In compliance with the information duty established under article 10 of the 34/2002 Law dated 11th July from the Society Information Services and Electronic Trade of Spain (Servicios de la Sociedad de la Información y del Comercio Electrónico) the following data is hereby. stated: the company owning web domain is THE CONSTRUCT SIM, S.L (hereafter THE CONSTRUCT), with address on Avenida de les Corts Catalanes, number 608, 3º-D, Barcelona (08007), SPAIN C.I.F. number: B66615543 registered at the B-474075, 45007, 29. Contact email address: firstname.lastname@example.org from the website.
The access and/or use of online platform THE CONSTRUCT attributes the condition of USER, to whom accepts from such access or use, the General Conditions of Use hereby stated. The established Conditions will be applied regardless of the Contracting General Conditions which, in such case, result in obligatory compliance.
USE OF THE ONLINE PORTAL
www.theconstructsim.com gives access to a variety of information, services, programs or data (hereafter “content”) on Internet belonging to THE CONSTRUCT or to the licenses the USERS might have access to. THE USER assumes responsibility of the use of the online portal. Such responsibility extends to the necessary registration to access specific services or content.
In such registration, the USER will be responsible for providing truthful and legal information. As a consequence of this registration, the USER could be provided with a password. The USER will be responsible for the password and will be committed to make confidential and diligent use of it. The USER commits to making good use of the content and services (for example chat services, discussion forums or groups) that THE CONSTRUCT offers through its online portal and with notifying character and in no case limiting to not use them to (i) incur in illicit or illegal activities or against good faith and public order; (ii) spread propaganda with racist, xenophobic, pornographic-illegal, advocacy of terrorism or any attempt towards human rights violations content: (iii) cause damage to the physical and logical systems of THE CONSTRUCT, its providers or third parties, introduce or spread viruses in the net or any other physical or logical systems which are susceptible to causing the aforementioned damage; (iv) attempt to access or in its case, use other users’ email accounts or modify or manipulate their messages. THE CONSTRUCT reserves the right to remove all those comments or contributions which affect another person’s dignity, which are discriminatory, xenophobic, racist, pornographic, attempt against childhood or youth, order or public safety or which are not appropriate for publication. In any case, THE CONSTRUCT will not be responsible for the USERS opinions through forums, chats or other participation tools.
THE CONSTRUCT follows the guidelines of Organic Law 15/1999 from 13th December of Personal Data Protection, the Real Edict 1720/2007 of 21st December by which the Development Regulation of the Organic Law is approved as well as other existing regulation and ensures the correct use and processing of the users’ personal data. For this, along with each personal registration form, in the services that the user might request from THE CONSTRUCT, will advice the user of the existence and acceptance of the conditions and processing of data in each case, informing of the responsibility of the file created, the responsible address, the possibility to enforce its access rights, amendment, cancellation or opposition, the purpose of the procedure and the communication of data to third parties.
Additionally, THE CONSTRUCT informs that it fulfills Law 34/2002 from 11th July of the Society Information Services and Electronic Trade of Spain (Servicios de la Sociedad de la Información y del Comercio Electrónico) and will request its consent to the processing of its email with commercial purposes only.
INTELLECTUAL AND INDUSTRIAL PROPERTY
THE CONSTRUCT by itself or as an assignee, is the intellectual and industrial property right holder of its web page as well as the elements within the page (including images, sound, audio, video, software or texts; brands, logos, color combination, structure, design, selection of used material, necessary computer programs, access, use etc), assignee of THE CONSTRUCT or its licensors.
All the rights reserved. In accordance with articles 8 and 32.1, second paragraph, from the Intellectual Property Law of Spain, the reproduction, distribution and public communication including its disposition form, of the totality or part of the contents of this web page, with commercial means, under any support and through any technical method are strictly prohibited without the authorization of the THE CONSTRUCT. The USER is committed to respect the rights of the Intellectual and Industrial Property owned by THE CONSTRUCT. The USER could visualize the elements of the web portal and even print, copy or save them in their computer hard drive or in any other physical support as long as it is solely for personal and private use. The USER must abstain from removing, changing, avoiding or manipulating any protection device or security system that may be installed in the THE CONSTRUCT pages.
SUSPENSION OF WARRANTY AND RESPONSIBILITY
THE CONSTRUCT is not responsible, under any circumstances, of the damages and losses of any kind that could cause including but not limited to: mistakes or omissions in the contents, lack of availability of the web portal or the transfer of virus or malicious or wrongful programs in spite of having adopted all the necessary strategies to prevent it.
THE CONSTRUCT reserves the right to undergo any modification to the web portal, which might be necessary, without previous notice, being able to change, delete or add content or services given through the page as well as the way these are presented or located in the web portal.
In the case that in www.theconstructsim.com there were links or hyperlinks to other internet sites, THE CONSTRUCT will not exert any type of control over such sites and their contents. In no case will THE CONSTRUCT assume any responsibility for the contents of a link belonging to an external web site, nor will it guarantee the technical availability, quality, credibility, accuracy, validity and constitutionality of any material or information contained in any of such links and hyperlinks or other internet sites.
Equally, the inclusion of these external links will not imply any type of association, merge or participation with those entities.
THE CONSTRUCT reserves the right to refuse or withdraw the access to the portal and/or its offered services without previous notice, personally or through a third party, to those users who breach the present General Use Conditions.
THE CONSTRUCT will pursue any breach of the present conditions as well as any inappropriate use of the web portal applying all the civil and criminal actions which, by right, may belong to it.
MODIFICATION AND DURATION OF THE PRESENT CONDITIONS
THE CONSTRUCT may modify at any moment the conditions hereby established, being properly published as they appear.
The validity of the forementioned conditions will go in accordance to their exposure and will continue to be effective until duly published or until replaced for other.
APPLICABLE LEGISLATION AND JURISDICTION
The relationship between THE CONSTRUCT and the USER, will operate under the current Spanish rule and any controversy will be submitted to courts in the city of BARCELONA.