1.1. Zitralia Security S.L., of C / Manuel Tovar, 16 1 º Rt, CP: 28034 MADRID, SPAIN, with NIF: B-99058364, was incorporated under the name Lockx Computer Security Programs, SL, by deed executed on May 5, 2005, before the Notary Public Don Adolfo Calatayud Zaragoza Sierra, under nº 1294 of his protocol, and was recorded in the Registry of Zaragoza, in volume 3230, book 0, folio 91, page Z-38 421, entry 1, and changed its name to the current one under deed executed on November 17, 2005, before the Notary Public of Madrid Don Francisco de Asis Pizarro Moreno, under nº 2998 of his protocol, and this was recorded in the Registry of Huesca, volume 518, folio 164, HU-8119, entry 4.
1.2. Zitralia is the owner of the internet domain name www.zitralia.com, which is registered at the Register of Commerce in Huesca.
This domain may not be used in conjunction with other content, products or services that are not owned by Zitralia and which may in any way cause confusion among end users or bring discredit to Zitralia.
2. THE PURPOSE AND SCOPE OF ACTIVITY
2.2. It is understood that mere access to or use of ZITRALIA.COM by the User implies acceptance of the conditions of use published by Zitralia and in force at the time of access to the Website. The User must therefore be aware of these terms. Here the word User refers to the person who accesses, uses, or participates in services and activities, either freely or under contract, which were developed by Zitralia.
Further, Zitralia may authorize third parties to advertise or offer their services on or through ZITRALIA.COM by inserting links to their respective Websites or by inserting banners. In such cases, Zitralia will not be responsible for the establishment of the general and particular conditions governing the use, provision or procurement of such services by Users, and therefore cannot be held responsible for any effects obtained in such circumstances.
2.4. Before using the services and/or contracting products of Zitralia, the User must be aware of the corresponding general/specific conditions established by Zitralia. The use and/or engagement of software products of ZITRALIA.COM constitutes acceptance of the governing terms and conditions established by Zitralia and in force at the time of such use and /or engagement.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. Zitralia owns, or possesses the necessary license under, the rights to exploit the intellectual and industrial property of ZITRALIA.COM, as well as the intellectual, industrial and image property rights over the content and products available through it.
3.2. Under no circumstances shall the access and navigation of the Website by the User, or the acquisition by him of Zitralia products offered through ZITRALIA.COM, imply the renunciation, or transfer, or licensing or cession of all or part of such rights by Zitralia.
3.3. Consequently, it is prohibited to delete, or manipulate the copyright notice (“copyright”) or any other information identifying the rights of Zitralia or its owners included in the content and products, or any technical protection devices, digital seals or any other mechanisms of information and/or identification that may be contained therein.
3.4. It is also forbidden to modify, copy, reuse, exploit, publically communicate, republish, upload, post, transmit, use, process or distribute in any way all or part of the contents and products included in ZITRALIA.COM for public or commercial purposes, unless with the express written permission of Zitralia or, where applicable, the holder of the corresponding rights
4.1.Access to ZITRALIA.COM by Users is unfettered and free of charge. However, some of the services and products offered by Zitralia are subject to the prior hiring of the service or product and payment of a sum of money in the manner set forth in the General Terms and Conditions for Contracting.
4.3. The procurement of goods and services through ZITRALIA.COM by minors is prohibited without the prior the consent of their parents, guardians or legal representatives. These will be held liable for any acts of children in their charge in accordance with existing regulations.
5. USE OF THE WEB SITE
5.1. The contents and products offered through ZITRALIA.COM are provided exclusively to end users: home users or professionals. Any unauthorized commercial use thereof, or resale is prohibited, except in accordance with the prior written permission of Zitralia or when the product is specially designated by Zitralia for resale or distribution.
5.2. When the User is required to register at the Website in order to use or engage a service, he is responsible for the provision of true and lawful information. If as a result of registration, the User is provided with a password, he undertakes to be diligent in keeping this password secret.
Consequently, Users are responsible for the custody and confidentiality of any identification and/or passwords that may be supplied by Zitralia, and undertake not to reveal them to a third party, either temporarily or permanently, nor to allow access to outsiders. The User takes responsibility for the misuse of the services by any illegitimate third party using a password obtained as a result of careless use or loss of it by the User.
5.3. By virtue of the preceding, it is the User’s obligation to notify Zitralia immediately of any situation allowing the improper use of IDs and/or passwords, such as theft of, or unauthorized access to these, in order to proceed to immediate cancellation. While such situations remain undisclosed, Zitralia is absolved of any liability that might arise from the abuse of identifiers or passwords by unauthorized third parties.
5.4. Access to, navigation over, and use of ZITRALIA.COM is at the responsibility of the user, so the user agrees to follow diligently and faithfully any additional instructions provided by Zitralia or Zitralia authorized personnel on the use of ZITRALIA.COM and its contents and products.
5.5. The User agrees to use the contents and products of ZITRALIA.COM in a diligent, correct and lawful manner, and in particular, he agrees not to:
- Use the Website for purposes that are contrary to law, morals, good customs as generally accepted, to public order, or to instructions received from Zitralia.
- Reproduce, copy, distribute, allow public access through any mode of communication, alter or modify the contents or products, unless in possession of the authorization of the owner of the respective rights, or unless it is legally permitted.
- Use the contents or products or, in particular, information of any kind obtained through the page or service for sending advertising, for direct sales or for any other commercial purpose, for sending unsolicited messages addressed to any group of people regardless of the purpose sought, or sell or otherwise disclose such information.
6. RESPONSIBILITIES AND WARRANTIES
6.1. Zitralia does not guarantee the reliability, usefulness or completeness of the services or the information provided through ZITRALIA.COM.
6.2. Moreover Zitralia does not guarantee nor does it accept responsibility for: (i) the continuity of the contents of ZITRALIA.COM; (ii) the absence of errors in content or products; (iii) the absence of virus and/or other harmful components in ZITRALIA.COM or in the host server; (iv) the invulnerability of ZITRALIA.COM and/or the impregnability of the security measures taken in the same; (v) the utility or performance of content and products in ZITRALIA.COM; (vi) the absence of damage to any User or third party caused by breaches to the conditions, rules and instructions established by Zitralia at the Website or by violation of the ZITRALIA.COM system’s security.
Nevertheless, Zitralia declares that it has taken all necessary measures, within its capabilities and the state of current technology, to ensure the functionality of ZITRALIA.COM and to avoid the presence of viruses or other harmful components and their transmission to users.
6.3. In situations where third parties may offer or promote their services or products through ZITRALIA.COM:
a) They are required to clearly identify the company which is offering or promoting such services or products, together with the xharacteristics of the offerings.
b) Zitralia acts merely as intermediary in the relationship between the User and the third party.
c) The third party, the company advertising and/or offering its products or services through ZITRALIA.COM, is solely responsible in connection with such services or products.
Links to Other Web Sites
7.1. In ZITRALIA.COM, the user may find links to other websites in the form of buttons, links, banners, etc.., which are managed by third parties. Zitralia has no power nor human or technical resources to know, control, or endorse any information, content, products, or services provided by other websites to which links are established from ZITRALIA.COM.
Consequently, Zitralia cannot assume any responsibility for any aspect of the website which establishes a link from ZITRALIA.COM. Responsibility is rejected for aspects of this subsidiary website including and not limited to its operation, access, data, information, files, quality and reliability of its products and services, further links and /or any of its contents in general.
In this regard, should Users become aware of any illegality in the activities developed through these third party websites, they should immediately notify Zitralia so that the access link to the offending website may be disabled.
7.2. The establishment of any type of link by ZITRALIA.COM to another website does not imply that there is any kind of relationship, collaboration, or dependency between Zitralia and those responsible for the other website.
Links from other websites to ZITRALIA.COM
7.3. Any User, entity or website wishing to establish a link to ZITRALIA.COM must comply with the following stipulations:
- The link can only be directed to the Home page of ZITRALIA.COM unless Zitralia authorizes otherwise expressly in writing..
- The link must be absolute and complete, i.e. it must take the User via a click, to the very URL of www.zitralia.com, and must include the full screen extent of the ZITRALIA.COM Home Page. In no case, unless authorized by Zitralia expressly and in writing, may the website providing the link reproduce any page or any part of ZITRALIA.COM, as part of its website or in any of its “frames” nor create a “browser” covering any page of ZITRALIA.COM.
- The page containing the link to ZITRALIA.COM may not indicate in any manner that the link is authorized by Zitralia, unless this was done expressly and in writing. If the entity setting up the link to ZITRALIA.COM wishes to include the brand name, trade name, label, logo, slogan or other identifying element of ZITRALIA.COM on its website, it must have prior and express authorization in writing.
- Zitralia does not authorize any link to ZITRALIA.COM from websites which contain materials, information or content which are illegal, degrading, obscene, or which overall contravene public morals, public order or generally accepted social norms.
7.4. Zitralia does not have the power or human and technical resources to know, control or approve the information, content, products or services provided by other websites that have established links to ZITRALIA.COM. Zitralia assumes no responsibility for any aspect of a website with a link to ZITRALIA.COM, specifically including and not limited to, its operation, access, data, information, files, quality and reliability of its products and services, their links and/ or any of its contents in general.
8. DURATION AND MODIFICATION
8.4. If the User has contracted any products or services provided by Zitralia, for which payment, is to be made, this transaction will be governed by the provisions in the General Conditions / Private Contracting, accessible through ZITRALIA.COM.
9.1. The headings of the clauses are for information only, and do not affect, qualify, or extend the interpretation of the conditions of use.
9.4. Failure on the part of Zitralia to exercise or execute any right or provision of these conditions does not constitute a waiver, unless expressly agreed in writing by Zitralia.
10.1. The relations between Zitralia and the User shall be governed by the provisions of existing rules concerning applicable law and competent jurisdiction. However, for cases in which the regulations foresee the possibility of the parties to submit to a jurisdiction of their choice, Zitralia and User, do expressly, waiving any other jurisdiction that may correspond, submit to the Courts of the city of Madrid.