1.- Legal Information and Acceptance
Access to and/or use of such services and content implies the complete and unconditional acceptance of the particular conditions as published by Desktop Soft at the time of such access and/or use.
2.- Accessing the Website
The Website is made available free of charge (notwithstanding the Internet connection fees to be paid by the user to the relevant telecommunications operator; the USER is solely responsible for making all the arrangements necessary for them to have access to the Website)
Desktop Soft does not guarantee that the Website, or any service or content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis (Desktop Soft offers the Website service for a duration restricted to the moment in which users access and connect to the Website or to any other of service offered). Desktop Soft may suspend, withdraw, discontinue or change all or any part of our site without notice. Desktop Soft will not be liable to the users if for any reason the Website is unavailable at any time or for any period.
Desktop Soft does not represent that content available on or through the Website is appropriate or available in other locations. Desktop Soft may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time.
3.- Registration and Password
Desktop Soft reserves the right to seek the registration of users for access to certain services on the Website. When prior registration is required, users must complete the online registration process as expressly established for each service, providing the information as prompted in the relevant registration form. Registration may require to be firstly subscribed with a third party provider (i.e social network, email provider). User must abide the terms and conditions of such third party provider before registering.
All the information provided by users through the Website must be truthful, accurate, updated and complete. For this purpose, each user guarantees the authenticity of all data that he/she provides when filing the forms required to register or subscribe the relevant services.
If the user chooses or is provided with a user identification code, password or any other piece of information as part of our security procedures (the “password/s“), the user must treat such information as confidential. The user must not disclose it to any third party.
Assigned passwords are personal and non-transferable; no assignment of passwords, even temporarily, to third parties is permitted. As such, users agree to use their passwords diligently and keep such passwords secret. In the event that a user knows or suspects the loss, theft or use of his/her password by others or that anyone other than the user knows his/her password, then that user must promptly bring this to the attention of Desktop Soft at email@example.com.
Each user is responsible for costs and damages caused by the use of the Website, content or services by any third party using his/her password due to careless use or loss of it by a user.
Use of the Website and its content is entirely voluntary and under the sole and exclusive responsibility of the user.
Access to the Website is free except for the cost of connection through the telecommunications network provided by the service provider contracted by the user, if any. Some services are exclusive to certain users and their access is restricted.
Users may solely access the content and services through the means or procedures that have been made available for this purpose on the Website or used on the Internet for this purpose, provided they do not involve the violation of intellectual or industrial property or involve any damage to the Website and/or its information or services offered.
Users are obliged to use the Website, content and services in a diligent, proper and lawful manner and, in particular, agree to refrain from behavior including but not limited to the following: (a) use of the Website, content and services in a manner that results in activity which is illegal, immoral or against generally accepted best practices or public order; (b) use of the Website, content and services in a way that breaches any applicable local, regional, national or international law or regulation; (c) transmitting or disseminating information, data, content, messages, graphics, drawings, sound and/or images, photographs, recordings, software and, in general, any material that is obscene, offensive, vulgar or that may induce activity which is criminal, slanderous, defamatory, violent or, in general, contrary to law, moral rights or generally accepted best practices or public order; (d) reproducing, duplicating, copying, reselling or distributing any part of the Website or the content, or allow public access to them through any form of public communication, or transform or modify it, unless with the permission of the copyright owner or corresponding rights holder; (e) infringing intellectual or industrial property belonging to third parties or Desktop Soft; (f) using the services and content in a way that could undermine or overload the operation of the Website; (g) not to access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored; any software used in the provision of the Website, or any equipment or network or software owned or used by any third party; (h) conducting unlawful or fraudulent transactions or ones that could facilitate illegal or fraudulent behaviour of any kind, or using the Website, content and services in a way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; i) using the Website, content and services for commercial purposes (j) using the Website, content and services and, in particular, information of any kind obtained through the Website for any advertising purposes and, in particular, for sending, or procuring the sending of advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited or unauthorized advertising and promotional material or any form of similar solicitation, unsolicited messages or addressed to a number of people, or to sell or otherwise disclose such information without the authorisation of the addressee and Desktop Soft; (k) knowingly transmitting any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and (l) sending, knowingly receiving, uploading, downloading, using, re-using any material or content which does not comply with Desktop Soft content standards below.
Desktop Soft may from time to time provide interactive services on the Website, including, without limitation, chat rooms, bulletin boards, discussion forums, blogs, articles with public comments or social media platforms.
Where Desktop Soft does provide any interactive service, Desktop Soft will provide clear information to the users about the kind of service offered, if it is moderated and what form of moderation is used, including whether it is human or technical. Desktop Soft may use, for instance, spam filters or word filters to automatically prevent the uploading or publication of, or block or delete contributions containing inappropriate words or phrases.
This Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by Desktop Soft. The views expressed by other users on our site do not represent our views or values. The views expressed by users on the Website or the interactive services do not represent Desktop Soft views, values, opinions or positions and the users are responsible for their comments and for the information, material or content they publish.
Where Desktop Soft does moderate an interactive service, Desktop Soft will normally provide the user with means of contacting the moderator, should a concern or difficulty arise.
The following content standards apply to any and all information, material or content that users contribute to the Website and to any interactive services associated with it (the “contributions”). The user must comply with the spirit and the letter of these standards, which apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in Spain and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Contain images or videos.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark or any other right of any third party.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from Desktop Soft, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Infringe any applicable law or regulation.
Immediate, temporary or permanent withdrawal of the user’s right to use the Website.
Immediate, temporary or permanent removal of any contribution, posting or material uploaded by the user to the Website or any interactive service associated to it.
Issue of a warning to the user.
Legal proceedings against the user for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against the user.
Disclosure of such information to law enforcement authorities as reasonably necessary and to the extent permitted by law.
Any users’ contribution to the Website will be considered non-confidential and non-proprietary. Each user retains all of his/her ownership rights in his/her contributions, but grants Desktop Soft and other users of the Website a free of charge licence to use, store and copy those contributions and to distribute and make them available to third parties, with the widest and longest scope and duration permitted by law for the purposes of publicly display the contribution of the Website. Users expressly authorize Desktop Soft to use the contributions published, uploaded or sent by them for the promotion and marketing of the Website.
Users are solely responsible for securing and backing up their content.
5.- Intellectual Property Rights
The Website and those works are protected by copyright laws and treaties around the world. All such rights are reserved.
It is expressly prohibited to reproduce, distribute, modify, transfer, communicate or make available to the public, extract, reuse, resend and in any other manner use by any means the Website or any of the parts or elements thereof (including, but not limited to text, design, graphics, information, data, archives, sound files and/or images, logos, etc.), unless the holder of the relevant rights (either Desktop Soft or a third party) has provided its prior written authorization or if it is permitted by law. The breach of these obligations may constitute a violation of the intellectual or industrial property rights and other applicable laws.
Users must not use any part of the information, content or material on the Website for commercial purposes without obtaining a licence to do so from Desktop Soft or its licensors.
Provided that they are not obtained or used for commercial or professional purposes but for private purposes only and in accordance with that established in the applicable legislation, users may view and obtain temporary private copies of the information, materials and content of the Website in their computer systems (hardware and software).
It is expressly prohibited to access or obtain, or attempt to access or to obtain the information, materials or content of the Website through means or procedures other than those which, if any, (i) have been made available to users or have been indicated for this purpose; or, in general, (ii) are commonly used on the Internet for this purpose, provided that they do not imply a risk of damage, mutilation or uselessness of the Website, the information, materials or content.
6.- No Reliance on Information
The content on the Website is provided for general information only. It is not intended to amount to advice on which users should rely. Users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
Desktop Soft makes no representations, warranties or guarantees, whether express or implied, that the Website or any information or content on it is accurate, complete or up-to-date or will be free from errors or omissions.
7.- Disclaimer of Warranties and Liability
To the extent permitted by law, Desktop Soft excludes all conditions, warranties, representations or other terms which may apply to the Website or any information, content or material on it, whether express or implied.
Desktop Soft reserves the right to terminate the users’ access to the Website as well as the provision of any or all content or service provided through it at any time and without notice, for technical, security, maintenance or power failure reasons or any other reasonable cause.
Accordingly, Desktop Soft does not guarantee the reliability, availability or continuity of the Website, the content or the services, so that the use of them by users is done at their own risk, and Desktop Soft cannot be held liable for any loss or damage arising under or in connection with the use of, or inability to use the Website or services or the discontinuance or unavailability of the Website or services.
Desktop Soft will not be held liable for any interruptions to such services, delays, errors, malfunctions and, in general, any other problems that originate from causes beyond the reasonable control of Desktop Soft, and/or due to willful misconduct or fault of users and/or due to Force Majeure. Force Majeure is understood to include all those events beyond the reasonable control of Desktop Soft, such as failures of third parties, operators or service companies, acts of government, lack of access to third-party networks, acts or omissions by public authorities, those produced as a result of natural disasters, power outages, and the attack by hackers or other third parties to the security or integrity of the system. In any case, whatever their cause to the extend permitted by the applicable law, Desktop Soft shall have no liability whatsoever for any direct or indirect damages, consequential damages and/or loss of profits.
To the extend permitted by the applicable law, Desktop Soft excludes all liability for damages of any kind that may result from the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, stored, made available or received, obtained or accessed through the Website, nor for the content provided or offered by third parties or entities.
Desktop Soft is not responsible for the content or information collected in the Website, nor for the users’ contributions or for those opinions, comments, insights or other communications that are not issued directly by Desktop Soft.
Desktop Soft undertakes to comply with the security legal obligations and to adopt all security measures that are mandatory under applicable law. However, Desktop Soft cannot and does not warrant that internet transmissions are completely private or secure, that any information may not be read or intercepted by others, or that there will not be any viruses, other harmful elements in the content that may cause alterations in the computer systems as well as in documents or other systems stored therein. Correlatively Desktop Soft cannot accept any liability deriving there from.
Desktop Soft excludes liability for the content or contributions that users send Desktop Soft via the Website, via email or any other means, therefore, the users being liable for content or contributions sent by them. Similarly, Desktop Soft is not liable for the use that users make of the content of the Website or their passwords, and any other material contained on the Website that potentially constitutes a violation of any regulations, national or international, of the rights of intellectual property or other rights of third parties. Similarly, Desktop Soft will not be held liable for any possible security errors that may occur through the use of outdated versions of browsers, or for any consequences that may arise from malfunctions of browsers, either by improper configuration, computer virus or any other cause not directly related to Desktop Soft.
8.- Links to Third Party Sites (Outbound Links)
The Website may include technical linking devices, directories and even search tools that allow users to access other sites (“Linked Sites“) solely with the purpose to facilitate the search for and access to information, content and services available on the Internet.
In no event does the existence of Linked Sites deem the existence of agreements or any business relationship between Desktop Soft and those who run, manage, are responsible for or owners of such Linked Sites, nor the support, approval, recommendation, promotion or identification of Desktop Soft with the content or services offered by them.
Desktop Soft (i) does not assume any responsibility for the content or services of other websites, and shall not be held liable for any losses or damages caused by the unlawfulness, quality, unavailability, error or use of the content and/or services of the Linked Sites nor for any other damage that is not directly attributable to Desktop Soft except for that which may be set out herein; and (ii) does not guarantee the absence of viruses or other similar elements which may cause alterations in the users’ information systems (hardware and software), electronic documents and/or files. Desktop Soft is not responsible for the results obtained through the Linked Sites. If users choose to visit and/or use any of the Linked Sites then they do so at their own risk and must take appropriate protective measures against viruses or other harmful elements.
9.- Links to the Website (Inbound Links)
No third party is authorised to insert links from a third party website to the Website unless with the express written consent of Desktop Soft.
The provision of such authorization and the consequent insertion of the link will in no event imply the existence of agreements or a relationship between Desktop Soft and the relevant third party or the approval by Desktop Soft of the content and services offered in the relevant website. The link to be included in the third party website shall be exactly the same as the one provided by Desktop Soft.
In the event that a third party is authorised to use the link www.desktop-soft.com (or a specific country variant of such domain), this use will be in compliance with the intended use and limitations provided for in the consent itself. In this case, Desktop Soft may seek, at any time and without providing the reasons for the request, the removal of any link to the Website, after which the party responsible for such site should immediately proceed to the elimination of such inbound link.
10.- Privacy and Protection of Personal Data
Desktop Soft may update the Website and change the content, design, presentation and/or the configuration at any time without prior notice.
12.- Applicable Law