In compliance with article 10 of the Law 34/2002, from July 11th from ‘Servicios de la Sociedad de la Informacion y Comercio Electrónico’ (Services from Information and Electronic Commerce Society) the identifying details of the company in hold of the website are shown below.
Corporate Name: Gradient Technologies, L.C.
CIF (Company Tax Code): B-98464035
Registered Office: Plaza Santa Magdalena Sofía, 46110 Godella (Valencia) - Spain
E-mail Address: firstname.lastname@example.org
E-mail Address for the exercise of Data Ownership Rights: email@example.com
Commerce Register Inscription: RM Valencia, tomo (book) 9.507, folio (document) 134, hoja número (pg. n º) V-149.783
Gradient Technologies (GLASSY, onwards) manifests and guarantees that the website will dispose of necessary supporting technology (software and hardware), that is to date, to provide access and utility of the aforementioned. However, GLASSY cannot guarantee the inexistence of viruses and/or any other form of harmful elements introduced through any way by any third party that could create changes in the information systems of the User.
The user accepts to the good faith in the creation and development of the website by GLASSY as well as the current state of the website, which could include inaccuracies and erratum. Therefore, the user exonerates GLASSY from any liability in relation to the reliability, utility or false expectation issues that the website could produce during its navigation.
The user compromises that any activity developed through the website and its services will adequate to the law, moral conduct, good manners and the public order and in no way it will result harmful to the name and commercial image of GLASSY, the rest of users and other stakeholders.
In particular, by way of example but not limited to, the user compromises to not utilize the website with the following ends (a) supplant the identity of a third party; (b) incite or promote actions categorized as criminal, defamatory, degrading, offensive or contrary to the law, moral conduct or the public order; (c) induce or promote actions or ideas that are discriminatory in any form (racial, sexual, ideological, or religious) ; (d) incorporate, put to disposition and/or access of products, elements, messages and/or services that are categorized as criminal, violent, pornographic , offensive or contrary to the law, moral conduct or the public order; (e) infringe intellectual property or patent rights that belong to third parties; (f) infringe regulations on communication secrets, advertising and/or unfair competition.
No message reissued or inserted for its appearance on the website will use expressions that are considered to be incorrect, degrading, defamatory or insulting. The authors of the messages will hold responsibility of the content when they appear on communications platforms like forums, blogs, posts or comments on these. GLASSY does not hold liable for the content nor opinions published by the users on the prior mentioned platforms. GLASSY holds the right to delete in any instance any content that appears on the website that is illicit or that does not comply with the usage conditions mentioned here. In any case, legal liability will fall on the person committing the infraction.
INFORMATION ADDED TO THE WEBSITE BY USERS
Among the services offered by the website is the information related to ‘Spots’ (places, points or geographic locations for the practice of surfing) that incorporates a series of information related to the activity like the direction of a swell, the level required for the safe practice of the activity, wind forecasts, ideal season for the practice, etc.
The spots are added to the website on its majority by the users (crowdsourcing), users after registering can upload spots to the website by facilitating information they know of the spot including descriptions and images.
When the users add information on the spots to the website they are expressly authorizing GLASSY, with the effects of a non-exclusive free assignment on an international level, the right for its use, modification and operation with absolute freedom and with undefined character, which under no circumstance could result in any form of compensation to the user. The information added by the users to the website is explicitly prohibited from its extraction, copy, reproduction or distribution in any outlet by third parties, being GLASSY and the user who added the information the only stakeholders with the right to manage the information.
The users are compromised to the ownership of the information added to the website, being totally prohibited the import or copy of information from other websites or any other source that may be subject to patent rights, intellectual property rights or any right that restricts its use or diffusion. The users assume responsibilities on any possible infringement on rights belonging to a third party caused through the addition to the website of any information that is not their own nor of free use.
GLASSY is not held liable for any damage or prejudice caused by the inadequate use of the service by the users. The liability caused by any act that contravenes the applicable legislation will fall on the user responsible of the act. In the case where it is detected the publication by a user of information that infringes the conditions aforementioned GLASSY will proceed to the elimination of the information from the website and block the account of the infringer; the data will be retained in order to provide it in case there is a requirement for it. The infringer will respond before GLASSY and any third party whose rights have been infringed along with the consequences derived from the infringement.
Any infringement of the conditions mentioned can be communicated to GLASSY through firstname.lastname@example.org with an attachment containing the source from which there has been a copying of data. Any third party that claims an infringement in their intellectual property through the upload of a spot(s) can contact GLASSY who after verification will proceed to the elimination of the information protected.
GLASSY reserves the right to monitor or record the activity on the website of the users in order to check the adjustment in the present condition.
GLASSY assumes in an active and compromised manner the compliance of the laws regarding the protection of personal data.
GLASSY is responsible for the data collected through its website and has implanted in their IT systems and installations the appropriate technical and organization measures to guarantee the confidentiality of the data, therefore preventing its altercation, loss or unauthorized access. GLASSY has also proceeded to the inscription of its corresponding filings in the Spanish Agency of Data Protection (Agencia Española de Protección de Datos).
Users authorize GLASSY the processing of personal data to provide information that can be used for promotional, informative and statistic ends. Besides the personal data facilitated by the user GLASSY will also hold access to a user’s IP direction used to identify the terminal through which information is exchanged and obtain a geographic location of the users.
The user consents expressly the sending of commercial communications – via email, physical mail or telephone – by GLASSY. These communications can come from GLASSY, on behalf of GLASSY or through a third party to promote commercial products/services that may of interest relative to the following sectors: sports, health, fashion, alimentation, entertainment, travel or technology.
GLASSY does not intend to collect any personal data that belongs to anyone under the age of fourteen. If that is your case please do not facilitate any personal data to GLASSY. The user can exercise its right to access, modify, oppose, and cancel through a written communication, attached with a copy of an identifying document, sending it to Gradient Technologies, S.L. (corporate name), to the following address: C/ Roger de Lauria, 19-2ºC, CP 46002 Valencia (Spain), or through email to the following email address with the same requirements previously mentioned to email@example.com
The user will also have the right to revoke in any instance the consent given to the processing and communication of their data through the options given above.
HYPERLINKS TO THE WEBSITE
Users or holders of other websites that have the intent to create a hyperlink (link, onwards) to this website are compromised and bind to assure the following requisites: (i) do not carry out next to the link any display of false, incorrect, inaccurate information that may induce to an error or that are contrary to the law, moral code or good manners; (ii) do not include any commercial brand or trademark that may be susceptible to ownership protection different to the URL of the website linked; (iii) do not establish links with websites that contain content or displays deemed as racist, xenophobic, pornographic, justifying or defending terrorism or violations of human rights, and in general any display that could harm the commercial namesake or brand of GLASSY or its clients.
In any case, the inclusion of links to the website from users does not imply that GLASSY promotes, endorses, or recommends the content to which these linked websites are subject to.
The website can contain links to other websites or blogs that do not belong or are under GLASSY’s control. GLASSY is not held responsible in any way towards the content displayed in the websites which links appear on this website. The links offered on this website serve only as informative references.
INTELLECTUAL PROPERTY AND PATENT RIGHTS
This website contains diverse material (including but not limited to: database, images, graphs, drawings, text files, audio, video and software) that is property of GLASSY and consequently protected by national and international intellectual property and patent laws. The compilation (understood as the collection, design, organization and assembling) of all the content on the website is exclusively GLASSY’s property and consequently protected by national and international intellectual property and patent laws.
The brand, labels, distinctive signs and logos that appear on the website are of GLASSY’s ownership and are duly registered or are in the process of doing so. Denominations of other products, services, corporations that appear on this document or on this website can also consist of registered brands and trademarks belonging to their legitimate owners.
In the case that any of the conditions or clauses on this present Terms and Conditions shall be voided, the rest of these will not be affected or impaired by such case. The condition or clause that is voided will be replaced by another that modifies it in a way that it complies as far as possible to the previous one.
APPLICABLE LAW AND JURISDICTION
The Spanish laws rule over the access and the usage of this website as well as over this present Terms and Conditions. Parties are subject to the jurisdiction of Courts and Tribunals of the city of Valencia (Juzgados y Tribunales de la ciudad de Valencia) for any complaint in regards to the interpretation, compliance or execution of terms and conditions expressed above.