GENERAL CONDITIONS OF ACCESS TO AND USE OF THIS WEBSITE (hereinafter, the "General Conditions").
I. -You are accessing a Website owned by AD SALUTEM Institute for Healthy Sleep S.A. (hereinafter, AD SALUTEM). This website may be visited freely by any User without cost whenever used on an exclusively personal level. "User" shall be understood as any natural person or legal entity which accesses or may have accessed this Website, subject, therefore, to these General Conditions and to the content of the Legal Notices, Disclaimers, Legal Texts and the Confidentiality and Personal Data Protection Policies, where applicable (hereinafter, referred to jointly as the Legal Notices).
II. - The User must, in all cases, use this Website and its content and/or services diligently, in accordance with these General Conditions and with the content of the Legal Notices, as well as with the Law, ethical standards, public order and good practices. AD SALUTEM reserves the right to refuse or withdraw access to this Website and/or the services contained herein, at any time and without prior notice, to any User who fails to comply with the provisions of these General Conditions and, in particular, with that stipulated in the preceding paragraph.
III.- In general, prior subscription or registration as a User is not required to access and use this Website, without prejudice to the need to register as an Authorised User and/or to pay for the use of certain services or contents thereof, as indicated expressly in each case.
IV.- The advertisements, publications on our products, promotions and offers appearing in this Website are aimed at residents of Spain and are only valid within said territory. In the event that the communication for each promotion does not apply to the whole of Spain, the geographic region of participation shall be indicated.
V.- AD SALUTEM reserves the right to amend or delete the content, services and information appearing in this Website at any time and without prior notice.
VI.- In order for AD SALUTEM to be able to provide the services or products offered on this Website, except where expressly established otherwise, the User will need to complete all the data and other information requested in the forms appearing on the Website for each case. In the event that the User does not complete all the data fields in the form, AD SALUTEM may decide not to provide the User with the service or product in question.
VII.- The User undertakes to use this Website and the services in accordance with these conditions and the applicable current regulations.
VIII.- The User undertakes to refrain from using this Website and the services contained herein for purposes or effects which are unlawful, contrary to that established in these General Conditions, harmful to the rights and interests of third parties, or which may in any way damage, incapacitate, overload or impair the Website and the services, or impede the normal use or enjoyment of this Website and of its services by Users.
IX.- The User shall refrain from obtaining or even attempting to obtain information, messages, graphics, drawings, audio and/or image files, photographs, recordings, software and, in general, any type of material accessible through this Website or its services, employing to this end means or procedures other than those which, depending on the case in question, have been place at his/her disposal for this purpose or which may have been suggested through this Website.
X.- The incorporation of content from this Website into other Internet portals or onto other media or devices is not permitted. Nor is the reproduction, distribution, public disclosure or transformation of the contents of this Website permitted, either free of charge or with financial consideration, in any form or on any device.
LEGAL NOTICE ON INTELLECTUAL AND INDUSTRIAL PROPERTY
All intellectual and industrial property rights over this Website and all the contents of the same are the property of AD SALUTEM and are protected by Spanish, EU and international law; the exclusive ownership thereof, all over the world, and throughout the legal life of the same, is reserved for AD SALUTEM.
Said rights include, but are not limited to, all intellectual and industrial rights on texts, images, drawings, colour combinations, audio and/or video files, software files, buttons, brands, logotypes, slogans and designs, computer programs and the elements thereof (source codes, interfaces, applications, system developments, etc.), as well as on the structure, design, selection, ordering and presentation of any information and/or content on this Website.
Moreover, the content of this Website has the status of computer program, and the valid Spanish, EU and international regulations in this regard are applicable.
In all cases, the reproduction, copying, public dissemination, distribution, modification, transformation, withdrawal, manipulation, and any other form of use, whether for profit or otherwise, of all or a part of this Website, or any of its contents, without prior express written authorisation from AD SALUTEM, is expressly prohibited.
This prohibition extends to technical protection devices, digital fingerprints and any other IT mechanisms related to the content. The use of information of any type obtained through this Website or from any of the content of the same, for advertising, promotional and/or commercial purposes or means of any nature is also strictly prohibited.
Notwithstanding that stipulated in the foregoing paragraphs, certain contents appearing on this Website belong to their respective authors and are used on this Website by virtue of the corresponding licence or authorisation from the same.
It should be noted that by publishing content (such as videos or comments) in those sections set aside for that purpose on this Website, the User grants AD SALUTEM a licence on the intellectual and or industrial property rights which may, where applicable, derive from the aforesaid content. Said license is not exclusive and covers all rights and modes of exploitation of the aforesaid content (including, but not limited to, the reproduction, distribution, public dissemination and transformation, by any means, in any form or on any device, tangible or intangible, expressly including the Internet), all over the world and throughout their legal life, without giving entitlement to any remuneration for the same.
Except for the personal data which AD SALUTEM may collect in accordance with the provisions of the legal notice on personal data section of these General Conditions, any information, ideas or material, of any nature, sent to AD SALUTEM by the User shall be considered public and non-confidential, and may be used freely and without charge by AD SALUTEM, as well as by any of its parent or subsidiary companies, under the terms described in the preceding paragraph.
By supplying information or content in the sense and with the consequences described in the preceding two paragraphs, the User guarantees that he/she is not violating any third-party rights, nor infringing any legal or regulatory provision, with the User assuming, fully and exclusively, any liability which may derive from the provision of the aforesaid information or content and for all consequences which may derive from said provision in accordance with the preceding two paragraphs.
Accordingly, AD SALUTEM shall not be held responsible with regard to any possible infractions of intellectual and or industrial property rights of third parties arising from the content provided by third parties. Likewise, AD SALUTEM shall not be held liable for any damages or loss to persons and/or goods resulting from the methods, theories, ideas, opinions, instructions or recommendations expressed in the aforesaid content.
Notwithstanding the foregoing, those persons who consider that their intellectual or industrial property rights have been infringed by any of the contents of this Website may resort to the complaint mechanisms established in the Disclaimer section.
Under no circumstances shall it be understood that, by accessing this Website, the User obtains any license authorisation whatsoever from AD SALUTEM for the use, beyond the strictly personal, of any content, information or service extant on the Website, or over any right related to the same, in particular those of intellectual and industrial property.
LEGAL NOTICE ON PERSONAL DATA.
For the purposes of the provisions of Organic Law 15/1999, of 13 December, on Personal Data Protection (LOPD), as well as the provisions of Royal Decree 1720/2007, of 21 December, approving regulations implementing the LOPD, AD SALUTEM hereby notifies the User that:
1. Any data voluntarily provided by the user will be incorporated into an automated file which is the responsibility of AD SALUTEM and declared beforehand to the Spanish Data Protection Agency (www.agpd.es).
2. The forms contained in this Website are not intended for minors under the age of 14. AD SALUTEM shall not be held responsible for the sending of personal data through this Website by minors under the age of 14. Notwithstanding, should AD SALUTEM learn of any instance thereof, it will immediately delete the aforesaid data.
4. The obligatory fields will be marked on the form.
ACCESS TO THE WEBSITE AND PASSWORDS
The data on the Users obtained through application for membership of this Website are protected by means of passwords chosen by the users themselves. The User undertakes to keep his/her password secret and to protect the same from unauthorised use by third parties. In the event of the password being revealed to third parties, the User shall be responsible for the use made of this service by the aforesaid third parties. Likewise, he/she must notify AD SALUTEM immediately of any non-consensual use of his/her account, or any security infringement related to the service of the website of which he/she may become aware.
On the Internet there is no such thing as absolute security, but AD SALUTEM adopts those technical and organisational measures necessary to ensure the protection of personal data and to prevent the alteration, loss, processing of and/or unauthorised access to the same, taking into account the state of the art, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of Spanish legislation on Personal Data Protection.
AD SALUTEM shall not be held liable to Users for the disclosure of their personal data to third parties owing to grounds not directly attributable to AD SALUTEM, nor for the use that third parties beyond the control of AD SALUTEM make of said data.
LEGAL NOTICE REGARDING LINKS AND LINKED SITES
AD SALUTEM may make technical link devices (such as links, banners or buttons, among others), directories and search tools (hereinafter, "Link Mechanisms") available to the User, which enable the latter to access websites which are beyond the control of AD SALUTEM and/or administered by third parties (hereinafter, "Linked Sites").
The sole purpose of the inclusion of these Link Mechanisms on this Website is to help the User in the search for and access to information available on the Internet, it being understood that they represent no type of relationship between AD SALUTEM and the information which is accessed through the same, nor between AD SALUTEM and the individuals or companies owning the aforesaid Linked Sites.
AD SALUTEM accepts no responsibility regarding any damages which the User may suffer through these Link Mechanisms and/or Linked Sites, in particular with regard to:
1. The operation, availability, accessibility or continuity thereof;
2. The maintenance of the services, content, information, data, files, products and any manner of material which they may contain;
3. The provision or transfer of the services, content, information, data, files, products and any manner of material which they may offer;
4. The quality, legality, reliability and usefulness of the services, content, information, data, files, products and any manner of material which they may contain.
5. Viruses or other damaging elements which these Link Mechanisms or Linked Sites may transmit, which may give rise to alterations in the User's IT systems (software and hardware), or in the electronic documents and files stored therein.
AD SALUTEM neither offers nor markets, either on its own account on through third parties, the products and services available through the links or on the Linked Sites. AD SALUTEM hereby gives notice that it does not previously control, approve, monitor or make its own those products, services, content, information, data, files, products and any other type of material extant in the Link Mechanisms and/or Linked Sites. Accordingly, AD SALUTEM recommends that Users should exercise caution in the evaluation and use of the services, information, data, files, products and any class of material extant in such Link Mechanisms and/or Liked Sites.
In turn, the User and, in general, those individuals who intend to establish Link Mechanisms on their own Websites (hereinafter, third-party Websites) to link to this Website as a Linked Site, must comply with the following conditions:
1. Establishing a link with this Website that does not lead to its homepage is prohibited.
2. The Link shall only allow access to the Website and may not reproduce it in any way.
3. The creation of a browser or a border environment on this Website is prohibited;
4. Making false declarations and giving false, inaccurate or incorrect instructions on this Website and/or the content thereof is prohibited and, in particular, declaring and implying that AD SALUTEM has authorised the link or has, in any way, overseen or accepted the content and services offered or made available on the third-party Website on which the link is established is prohibited.
5. Except for those signs that form part of the link itself, the third-party Website on which the link to this Website is established may not contain any brand, trade name, company name, name, logotype, slogan or other distinctive signs belonging to AD SALUTEM;
6. The third-party Website on which the link is established may not contain information or content contrary to the Law, morality, public order or generally accepted good conduct, or content which may infringe the rights of third parties.
7. The use of any brands, names, trade names, company names, slogans, denominations or any other distinctive sign belonging to AD SALUTEM in the key words or meta names of any third-party Website without prior express authorisation from AD SALUTEM to this end is prohibited.
The establishment of the link to this Website on a third-party Website does not, in any case, imply the existence a relationship between AD SALUTEM and the owner of the third-party Website, nor the acceptance and/or approval by AD SALUTEM of the content or services thereof, unless expressed otherwise by AD SALUTEM.
This website may include the functionality of hosting content supplied by Users, such as videos or comments on the same. By supplying the aforesaid content, the User guarantees that he/she is not infringing any rights of third parties, including intellectual or industrial property rights, rights related to personality, such as honour or privacy, image rights, or any other rights of any kind. The User also guarantees that the uploaded content does not infringe any legal regulation which may be applicable.
Consequently, the User assumes, fully and exclusively, any liability which may derive from the publication of any such content on this Website, with AD SALUTEM being merely an intermediary with no relation to the aforesaid content. Accordingly, the User shall release AD SALUTEM of any liability which may be demanded of it in connection with the contents supplied by said User.
Notwithstanding the foregoing, and given that the publication of unlawful content on the Website is expressly prohibited by these General Conditions, AD SALUTEM shall collaborate in good faith to the best of its ability whenever there are sufficient signs (in the judgement of AD SALUTEM or of the collaborators entrusted with this task) that certain content is unlawful.
To this end, those individuals who may have substantiated grounds to sustain that certain content is illegal, or infringes the rights of third parties, may report the aforesaid content through the report button provided on the Website itself, or by writing to the following address: AD SALUTEM Institute for Healthy Sleep S.A., Dpto. Jurídico, C/ Amilcar, 172. 08032 Barcelona
It is hereby expressly stated that the mere notification stipulated in the preceding paragraph does not in any case suppose "effective knowledge" for AD SALUTEM in the sense of Article 16 of Law 34/2002, unless the notification is accompanied by a ruling from the competent authority referred to in the aforesaid provision. Constantly, in the absence of such a ruling, AD SALUTEM shall only proceed to withdraw the content in question when it considers that the signs or grounds alleged by the complainant evince the patent unlawfulness of the content in question.
LIABILITY FOR COMMENTS IN DIFFERENT CHANNELS
AD SALUTEM offers Users the possibility of uploading comments to different channels it owns (for example, AD SALUTEM's pages on social networks, articles on its own websites, etc.). The publication of comments is subject to these Conditions of Use. If the User does not accept the Conditions, he/she must refrain from using these services.
The person identified in each case as the person who has sent the comments shall be solely responsible for the same, and for ensuring that the inclusion thereof into the Website complies with the laws applicable in each case. User comments do not reflect the opinion of AD SALUTEM, nor does AD SALUTEM make any declarations in this regard. AD SALUTEM will not be held liable for any error, inaccuracy or irregularity contained in comments.
Likewise, AD SALUTEM will not be held liable, except in those cases obliged by the Law, for any damages which may arise from the incorporation of comments onto the AD SALUTEM's pages on social media, articles, or into the other sections of the Website which allow services of this type.
The User agrees and acknowledges that adverts, e-mail chain messages or any other content other than that expressing an opinion or debating articles or news will not be accepted. The User expresses his/her agreement with these Conditions of Use, undertaking to refrain from using the services to send slanderous or insulting messages, or which contain information that is false, inappropriate, abusive, damaging, pornographic, threatening, damaging to the public image and/or the private life of third parties or which for any reason may infringe any law.
In particular, and merely by way of example and without limitation, the User undertakes to refrain from collecting data for advertising purposes, from sending any type of on-line advertising, and from transmitting, disseminating or making available to third parties through the services provided by AD SALUTEM, information, messages, graphics, sound and/or image files, photographs, recordings, software, and in general any manner of material, data or contents which:
1. in any way contravene, denigrate or violate the fundamental rights and public liberties acknowledged in the constitution or in international treaties and in the rest of the legal system;
2. induce, incite or promote unlawful, degrading, defamatory or violent actions;
3. induce, incite or promote actions, attitudes or ideas which are discriminatory with regard to sex, race, religion, beliefs or age;
4. incorporate unlawful, violent or degrading messages;
5. induce or incite individuals to become involved in practices which are dangerous, risky or prejudicial for their health or mental stability;
6. which are false, ambiguous, inaccurate, exaggerated or inappropriate, in such a way that they may give rise to an error regarding the object thereof or regarding the intentions or aims of the communicating party;
7. are contrary to the right to honour, personal and family privacy or personal image;
8. infringe the regulations on the confidentiality of communications;
9. hinder the normal operation of the Services, owing to their characteristics (such as format, length, etc.).
The User supplying the comments cedes the rights for their reproduction, use, distribution, public communication, and any other type of activity with the same, both in electronic, digital, and paper format, or on any other type of media, to AD SALUTEM. And, in particular, the User transfers the aforesaid rights for the placement of comments on the Website of AD SALUTEM, its pages on social networks, etc., in order for all other Users of the different websites to be able to access the same.
In this regard, the supplying User declares that he/she holds the rights over the User Files or, where applicable, guarantees that he/she holds sufficient rights and authorisations from the author or owner of the same, for the use and exploitation thereof by AD SALUTEM through the Website. In the event of User being unaware of whether he/she is sufficiently entitled to cede the same to AD SALUTEM, he/she must expressly notify the company thereof.
AD SALUTEM will not be held liable, except in those cases obliged by the Law, for any damages which may arise through the use, reproduction, distribution or public communication of those comments which are protected by intellectual property rights belonging to third parties, without the User having previously obtained from the titleholders thereof the necessary authorisation for the use that he/she makes or attempts to make of them. In this case, the User accepts that he/she will be solely liable for any claim from any third party asserting to be the titleholder of the rights over the User Files.
The user shall hold AD SALUTEM harmless with regard to any financial or property claim, or of any other type, lodged by a third party in connection with any unauthorised use of the comments.
AD SALUTEM reserves the right to unilaterally remove the comments hosted in the indicated sections of the Website when AD SALUTEM deems such action appropriate.
AD SALUTEM expressly declares that it only provides Users with space on its Website to publish comments and that, for the purposes of Law 34/2002 on Information Society Services and Electronic Commerce, it has the status of intermediary services provider. In accordance with the above, AD SALUTEM will not be held liable for any information sent by the User when it has no actual knowledge that the stored information is unlawful or that it infringes the assets or rights of a third party which are subject to compensation. As soon as AD SALUTEM has actual knowledge that it is hosting data such as those referred to above, it undertakes to act diligently to remove the same or render access to them impossible.
APPLICABLE LAW AND JURISDICTION
These General Conditions shall be governed by Spanish Law.
To resolve any conflicts, the Parties freely submit to the courts of the User's domicile, waiving any other jurisdiction to which they may be entitled.