In compliance with the Spanish law 34/2002, dated July 11, related to the information society and e-commerce services, the general information about this web site is as follows: - Owner: DAMBOO TECHNOLOGIES, S.L.
These General Conditions regulate the use of the internet web site "www.damboo.com" (the "Web Site") that Damboo puts at your disposal as user (the "User"). The use of the Web Site implies full acceptance by the user of all the General Usage Conditions applicable at any moment when the User accesses the Web Site. Thus, if the User does not agree with any of the conditions established here, the User must not use this Web Site.
Damboo reserves the right to modify these General Web Site Usage Conditions at any time, as well as any other general or particular conditions, usage rules, instructions or applicable notices. Also, Damboo reserves the right to suspend, interrupt or stop operating the Web Site at any moment.
Through the Web Site, Damboo facilitates access to diverse contents, information and data (the "Contents") provided by Damboo to the Users. Damboo reserves the right to modify the presentation (including the "look-and-feel"), configuration and localization of the Web Site at any moment, as well as the Contents and the required conditions to use the same. Among the Contents there is a restricted-access area for Employees of Damboo whose access and usage are subject to the conditions contemplated in section 4 of this document.
3.1. Access and usage of the Web Site. The User recognizes and accepts that the access and usage of the Web Site and/or the included Contents is free and conscious, under the User's own responsibility. The access to the Web Site and/or its Contents does not imply any type of guarantee with respect to the usefulness of the Web Site and/or its Contents for particular or specific needs of the Users. Damboo may establish limitations and/or additional conditions for the usage and/or access to the Web Site and/or to the Contents, that must be observed by the Users in all cases.
3.2. Authorized usage of the Web Site and the Contents. The User commits to use the Web Site and the Contents adequately and legally, in conformity with the applicable legislation, these General Web Site Usage Conditions, generally accepted moral and good manners and public order. The User must refrain from (i) unauthorized or fraudulent usage of the Web Site and/or the Contents; (ii) accessing or trying to access restricted resources or areas of the Web Site, without fulfilling the required conditions for access; (iii) using the Web Site and/or the Contents to ends or effects that are illicit, illegal, contrary to these General Conditions, to good faith and public order, harmful to the rights and interests of third parties, or that in any way may damage, make unusable or overload the Web Site or prevent the normal usage and enjoyment of the Web Site; (iv) causing damages in the physical or logical systems of Damboo, its providers or third parties; (v) introducing or spreading software viruses in the network or any other physical or logical systems that will potentially cause damages in the physical or logical systems of Damboo, its providers or third parties, (vi) trying to access, use and/or manipulate the data of Damboo, third party providers and other users; (vii) reproducing or copying, distributing, permitting public access through any public communication mode, transforming or modifying the Contents, unless there is an authorization to do so by the owner of the Contents or it is legally permitted; (viii) suppress, hide or manipulate the notices about intellectual or industrial property and other identification data of the rights of Damboo or third parties included with the Contents, as well as the technical protection devices or any information mechanisms that may be inserted in the Contents; (ix) obtaining or trying to obtain the Contents using other means or procedures than the ones provided or that have been expressly indicated in the web pages where the Contents are located or, in general, that are normally used on the internet, to avoid risk of damage or making the Web Site and/or the Contents unusable.
To access and use the restricted access area for Employees, Damboo will assign a personal key for the exclusive use of each Employee of the Group. From this moment, the Registered User will be allowed to access the restricted access area and use the Contents in the way anticipated in these General Web Site Usage Conditions.
The Registered Users will at all times be responsible for the custody of their access key, assuming in consequence any damages that may be derived from its improper usage, as well as the transfer, revelation or loss of the same. To these effects, the access to restricted areas and/or usage of the Contents performed using the key of a Registered User will be considered performed by that User, who will in all cases be responsible for the access and usage. The Registered Users will at any time be able to modify their exclusive key by means of a request directed to Damboo. In case of forgetting the key or any other circumstance that implies a risk of access and/or usage by non-authorized third parties, the Registered Users must immediately inform Damboo so that the key can be immediately blocked and replaced.
The User recognizes and accepts that all industrial and intellectual property rights of the Contents and/or any other elements inserted in the Web Site (including, without limitation, brands, logotypes, commercial names, texts, images, graphics, designs, sounds, databases, software, flow diagrams, presentation, "look-and-feel", audio and video), belong to Damboo. In no case the access to the Web Site implies renouncing, transfer, licence or awarding of total or partial rights, unless the contrary is expressly stated. These General Web Site Usage Conditions do not confer to the Users any other rights of usage, modification, exploitation, reproduction, distribution or public broadcast of the Web Site and/or its Contents than the ones expressly anticipated here. Any other use or exploitation of any of the rights will be subject to the specifically expressed prior authorization given by Damboo.
Damboo authorizes the Users to use, visualize, print, download and store the Contents and/or the elements inserted in the Web Site, exclusively for their personal, private and non-commercial usage; as long as the origin and/or author is always indicated and the copyright symbol and/or industrial property notice of its owners appear. The commercial or lucrative usage of the elements, their reproduction, communication and/or distribution are totally prohibited, as well as their modification, alteration and decompilation. For any other usage apart from the expressly permitted, it will be necessary to obtain prior written consent from the owner of the rights at hand.
Damboo does not guarantee the availability and continued operation of the Web Site. Also, Damboo will not in any case be responsible for any damages that may be derived from (i) lack of availability or accessibility of the Web Site; (ii) interruption in the operation of the Web Site or technology failures, connectivity failures, telephone failures, delays or blocked functionality caused by deficiencies or overloads of the phone lines, in the internet system or in other electronic systems; (iii) lack of usefulness of the Web Site for the specific needs of the Users and (iv) other damages that may be caused by third parties through non-authorized intrusions outside of the control of Damboo.
To reduce the risk of viruses being introduced in the Web Site, Damboo uses virus detection programs to control the Contents introduced in the Web Site. Nevertheless, Damboo does not guarantee that there are no viruses or other malicious elements in the Web Site, introduced by third parties outside of Damboo that may cause alterations in the physical or logical systems of the Users or in the electronic documents and files stored in those systems. Consequently, Damboo will in no case be responsible for any damage of any kind that can be derived from the presence of virus or other elements that can produce alterations in the physical or logical systems, electronic documents or User files.
Damboo adopts diverse measures to protect the Web Site and the Contents against third party attacks. Nevertheless, Damboo does not guarantee that non-authorized third parties can not obtain access to the type of Web Site usage realized by the User or the conditions, characteristics, or circumstances in which that usage is realized. Consequently, Damboo will in no case be responsible for any damages that can be derived from this kind of non-authorized access.
Damboo will not in any case be responsible for the use that the Users and/or third parties may make of the Web Site and the Contents, nor for the damages that may be derived from the same.
Damboo reserves the right to take any available legal action to demand the responsibilities derived from non-fulfilment by the User of any of the dispositions of these General Web Site Usage Conditions.
The declaration of any of these general conditions as invalid or inefficient will not affect the validity or efficiency of the rest, which will continue being binding between the parties. If any of the parties at a specific moment renounces from requiring the fulfilment of any of the general conditions stipulated here, it does not imply generally renouncing to the fulfilment of another condition or conditions, nor does it generate an acquired right for the other party.
The provision of the Web Site service and these General Web Site Usage Conditions are governed by Spanish law. To the extent that the law permits, the parties, expressly renouncing to any other law that may be applicable, agree to submit themselves to the jurisdiction of the courts of Madrid, Spain.
In compliance with the organic Spanish law 15/99, dated December 13, regarding Protection of Personal Data, we inform the Users that there are automated files where data acquired in various forms of this web site are stored. By sending this information, the user expressly authorizes Damboo to process the personal and professional data to the necessary extent for the purposes that they were requested for.
The user must fill out the forms with true, exact, complete and updated data. The user will be the sole responsible for and damages, direct or indirect, that may be caused to Damboo or to any third party due to filling out the forms with false, incorrect, incomplete or obsolete data.
The automated data files are the responsibility of DAMBOO TECHNOLOGIES, S.L., whose current address is C/. Jazmines, 6 Ext. G - 28400 Collado Villalba, Madrid (Spain).
The capture and automated processing of the personal data that Damboo will perform have the objective to provide services through its Portal as well as the inclusion of professionals in Damboo's database. The acceptance by the users of the processing and submission of their personal data is revocable, without retroactive effects, in conformity with the articles 6 and 11 of the Organic Law 15/1999, dated December 13, regarding Protection of Personal Data. The users of Damboo may at any moment make use of the right to access, rectify, cancel or oppose in the terms established in the current legislation, communicating their desires to Damboo through any channel and especially through the URL www.damboo.com.Â Â
Damboo commits itself to treat the Users' personal data in conformity with applicable regulations and, in particular: