditions that those third parties may establish in any such case and the User undertakes to acknowledge these conditions.
Any infraction of the provisions of this paragraph shall be considered an infringement of the intellectual property rights held by CELISTICS, and shall result in the liabilities established therefor and may be prosecuted following appropriate administrative, civil or criminal proceedings.
5. Legality and Correction of Website Content
Although CELISTICS makes every reasonable effort to ensure that the content of the Website is accurate and current, CELISTICS does not guarantee nor is it liable for any inaccuracy and/or failure to correct and/or failure to update such content.
CELISTICS responsibility in terms of the content and information included in the Internet sites connected by hyperlinks to the Website, as well as content from third parties hosted in the Website, shall be governed by articles 16 and 17 of the Law of Information and E-Commerce Services 34/2002.
CELISTICS is not liable for nor shall it guarantee that the access to the Content and other components of the Website is legal outside of Spain. Access to the Website from a country other than Spain shall abide by the applicable regulations of the territory from which the User is accessing the Website.
6. Disclaimer for Warranties and Liabilities
Regarding the exclusion of warranties and Liabilities, CELISTICS:
1. CELISTICS shall only be liable for its own services and content that it directly creates and identifies as industrial and intellectual property of CELISTICS.
2. CELISTICS shall not be liable for:
I. - Damages or injury of any nature that may be due to the products or services provided or offered by third parties or entities by means of the Website, and particularly due to:
II. - CELISTICS shall in no way be liable should information included in the Website by any User offend others, insult them, or infringe their right to honor, privacy or harm them in any other way, as in accordance with the Terms and Conditions, users of the Website shall refrain from entering information that may be considered illegal, immoral, or contrary to public order.
III. - CELISTICS shall not be liable for any damages or injury that may be caused due to the knowledge that unauthorized third parties may have regarding the type, conditions, characteristics, and circumstances of the access and use of the Website by users and of the information and services provided, nor shall it be liable for any breach on the part of the users of their obligations regarding their personal information.
IV. - CELISTICS shall not be liable for any damages or injury of any nature that may arise due to the existence of errors in accessing or using the Website, as well as in the access or use of its services or content, even when it undertakes to prevent the same, update or correct said content. In other words, CELISTICS is not liable for the lack of availability or continuous operation of the Site and its services, as well as for any failures that may result from accessing the various Web pages or those from which the services are provided.
V. - CELISTICS shall not be liable for any damages or injury of any nature that may arise as a result of the information included in the Website, which may be accessed by hyperlinks or “links”. These links are for information purposes only, hence CELISTICS HOLDINGS, S.L. is not liable for the result you may attempt to obtain by accessing these “links”. Consequently, CELISTICS HOLDINGS, S.L. shall not be held liable for:
VI. - CELISTICS shall not be liable for any damages or injury of any nature that may be caused due to the existence of a virus in the information system, electronic documents or files of the users. Likewise, CELISTICS shall not be held liable for the presence of viruses in the services provided by third parties by means of the Website, which may cause alterations in the information system, electronic documents or files of the users.
VII. - CELISTICS shall not be liable, under any circumstances, including negligence, for the loss of business, loss of use, loss of profit, loss of data, by indirect, secondary, special or consequential damages that may result from the access or use of the Website by the Users.
VIII. - The User holds CELISTICS harmless from any liabilities that may arise as a result of noncompliance with these Terms and Conditions, including but not limited to, the Website Use Restrictions outlined herein.
7. Applicable Law and Jurisdiction
The Website services and the General Conditions of the Website are governed by Spanish law. Insofar as permitted by law, the parties, expressly waiving any other jurisdiction that may otherwise apply, agree that they are subject to the jurisdiction of the courts of the city of Madrid.