1. This Legal Notice regulates the conditions for using the www.wakeup.everis.com portal (hereinafter, the “Portal”), which is held by:
- Owner: everis Spain S.L.U (henceforth The Service Provider)
- Address: Avenida de Manoteras, 52, 28050 Madrid.
- Contact: Tel. (+34) 91 749 00 00; fax. (+34) 91 749 00 01.
- E-mail: email@example.com.
- Record data: Commercial Register of Madrid, volume 14,487, book 0, folio 40, section 8, sheet M-239649, enrolled 13 September 1999, under first enrollment.
- Tax ID no.: B-82387770
Access to the web page is free. However, users may have to pay their provider the cost for connection through the telecommunications network, which will allow them to access the internet, and thus, access our Portal.
Accessing this website and using the materials included therein implies that you have read and accepted these conditions, with no restrictions whatsoever. The Service Provider reserves the right to completely or partially deny, suspend, interrupt or cancel access to or use of this website for users or visitors who do not comply with any of the conditions herein.
2. Industrial and intellectual property rights
The entire content of this Portal, including but not limited to texts, videos, photos, graphics, images, icons, technology, software, links, and other audiovisual or audio content, as well as its graphic design and source codes (hereinafter, the “Contents”), are all protected by intellectual property rights belonging to the Service Provider or third parties. No related exploitation rights included in the regulation in force regarding their intellectual property rights can be understood as having been granted, in any way whatsoever, except for those which prove strictly necessary for use of the Portal.
In particular, the reproduction, transformation, distribution, communication, public dissemination, and, in general, any other form of exploitation, using any procedure, of all or part of the contents of this website, as well as any of their design and selection, and by way of presenting the materials thereof, are forbidden.
These acts of exploitation shall only be permitted if the Service Provider issues written authorisation of this, and only as long as appropriate reference is made to the fact that the corresponding industrial and intellectual rights are the sole property of the Service Provider.
Likewise, the following is expressly prohibited: decompiling, disassembling, reverse engineering, sub-licensing or transmitting in any way, to translate or create derivative works of the computer programs necessary for the operation, access to and use of this website and the services contained therein, as well as performing, with regard to all or part of such programs, any of the exploitation actions described above. The website user shall refrain, where applicable, from deleting, altering, eluding or manipulating any protection devices or security systems that may be installed therein.
Brand names, commercial names or distinctive symbols are the sole property of either the Service Provider or third parties. Access to the website does not imply the granting of any rights regarding the aforementioned brand names, commercial names or distinctive symbols whatsoever.
3. Conditions of use of the Portal
The use of the contents made available to Users for commercialisation purposes is strictly forbidden. Similarly, the User shall not provide services to third parties benefiting from the contents included in the Portal.
The User must not misuse the Portal pursuant to the law and this Legal Notice. The User shall respond to the Service Provider or third parties for damages and losses that may arise from failure to comply with said obligation.
Use of the Portal for purposes that are harmful to goods or the interests of the Service Provider or third parties, or which in any way overload, damage or render useless the networks, servers and other computer equipment (hardware) or products and software applications of the Service Provider or third parties is strictly forbidden.
The User agrees to use the Contents in accordance with the law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in compliance with the provisions of the Legal Notice.
Pursuant to the current legislation, including but not limited to, the User shall abstain from:
Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorised by law or expressly consented to by the Service Provider or by the person who owns the exploitation rights, if applicable.
Reproducing or copying, for private use, any Content that may be considered software or database in accordance with current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily involve its reproduction by the User or a third party.
Extracting and/or reusing all or the majority of the Contents that comprise the Portal as well as the databases that the Service Provider makes available to Users.
3.3 Introduction of links to the Portal
Internet users who wish to introduce links from their own web pages to the Portal must comply with the following conditions and must not ignore them in order to avoid the responsibilities deriving from the Law:
The link shall only lead to the home page or main page of the Portal but you shall not be able to reproduce it in any way (inline links, copy of texts, graphics, etc.).
In any case, in accordance with the applicable legislation in force at the given time, users are forbidden from establishing frames of any type involving the Portal or allowing Contents to be displayed through internet addresses other than those of the Portal and, in any case, when displayed along with content different from that of the Portal, in such a way that: (I) leads to, or can lead to, error, confusion or deception in Users about the true origin of the service or Contents; (II) involves an act of comparison or unfair imitation; (III) serves to take advantage of the brand reputation and prestige of the Service Provider; or (IV) in any other way that is forbidden by the current legislation.
Any false, inaccurate or incorrect information about the Service Provider, its partners, employees, customers or the quality of the services it provides shall not be provided on the page to which the link redirects.
Under no circumstances shall it be expressed on the page containing the link that the Service Provider has given its consent to incorporate the link or that it otherwise sponsors, collaborates, verifies or monitors the services of the sender.
The use of any word trademarks, either graphical or mixed, or any other distinctive symbols belonging to the Service Provider within the sender's website is forbidden, except in cases allowed by law or expressly authorised by the Service Provider and as long as, in these cases, a direct link to the Portal as established herein is allowed.
The page that hosts the link shall faithfully comply with the law and, in any case, cannot have or link with own or third-party contents that: (I) are illegal, harmful or contrary to morals and good customs (pornographic, violent, racist content, etc.); (II) induce or may induce in the User the false conception that the Service Provider subscribes, supports, adheres to, or, in any way, supports the legal or illegal ideas, manifestations or expressions of the sender; (III) are inappropriate or not relevant to the activity of the Service Provider in terms of place, content and theme of the website of the sender.
4.1 Service Quality
Access to the Portal does not oblige the Service Provider to control the absence of viruses, worms or any other harmful computer elements. In any case, the User is responsible for providing adequate tools to detect and decontaminate harmful software. The Service Provider shall not be liable for damages incurred in User or third-party computer equipment during the provision of the Portal service.
4.2 Service Availability
Accessing the Portal requires services and supplies from third parties, including transportation through telecommunications networks whose reliability, quality, continuity, and operation is not the liability of the Service Provider. Consequently, the services provided through the Portal may be suspended, cancelled or rendered inaccessible previously or concurrently to the provision of the Portal service.
The Service Provider shall not be responsible for losses or damages of any kind produced for the User that cause failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during its provision or beforehand.
The service of accessing the Portal includes technical linking devices, directories and even search tools allowing the User to access other internet portals and pages (hereinafter, “Linked Sites”). In these cases, the Service Provider acts as a provider of intermediary services pursuant to article 17 of Spanish Law 34/2002, dated 12 July, on Information Society Services and Electronic Commerce (LSSI, for its Spanish acronym) and shall only be responsible for the contents and services provided in the Linked Sites to the extent that they are aware of their illegality and have not deactivated the link with due diligence. If the User believes there is a Linked Site with illicit or inappropriate content, they must report this to the Service Provider in accordance with the procedure and effects set out in clause 5, and in no case does this communication mean there is any obligation to remove the corresponding link. In no case shall the existence of Linked Sites presuppose the existence of agreements with holders or people in charge of them, nor the recommendation, promotion or identification of the Service Provider with the manifestations, contents or services provided. The Service Provider is not aware of the contents and services of the Linked Sites and is therefore not responsible for the damages caused by the illegality, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of Linked Sites, nor for any other damage that is not directly attributable to the Service Provider.
5. Communication of illegal and inappropriate activities
If the User or any other internet user is aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality, or that any of the information included by the Users themselves, through the services offered in the Portal, can be considered equal to that described above, they may contact the Service Provider indicating the following:
Personal data of the caller: name, address, telephone number and email address;
Description of the facts that reveal the illicit or inadequate character of the Linked Site;
In the event of a violation of rights, such as intellectual and industrial property rights, the personal data of the right holder infringed by a person other than the person reporting it. Likewise, the property certification that establishes the legitimacy of the rights holder must be provided and, where appropriate, a certificate attesting to representation on behalf of the owner when this is someone other than the person reporting it;
Express declaration that the information contained in the reclamation is accurate.
The Service Provider’s receipt of the communication provided for in this clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicator.
Likewise, the property certification that establishes the legitimacy of the rights holder must be provided or, where appropriate, a certificate attesting to representation on behalf of the owner when they are a person other than the communicant; The Service Provider’s receipt of the communication provided for in this clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents reported.
In order to improve the website, the Service Provider reserves the right, at any time and without prior notification, to modify, extend or temporarily suspend the presentation, configuration, technical specifications and services of the website, unilaterally.
It also reserves the right to modify, at any time, these conditions of use as well as any other particular conditions.
This Legal Notice is governed in its entirety by Spanish law.