A) Policy of use of this site
The terms and conditions that hereinafter are indicated (from now on Policy, General Conditions or conditions) regulate the access and use of the web site www.devstat.com (from now on the site or web site), which operation carries out and through which it provides services of the information society DEVSTAT, SERVICIOS DE CONSULTORÍA ESTADÍSTICA, S.L. (hereinafter DevStat) with address Av. Barón de Cárcer, 26 (entresuelo) 46001 Valencia (Spain), with NIF B97421754 and registered in Mercantile Register of Valencia, Tomo 7725, Libro, 5022, Folio 38, Hoja V-95158, Inscripción 1.
In the expression “site or web site” they are included -as to define but not to limit- the data, texts, graphs, images, animations, musical creations, videos, sounds, drawings, photographs and others included in it and, in general, all creations expressed by any mean or support, tangible or intangible, independently of whether they are capable or not of intellectual and industrial copyright according to the in force applicable rules.
The access to the site implies that user acquires a series of rights and obligations, in order to guarantee the suitable use of the services and contents found in it and that DevStat puts at disposal of the user.
The user is conscious that the access and utilization of the services and contents of the site are carried out under his only and sole responsibility.
The user’s condition is acquired by means of the access to the web site. The user will use the services and contents exclusively for personal purposes to the exclusion of any modality of later utilization of the same ones with spirit of profit or yield some benefit, direct or indirect.
DevStat gives notice to the user of the following general conditions of use, which are accepted expressly and fully by him by the mere fact of acceding to the web site and/or the visualization of the contents or utilization of the services contained in the web site. If these general conditions were replaced with others in everything or partly, they will be understood accepted of identical form to the exposed one. Nevertheless, the user of the site will have to accede to these general conditions periodically to know the successive versions that are included here, though it is recommended that the user should accede to them whenever he tries to accede or to use the services and contents of the web site.
In case the user does not accept these general conditions or the particular conditions that regulate the use of a certain service and/or content destined to the users of the web site and that DevStat determines, the user will have to abstain from accessing the web site.
The user will have to establish the security measures of technical character suitable to avoid actions not wished in his information system, files and computer equipments used to access Internet and, especially, the web site, being conscious that Internet is not totally safe.
B) Object of the web site
Through the access to the site, the user will be able to enjoy the use of different contents and services that will be offered by DevStat or, in its case, by third suppliers in the conditions decided for them.
In general, the services and contents offered through the web site will be available in English, without affecting the possibility –to DevStat’s reservation– of offering the same ones in any other language spoken in the European Union or outside of it.
DevStat will be able to modify in a unilateral form and without previous notice, the rendering, configuration, content and services of the site, as well as the conditions of use and the access to the contents offered and services rendered.
The cost of the telephonic access or another type of expense for the connection to the access to the web site will be chargeable exclusively to the user.
C) Rights and obligations of the user
The user will be able:
- To access, for free and without need of previous authorization, the available contents and services as such of the site, without affecting the technical, particular conditions or the need of the previous registration with regard to services, as decided in these general conditions or in the particular conditions.
- To use the services and contents available for his exclusively particular use, without affecting what has been arranged in the particular conditions that regulate the use of a certain service.
- To unload a single copy of the web site for his visualization “off-line” for personal and not commercial purposes.
In no case the user will be allowed:
- To access or to use the services and contents of the site with illicit purposes, harmful to rights and freedoms of third parties, or that they could harm, damage or prevent by any way, the access to the same ones, to the detriment of DevStat or third parties.
- To use the services, total or partially, to promote, to sell, to contract, to spread advertising or own information or of third persons without previous authorization and in writing of DevStat.
- To enter information in the web site or to use the existing services in it with the aim to infringe –directly or indirectly– the rights –and very specially the fundamental rights and public freedoms– of other users of the web site or of DevStat, that incite or promote the accomplishment of criminal, xenophobic, terrorist or degrading acts because of age, sex, religion or beliefs, or of pornographic, obscene or violent character or that infringe the law, the morality or the good customs. To these effects, by information it will be understood, as to define but not to limit: texts, graphs, images, videos, sounds, drawings, photographs, data, notes and others.
- To include hyperlinks in his particular or commercial web pages to this web site which are not just only and exclusively to the access to its main page.
- To use the services and contents offered through the site in a way opposite to the general conditions of use and/or the particular conditions that regulate the use of a certain service and/or content and with damage or to the detriment of the rights of the rest of users.
- To carry out any action that prevents or restricts the access to the site for the users, as well as from the hyperlinks to the services and contents offered by DevStat or for third parties through the web site.
- To use the web site as an access road to Internet for the commission of illicit actions or opposite to the in force legislation, the morality, the good customs and the public order.
- To use any type of computer virus, code, software, computer program, computer equipment or of telecommunications, which could cause damages or alterations not authorized of the contents, programs or accessible systems through the services and contents provided in the web site or in the information systems, files and computer equipments of their users, or the access not authorized to any content and/or service of the web site.
- To eliminate or to modify anyhow the devices of protection or identification of DevStat or its legitimate holders that the contents lodged in the web site could contain, or the symbols that DevStat or the third parties that are legitimate holders of the rights incorporate into their creations object of intellectual or industrial property in this web site.
- To include, in web sites of his responsibility or ownership, “metatags” of brands, trade names or distinctive signs property of DevStat.
- To reproduce totally or partially the present web site in another web site; it will not be allowed to make frames to the site or to the web sites accessible through it that hide or modify –as to define but not to limit– contents, advertising spaces and brands of DevStat or of third parties, independent or not of whether they mean acts of disloyal competition or of confusion.
- To create frames inside a web site of his responsibility or ownership that reproduce the main page and/or the pages accessible through it, respective to this web site, without DEVSTAT’s previous authorization.
- To include in a web site of his responsibility or ownership a hyperlink that generates a window or session of the software of navigation used by a user of his web site, in which there are included brands, trade names or distinctive signs of his ownership and through which the main web page is shown and/or any of the pages accessible through the same one, concerning this web site, without DevStat’s previous authorization.
- To use the brand, trade names, as well as any other identifiable sign that is subject to rights of intellectual or industrial property, without the previous express authorization and in writing by its owner.
- To carry out any action which means the reproduction, distribution, copy, rent, public communication, transformation or any other similar action that involves the modification or alteration, of all or part of the contents and services of the site or their economic exploitation, without the previous authorization and in writing by DevStat or by the third party owner of the rights of intellectual and industrial property that go to the services or contents of the web site and unless disposed in these general conditions or, in its case, particular conditions that regulate the use of a service and/or contents existing in the web site.
D) Rights and obligations of DevStat
DevStat reserves for itself the following rights:
- To modify the conditions of access to the site, technical or not, in a unilateral way and without advance notice to the users, without prejudice to what has been arranged in the particular conditions that regulate the use of a certain service of the web site.
- To establish particular conditions and, in its case, the demand of a price or other requirements for the access to certain services and/or contents.
- To limit, to exclude or to condition the access of the users when they do not meet all the guarantees of correct use of the site in conformity with the obligations and bans assumed by them.
- To finish the provision of a service or supply of a content, without right to indemnification, when the same one turns out to be illicit or against the conditions established for the same ones, without prejudice to what has been arranged in the particular conditions that regulate the use of a certain service and/or contents destined for the users of the web site.
- To modify, suppress or update all or part of the contents or services offered through the site, without need of advance notice, without prejudice to what has been arranged in the particular conditions that regulate the use of a certain service and/or contents destined for the users of the web site.
- To undertake any legal or judicial action that is suitable for the protection of the rights of DevStat as of third parties that provide their services or contents through the site, provided that it turns out to be proper.
- To demand the compensation that could derive from the undue or illicit use of all or part of the services and contents provided through the site.
F) DevStat’s exemption and disclaimer
DevStat remains exempt from any type of responsibility for damages of any nature in the following cases:
- For the impossibility or difficulties of connection to the network of communications through which this web site turns out to be accessible, independently of the kind of connection used by the user.
- For the interruption, suspension or cancellation of the access to the web site, as well as for availability and continuity of the functioning of the site or of the services and/or contents in it, when it is due to a reason out of DevStat’s control scope, whether or not it comes directly or indirectly from it.
- DevStat does not take any responsibility with respect to the services and contents, nor with regard to the availability and conditions, technical or not, of access to them, which are offered by third parties that are service providers, especially with respect to the service providers of the information society. By service providers of the information society they will be understood those natural or juridical persons which give the following services to the public: (i) Transmission, through a communication network, of data provided by the addressee of the service; (ii) Services of access to the mentioned network; (iii) Services of storage or housing of data; (iv) Supply of contents or information; (v) Service of temporary copy of the data requested by the users; (vi) Provision of links to search contents or tools.
- DevStat never takes responsibility for the damages that could be caused by the information, contents, products and services –as to define but not to limit– given, communicated, lodged, transmitted, exhibited or offered by third parties foreign to DevStat –included the service providers of the information society– through a web site to which one may access by means of an existing link in this site.
- Nor for the treatment and later utilization of personal data done by third parties foreign to DevStat, as well as the relevance of the information requested by them.
- Nor for the quality and speed of access to the site and of the technical conditions the user must combine in order to be able to access to the site and to its services and/or contents.
- DevStat will not be responsible for the delays or failures that would take place in the access and/or functioning of the services and/or contents of the web site, due to a case of Force Majeure.
- The user of the site will be personally responsible for the damages of any nature caused to DevStat directly or indirectly, for the breach of any of the obligations derived from these general conditions or other procedure by which the utilization of the site is ruled.
G) Intellectual and industrial property
The user knows that the contents and services offered through the site -including texts, graphs, images, animations, musical creations, videos, sounds, drawings, photographs, all the comments, displays and html code of the same one, with this enumeration not having a limitative character- are protected by the laws of intellectual and industrial property. This site’s copyright and its right of economic exploitation belong to DevStat and/or to third entities.
The brands, trade names or distinctive signs that appear in the web site are property of D DevStat or, in its case, of third entities, and are protected by the laws of industrial property in force.
The rendering of the services and publication of the contents through the site will not imply in any case the transfer, resignation or transmission, total or partial, of the ownership of the respective intellectual and industrial property rights by DevStat and/or their third parties legitimate holders.
Under no circumstances the user will be allowed to make a use or utilization of the services and existing contents in the site that is not exclusively personal, except for the exceptions determined in the present general conditions of use of this site or in the particular conditions DevStat wants to establish to regulate the use of a certain service and/or content offered through the web site.
No part of this web site may be reproduced, distributed, transmitted, copied, communicated publicly, transformed, in everything or partly by means of any system or method manual, electronic or mechanical (including the photocopy, recording or any system of recovery and storage of information) through any support currently known or which is invented in the future, without DevStat’s consent. The use, under any modality, of all or part of the contents of the site remains subject to the need to request previous authorization of DevStat and/or third parties legitimate holders and to the acceptance of the respective license, in its case, except for what has been provided with respect to the rights recognized and granted to the user in these general conditions or what is stipulated in the particular conditions DevStat wants to establish to regulate the use of a certain service and/or content offered through the web site.
If the action or omission, guilty or neglectful, directly or indirectly attributable to the user of the web site which originates the infraction of the intellectual and industrial property rights of DevStat or third parties –whether or not there is a benefit for the same one- causes DevStat damages, losses, solidary obligations, expenses of any nature, sanctions, coercive measures, fines and other quantities arisen or derived from any claim, demand, action, lawsuit or procedure, be civil, criminal or administrative, DevStat will have the right to go against the user through all the legal means within its reach and to claim any compensatory quantities, including –as to define but not to limit– moral damages and image, damage caused by non-payment and loss of profit, advertising costs or of any other sort that may prove for its repair, amounts of sanctions or condemnatory sentences, interest for delay, the financing costs of all the amounts in which DevStat may turn out to be damaged, the legal costs and the amount of the defense in any process in which DevStat may turn out to be sued for the reasons previously exposed, for the damages caused because of its performance or omission, without prejudice to exercise any other relevant legal action.
The use of hyperlinks to the present web site will only be authorized by DevStat through written authorization and provided that the hyperlink is done in the following terms foreseen in the present Conditions:
- The link will allow access only to the home page of this web site.
- With the intention of avoiding the confusion of the web users it is banned to load, any page belonging to the web site, in one of the sections of another web page divided in frames, so that it provokes a distortion in the presentation of this web site inducing to confusion to the Internet users (“framing”).
- The authorization to insert a link does not presuppose, in any case, consent to reproduce the visual and functional aspects (“look and feel”) of this web site.
- Likewise it is explicitly banned the creation of an environment or navigation bar on the pages that compose this site, without previous authorization.
- Link outlook: the hyperlink may only be a text. For the use of graphs or logos a license to use the graphs or logos will have to be obtained previously from DevStat. Anyhow, the text will have to express roundly that it links with the present web site. As a rule, the look, the visual effect, the location and, in general, the characteristics of the hyperlink will have to show evidence that the same one leads to DevStat’s web site and that the latter is independent and it is not tied by a relationship of collaboration, association, sponsorship, working nor of any other type, to the web page that contains the hyperlink.
- Any web page that contains a hyperlink to DevStat web site, will have to respect unavoidably these General Conditions of Use of the present web site, be characterized for being loyal and lawful hyperlinks and obey any legal applicable dispositions and the requirements of the morality and the good customs generally accepted.
- Especially, the authorization for the insertion of hyperlinks to this web site will be contingent to the respect for the human dignity and freedom. The web site in which the hyperlink is established will not contain illicit information or contents, opposite to the morality and to the good customs and to the public order, nor contents opposite to any third parties’ rights either.
- Finally, it is banned to insert hyperlinks to the web site in web pages with contents, allusions or orientation opposite to or not compatible with those that inspire DevStat web site.
I) Personal data protection
DevStat guarantees the confidentiality of the personal data provided by the users and its treatment in agreement to the in force legislation on protection of personal data: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and Organic Law 3/2018, of 13 December, of Personal Data Protection and guarantee of digital rights (LOPDGDD). The personal data gathered through the web site will be incorporated to one or several data processings responsibility of DEVSTAT, SERVICIOS DE CONSULTORÍA ESTADÍSTICA, S.L. (DevStat) with address Av. Barón de Cárcer, 26 (entresuelo) 46001 Valencia (Spain).
The access, the contents and services offered through the site have, in principle, an indefinite duration. DevStat, nevertheless, is authorized to consider it finished or to stop the access, services and/or contents of the same one at any time, without prejudice to what has been arranged on this matter in these General Conditions or, in its case, Particular Conditions that regulate the use of a certain service and/or content destined for the users of the web site.
K) Complete agreement
These general conditions and the particular ones that, in its case, be established for specific services, contain all conditions established by DevStat and convened between this one and the user for the use of this site with relation to their object and it will be considered as non-existent any declaration, commitment or promise, verbal, written or implicit, previous to these conditions by relation to the object of the same ones.
The fact that any of the affected parties does not demand in a certain moment the respect of any of the conditions established in these general conditions or, in its case, particular conditions that regulate the use of a certain service and/or content destined to the users of the web site, cannot be interpreted by the other one as the resignation to demanding subsequently its fulfillment.
L) Nullity and voidability
Supposing any clause of these general conditions or, in its case, particular conditions that regulate the use of a certain service and/or content destined for users of the web site, turns out voidable or void, totally or partially, this nullity or cancellation will not affect the validity of the other clauses, which will remain with full efficiency and validity, unless the party who invokes its nullity or cancellation proves that, without the clause which turns out to be voidable or void, the purposes pursued by the present General Conditions and/or particular applicable will not be fulfilled.
These general conditions are governed by the Spanish legislation.
The parties, with express resignation to their own jurisdiction, surrender themselves, for the resolution of all the litigations that could be derived, to the Courts of Valencia capital.