Legal Notice (web)
1. Legal information and acceptance
This Legal Notice regulates use of the website service (hereinafter the “Website”) which APPGREE, S.A. provides for online users.
APPGREE, S.A. (hereinafter “APPGREE”) is a Spanish public limited company (sociedad anónima) with registered offices at Calle Olivo 8, 1º, 28981 Madrid. Its Tax Code is A-86139706 and it is registered in Sheet M-514191, Volume 28,560, Page 82, Companies Book Section 8 of the Madrid Companies Registry.
This Legal Notice applies solely to access and use of the Website. If you are a user of the Appgree Platform, access and use thereof are governed by the Appgree Conditions of Use , and not by this Legal Notice.
The use of the Website entails the condition of user (hereinafter the “User”) and implies acceptance of all terms set forth in this Legal Notice. Users should consult this Legal Notice each time they use the Website, as its terms may have changed since the last visit to the Website.
APPGREE cannot guarantee availability or the continuation of the services accessed via the Website in the future, and we may at any time decide to interrupt, suspend or definitively cancel this Website without giving rise to any liability towards Users of any kind.
Users undertake to make appropriate use of the Website in accordance with the Law and the terms of this Legal Notice. Any User who fails to comply with the Law or with the terms of this Legal Notice shall be liable to APPGREE or to third parties for any damages caused as a consequence of non-performance of the said undertaking.
The Website shall on no account be used for the purpose of causing harm to the assets or interest of APPGREE or third parties, or to overload, damage or otherwise incapacitate their networks, servers and computer hardware or software products and applications.
2.2 Inclusion of links in the Website
Internet Users and Information Society Service providers wishing to include links from their own website to this Website shall comply with the following terms and conditions:
- The link shall only lead to the Website home page, but it shall not reproduce it in any way (online links, copying of texts, graphics, etc.).
- In accordance with applicable legislation prevailing from time to time, the creation of frames of any kind to capture the Portal or allow visualization of the contents from internet addresses other than the Website is strictly prohibited, in any event where the contents are visualized together with other content not pertaining to the Website so that: (i) it causes, or could cause, error, or confuse or deceive users as to the true source of the service or the Contents; (ii) it represents an unfair comparison or imitation; (iii) it is intended to benefit from the reputation of our brand and/or our good standing; or (iv) it is in any other way prohibited by prevailing legislation.
- The page including the link shall not contain any misrepresentations or inaccurate or incorrect statements concerning APPGREE, its partners, employees or members, or the quality of the services we provide to our Users.
- Under no circumstances shall the page containing the link suggest that APPGREE may have given its consent to the link or in any other way sponsors, cooperates with, verifies or supervises the services of the party creating the link.
- The use of any brand, graphics or mixed logo, or any other distinctive sign is expressly prohibited except in the cases permitted by Law or expressly authorized by APPGREE.
- The page establishing the link shall faithfully comply with the Law and shall not under any circumstances provide or link to proprietary or third-party contents that: (i) are unlawful, harmful, unethical or immoral (e.g. pornographic, violent or racist content, etc.); (ii) induce, or could induce, the User to form the false conception that APPGREE, backs, adheres to or otherwise supports the ideas, representations or expressions of the party responsible for the link, whether licit or illicit; (iii) are inappropriate or out of place in relation to our activity based on the location, contents and subject matter of the website containing the link.
2.3 Intellectual and Industrial Property
All of the Website’s contents, including by way of example only text, photographs, graphics, images, icons, announcements, technology, software, links and other audiovisual or audio content, as well as the graphic design and source codes (hereinafter the “Content”) are the intellectual property of APPGREE or their lawful owners, and none of the operating rights established by prevailing intellectual property legislation shall be deemed to be assigned to Users. Notwithstanding the foregoing, Users may use said Content insofar as may be necessary for the purposes of navigation while they remain connected to the Website. In particular, Users shall refrain from reproducing, copying, distributing, providing, publicly communicating, transforming or modifying the Content, except as may be strictly necessary to download the same in those cases where this option is offered on the Website, or in cases permitted by Law or otherwise expressly authorized by APPGREE.
Brands, trade names and logos are the property of APPGREE, and accessing the Website shall not be understood to confer on Users any rights over the said brands, trade names and/or logos.
3. Exemption from responsibility
3.1 Service quality
Connections to the Website are made over open networks, and APPGREE therefore does not control the security of data communications or of devices connected to the internet. The User shall be responsible for applying adequate tools to detect, prevent and disinfect viruses and malicious software. Users will find further information on free tools for the detection of malware (viruses, Trojans, etc.) on the INTECO website: http://www.osi.es/es/herramientas
We cannot accept any liability for any damage caused to Users’ or third parties’ hardware due to the actions of third parties during connection to our Website.
3.2 Availability of the Service
Access to the Website requires the provision of services by third parties, including transmission over telecommunications networks, the reliability, quality, security, continuity and functioning of which is not the responsibility of APPGREE and is not under our control.
APPGREE shall not be liable for any damages of any kind occasioned to the User as a consequence of telecommunications network failures or disconnection, or failures in other services, resulting in the suspension, cancellation or interruption of the service provided by the Website before or during the provision of the service.
3.3 Linked contents and services
The Website may include links allowing Users to access other Internet sites and portals (hereinafter the “Linked Sites”). In these cases, APPGREE acts as the intermediary service provider in accordance with article 17 of the Spanish Information Society Services and Electronic Commerce Act (Law 34/2002, of 11 July) and we shall be liable for the content and services provided in the Linked Sites only insofar as we may be actually aware that such content and services are unlawful and fail to act with due diligence to deactivate the link. If a User considers that the content of a Linked Site is unlawful or inappropriate, he/she may inform APPGREE in accordance with the procedure and for the purposes established in clause 4 below. Reporting a site in this way shall not in any way oblige APPGREE to remove the link concerned.
Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with the controllers or owners of such sites, or any recommendation, promotion or identification on the part of APPGREE with regard to the representations, contents or services provided by such Linked Sites.
3.4 Third-party hosted by APPGREE
The Website includes, or may include, the option for registered and unregistered Users to include their comments on the products, and to participate in any other way by giving their personal opinions or providing certain information. Likewise, some of our products and services may include third-party content. In these cases, APPGREE acts as the intermediary host in accordance with article 16 of the Spanish Information Society Services and Electronic Commerce Act, and we shall be liable for content uploaded by other Users only insofar as we may be actually aware that such content is unlawful and fail to such unlawful content. If a User considers that the comments or content uploaded by other Users are unlawful or inappropriate, he/she may inform APPGREE in accordance with the procedure and for the purposes established in clause 4 below. Reporting comments or content in this way shall not in any way oblige APPGREE to remove the comment or content concerned.
Under no circumstances shall the existence of third-party comments or content presuppose the existence of agreements with the authors of the same, or any recommendation, promotion or identification on the part of APPGREE with regard to the information provided.
3.4 Confidentiality of information transmitted over our Website
We not adopted the security measures required by Law to guarantee the confidentiality and privacy of personal data provided by Users on our Website. Notwithstanding the foregoing, the data transmitted to APPGREE travels over third-party telecommunications networks which we do not control. Furthermore, the presence of malicious software in your devices may result in retransmission or recovery of such information without your knowledge.
We cannot accept any liability for failure to maintain the confidentiality of information transmitted by equipment or over telecommunications networks owned by third parties, or for any software or hardware vulnerabilities in Users’ own devices.
4. Reporting of unlawful or inappropriate third-party activities OR services
Should a User, or any other user of the Internet, become aware that any of the Linked Sites, third-party content or any third-party services provided by APPGREE (e.g. permitted users’ comments, etc.) are unlawful, harmful, defamatory, violent, immoral or in any other way infringe the terms of this Legal Notice, or that any other information uploaded by Users themselves via the services we offer on our Website are inappropriate as described, said User or Internet user may contact us, providing the following information:
- Description of the facts concerned in the unlawful or improper nature of the Linked Site.
- In the case of intellectual or industrial property rights, or any other rights of which we might not be aware, the personal details of the rights holder affected if the same is a person other than the complainant, as well as the instrument authorizing the complainant to represent said rights holder. In such cases, documentation supporting the existence of the legal right or good infringed.
- Express representations as to the truthfulness of the information contained in the complaint.
Receipt by APPGREE of any communication pursuant to this clause shall not mean that the same has actual knowledge of the activities and/or contents indicated by the complainant under the provisions of the Information Society Services and Electronic Commerce Act.
6. Customer service
If you have any concerns, suggestions or complaints, or if you wish to make any queries regarding our Website, please contact us.
These Terms shall be governed by Spanish Law, without prejudice to any cases in which the laws of other States may apply on a mandatory basis.