Conditions of use

Conditions of Use

1. Legal Information

This Legal Notice sets out the conditions of use for the www.girlsgonna.com portal (henceforth the Portal), run by NTT DATA SPAIN SLU, with CIF [Tax ID Code] number B-82387770, registered in the Registro Mercantil de Madrid [Madrid Commercial Registry], volume 14,487, book 0, folio 40, section 8, page M-239649, registered on the 13 of September of 1999, under the 1st inscription (henceforth the Service Provider), made available to Internet users under the terms set forth in Ley 34/2002 de servicios de la sociedad de la información y del comercio electrónico [Law 34/2002 on Information Society and Electronic Commerce Services].

In order to comply with the dispositions in applicable regulations, below we provide the general information data of this website:

Address: Avenida de Manoteras, 52, 28050 Madrid, Spain.

Contact: Telf. (+34) 91 749 00 00; fax. (+34) 91 749 00 01.

Email: [email protected]

Access to the website is free. Nonetheless, users may have to pay their providers for the cost of connection through their supplied telecommunications network, which provides access to the Internet and, consequently, access to our Portal.

Without prejudice for the above, certain services and/or contents are exclusively for our clients, and access to these is restricted, with the possible establishment of specific conditions, regulations and instructions that, if the case may be, substitute, complete and/or modify this Legal Notice, and that must be accepted by the user before starting the corresponding service provision.

When the services of the Service Provider are subject to the payment of a price, this price will be the one that, if the case may be, is indicated in each of the commercial offerings that this entity makes available to its customers and/or potential customers.

The act of accessing this website and using the materials contained by it implies that you have read and accepted, with no reservations whatsoever, these conditions. The Service Provider reserves the right to deny, suspend, interrupt or cancel access or use, totally or partially, of this website, to those users or visitors of the same that does not comply with all of the conditions stated in this Legal Notice.

2. Intellectual and Industrial Property

All the contents of the Portal, understanding these, merely for enumeration purposes, as the texts, videos, photographs, graphics, images, icons, technologies, software, links and other audio-visual or audio contents, as well as its graphic design and source codes (henceforth the ‘Contents`) are the intellectual property of the Service Provider or of third parties, and none of the exploitation rights granted by applicable legislation on the subject of intellectual property over the same shall be understood to have been transferred to the user, except for those that are strictly necessary for the use of the Portal.

Specifically, it is forbidden to reproduce, transform, distribute, communicate publicly, make available to the public and, in general, exploit in any other form, by means of any process, of all or part of the contents of this website, as well as its design and the selection and form of presentation of the materials included in the same.

These acts of exploitation may only be performed with the express authorisation of the Service Provider, and as long as they include a reference to the Service Provider’s ownership of the aforementioned intellectual and industrial property rights.

It is, likewise, forbidden to decompile, disassemble, reverse engineer, sub-license or transmit in any way, translate or create works derived of the computer programmes necessary for the functioning, access and use of this website and the services it contains, as well as performing, regarding all or part of the aforementioned programmes, any of the acts of exploitation described in the preceding paragraph. Users of the website must abstain, in any case, from supressing, altering, eluding or manipulating any protection mechanism or security system that may be installed in the same.

The brands, commercial names and distinctive features are the property of the Service Provider or of third parties, and access to the Portal shall not be understood to assign any right over the aforementioned brands, commercial names and/or distinctive features.

3. Conditions of Use of the Portal

3.1 General

The CLOQQ/Made with CLOQQ Portals are recommended for an audience of 7 years and above. We recommend using the Portals in the company of an adult, and from a computer. The use of the Portal assigns the condition of Portal user (henceforth the ‘User’), and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal’s service has a duration limited to the moment during which the user is connected to the same, or to any of the services that are provided through the same. Therefore, the user must carefully read this legal Notice each time he or she intends to use the Portal, since the Notice and its conditions of use may be modified.

The objective of the services that are made available to the users is merely educational; consequently, all use of the contents, information, documentation and other elements that are made available to the users have, as their sole purpose, education. Likewise, the Portal will include educational projects (henceforth the projects), which will guide users so they can create and build their technological materials and/or elements with a solely educational objective.

It is strictly forbidden to commercialise the contents, as well as the results obtained as a consequence of the educational Projects included in the Portal. Likewise, the user may not provide services to third parties by making use of the contents included in the Portal.

The user has the obligation to use the Portal correctly, in conformity with the law, the present Legal Notice and the Privacy Policies. The user will be responsible to the Service Provider or to third parties for any damages that may occur as a consequence of his or her non-compliance with this obligation.

It is expressly forbidden to use the Portal for purposes injurious to the property or interests of the Service Provider or of third parties, or in any other way that overloads, damages or disables the networks, servers or other computer equipment (hardware) or the computer applications and products (software) of the Service Provider or third parties.

3.2 Contents

The User agrees to use the Content in conformity with the Law and the present Legal Notice, as well as the rest of the conditions, regulations and instructions that, if the case may be, may apply, according to the provisions in the Legal Notice.

With a merely informative purpose, the User, according to current legislation, must abstain from:

Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents, except in the cases authorised by the Law or expressly consented to by the Service provider or by whoever has ownership of the exploitation rights in each case.

Reproducing or copying, for private use, the Contents that may be considered Software or Databases, according to current legislation on the subject of intellectual property, as well as publicly communicating them or making them available to third parties, if these actions necessarily imply the reproduction of these contents by the User or a third party.

Extracting and/or reusing all or a substantial part of the Contents that make up the Portal, as well as the databases that the Service Provider makes available to the Users.

The user agrees to use the www.girlsgonna.com website responsibly.

NTT DATA agrees to use and exploit the image exclusively in the terms and with the limits established by this authorisation, and will spare no effort to use and exploit its image without undermining its right to honour, intimacy and self-image.

3.3 Introduction of Links to the Portal

Internet users who wish to introduce links from their own websites to the Portal must meet the conditions set forth below, an ignorance of which does not release them from the responsibilities derived from the Law:

The link must only lead to the homepage or main page of the Portal, but must not reproduce them in any way (online links, copies of the text, the graphics, etc.).

In all cases it will be forbidden, according to applicable legislation current at all times, to establish frames of any type that wrap the Portal or allow the visualisation of the Contents through Internet addresses different from those of the Portal and, in any case, when they can be visualised together with contents that are not from the Portal, so that they: (I) produce or may produce errors, confusion or deception in users about the real provenance of the service or the Contents; (II) imply an action of comparison or disloyal imitation; (III) serve to take advantage of the reputation of the brand and the prestige of the Service Provider; or (IV) in any other way is forbidden by current legislation.

There must not be, on the page where the link is provided, any type of false, inexact or incorrect statement about the Service Provider, its partners, employees, clients, or the quality of the services it renders.

In no case will the page including the link state that the Service Provider has provided its consent for the insertion of the link or that it in any other way sponsors, collaborates with, verifies or supervises the services of the referrer.

The use of any word, graphic or mixed trademark, or any other distinctive feature belonging to the Service Provider, within the website of the referrer, it forbidden, except for the cases allowed by the law, or expressly authorised by the Service Provider, and as long as these cases allow a direct link to the Portal in the manner established by this clause.

The page providing the link must faithfully comply with the law, and must not, in any case, make available or link to contents, whether they are own or belong to third parties, that: (I) are illegal, harmful or contrary to morality and good customs (pornographic, violent, racist etc.); (II) induce or may induce in the User the false conception that the Service Provider endorses, backs, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the referred; (III) result inappropriate or not pertinent to the activities of the Service provider in terms of the place, contents and subject of the referrer’s website.

4. Liability Disclaimer

4.1 For the Development of the Projects

The Projects were created by professionals, and their development by the users entails no risks. Nonetheless, the Service Provider does not assume any type of liability or will pay any indemnity whatsoever in case a user may suffer some type of damage, material and/or personal, as a consequence of the creation and/or construction of the technological elements included in the Projects.

Likewise, the Service Provider does not assume any type of risk for the use that is made of the technological elements that may be built or created as a consequence of following the Projects. Consequently, the user shall be the sole party responsible for the use of these elements.

4.2 For the Quality of the Service

Access to the Portal does not imply an obligation on the part of the Service Provider to control the absence of viruses, malware, works or any other harmful computer element. The availability of adequate tools for the detection and disinfection of harmful computer programmes is the responsibility of the User, in all cases.

The Service Provider is not liable for damages caused to Users’ or third parties’ computer equipment during the provision of the Portal service.

4.3 From the Availability of the Service

Access to the Portal requires services and supplies from third parties, including transportation over telecommunication networks, the reliability, quality, continuity and functioning of which does not correspond to the Service Providers. Consequently, the services provided through the Portal may be suspended, cancelled or become unavailable prior to or simultaneously to the provision of the Portal’s service.

The Service Provider is not liable for damages or harm, of any type, caused to the User due to faults or disconnections in the telecommunications networks causing the suspension, cancellation or interruption of the Portal’s service during the provision of the same, or prior to it.

4.4 On Liability for Linked Sites

The Portal’s access service includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (henceforth, ‘Linked Sites’). In these cases, the Service Provider acts as an intermediary service provider, according to Article 17 of Ley 34/2002, de 12 de julio, de Servicios de la Sociedad de la Información y el Comercio Electrónico [Law 34/2002, dated July 12, on Information Society and Electronic Commerce Services] (LSSI, Spanish acronym), and will only be liable for the services supplied by the Linked Sites in the measure that it has effective knowledge of the illegality and has not deactivated the link with the due diligence. In the case that a User considers that there is a Linked Site with illegal or inadequate contents, he or she may communicate this to the Service Provider, following the procedure and effects established in Clause 5, but in no case will this communication carry the obligation to remove the corresponding link.

In no case will the existence of Linked Sites presuppose the existence of agreements with the owners or those responsible for the same, or the recommendation, promotion or identification of the Service Provider with the statements, contents or services provided by these.

The Service Provider is not aware of the contents and services of the Linked Sites, and is therefore not liable for the damages caused by the illegality, quality, out-datedness, unavailability, error or uselessness of the contents and/or services of the Linked Sites, or for any other damages that cannot be directly attributable to the Service Provider.

5. Communication of Activities of Illegal and Inadequate Nature

In case a User, or any other Internet user, becomes aware that the Linked Sites lead to pages whose contents or services are illegal, harmful, denigrating, violent or against morality, or that some of the information included by the Users themselves, through the services offered by the Portal, have a consideration similar to that described above, you may contact the Service Provider, citing the following information:

Communicator’s personal data: name, address, telephone number and email address;
Description of the facts that reveal the illegal or inadequate nature of the Linked Site;
In case of violations of rights, such as intellectual or industrial property, the personal data of the owner of the right violated when it is a person different from the communicator. Likewise, the communicator must provide the deed proving the legitimacy of the owner of the rights and, if the case may be, the representative’s documentation for acting in the name of the owner, when the latter is different from the communicator;
Express declaration that the information contained in the complaint is precise.

Reception by the Service Provider of the communication described in this clause will not mean, according to the disposition set forth in the LSSI, effective knowledge of the activities and/or contents indicated by the communicator.

Likewise, the communicator must provide the deed proving the legitimacy of the owner of the rights and, if the case may be, the representative’s documentation for acting in the name of the owner, when the latter is different from the communicator; Express declaration that the information contained in the complaint is precise.

6. Modifications

In order to improve the website, the Service Provider reserves the right to, at any time and without prior notification, modify, increase or temporarily suspend the presentation, configuration, technical specifications and services of the website unilaterally.

Likewise, it reserves the right to modify these conditions of use, as well as any other specific conditions, at any time.

7. Legislation

This Legal Notice is ruled in each and every one of its components by Spanish law.