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Legal Notice

We want your navigation through our website to be as safe, transparent, and comfortable as possible. Below, we provide you with all the legal information regarding the use of our website.

Access, navigation, and use of the website made available by the owner (hereinafter, the “Platform“) implies knowledge and acceptance of the provisions of this Legal Notice, the terms of which have the same validity and effectiveness as any written and signed contract.

The observance and enforcement of the provisions of the Legal Notice shall be enforceable against any person accessing, browsing, or using the Platform. If you do not agree with the terms set forth above, do not access, browse, or use any page of the Platform.

By using the Platform, you agree, therefore, to use the services and content in accordance with current legislation and with this Legal Notice and acknowledge and agree that the use of the content and / or services offered by its owner will be at your sole risk and / or responsibility.

1. COMPANY INFORMATION

  • Owner of the Platform: EXOCLICK, S.L. (henceforth, “EXOCLICK”).
  • Registered office: C/ Marina, 16-18, 08005, Barcelona, Spain.
  • NIF/VAT: B-64355506.
  • E-mail: privacy@exoclick.com
  • Commercial Registry Data: Barcelona, Volume 39063, Page 160, Sheet B-336819, 1st Inscription.

2. PURPOSE AND SCOPE OF APPLICATION

This Legal Notice only regulates the access, navigation, and use of the Platform (the website). The use of other services offered on the Platform shall be governed, in addition, where appropriate, by the specific conditions provided in each case. For instance, the contractual relationship between EXOCLICK and the Publishers/Advertisers in respect to the provision of service is governed by the Terms & Conditions.

EXOCLICK reserves the right to make, at any time and without prior notice, any modification or update of the contents of this Legal Notice and, in general, of any of its elements including its design and layout.

3. SERVICES AND CONTENTS OF THE PLATFORM

Despite the fact that the Platform includes information aimed at the general public, it should be noted that the Platform is primarily targeted at professionals and companies that are interested in accessing EXOCLICK’s services.

EXOCLICK reserves the right to decide at any time the contents shown to the user and may remove them and add new ones at any time. Any change in this regard will be published visibly on the Platform, indicating the date of the last update at the bottom of the website. If you continue to use the services provided on the Platform, once the Legal Notice has been modified, it will be understood that you accept such modifications.

4. INTELLECTUAL PROPERTY RIGHTS

EXOCLICK either is the owner or has the corresponding licenses on the rights of exploitation of intellectual property rights of the Platform, as well as intellectual property rights on its information, materials and content, including, among others, source code, designs, navigation structure, images, graphics, music, sound, photographs, videos and texts written in any language, also including programming codes.

In no case shall it be understood that access, navigation and use of the Platform by the user implies a waiver, transfer, license or total or partial transfer of any intellectual property rights by EXOCLICK.

No content of the Platform may be modified, copied, distributed, framed, reproduced, republished, downloaded, extracted, displayed, published, transmitted or sold in any way or by any means, in whole or in part, without the prior written consent of EXOCLICK. Any other use of the content of the Platform is also firmly prohibited, with the sole exception of strictly domestic use.

It is expressly forbidden to use, without prior consent, any element of the Platform that is subject to protection under current legislation relating to intellectual property rights. In particular, trademarks, trade names, business signs, works, names, logos, slogans or any type of distinctive sign belonging to EXOCLICK may not be used.

The unauthorized use of the information contained in the Platform, as well as any kind of damage to the intellectual property rights of EXOCLICK, will result in the liabilities established by law.

5. LINKS

EXOCLICK does not authorize the establishment of a link to this Platform from other websites that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms.

EXOCLICK has no power or human and technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Platform. EXOCLICK assumes no liability for any aspect relating to the websites that establish such a link to this Platform.

In any case, EXOCLICK reserves the right to prohibit links to the Platform and to demand their removal when they do not meet the conditions required in this section.

6. CONDITIONS OF USE OF THE PLATFORM

Access to or use of the Platform for illegal or unauthorized purposes, with or without economic purpose, and more specifically, by way of example, but not limited to, the following is prohibited and, therefore, its consequences shall be the sole responsibility of the user:

  1. Use the Platform in any way that may cause damage, interruptions, inefficiencies, or defects in its functionality or in the computer of a third party.
  2. Use the Platform for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files.
  3. Use the Platform to collect personal data of other users.
  4. Registering or communicating with EXOCLICK through the Platform under a false identity, providing false data or information, impersonating third parties, or performing any other action that may mislead other users as to the identity of the origin of a message.
  5. Unauthorized access to any section of the Platform, other systems or networks connected to it, any EXOCLICK server or services offered through the Platform, by hacking or forgery, password mining or any other illegitimate means.
  6. Breaking, or attempting to break, security measures or authentication of the Platform or any network connected to it, or security measures or protection inherent in the content offered on the Platform.

The breach by the user of any of these terms of use may result in the adoption by EXOCLICK of opportune measures in accordance with the law and in the exercise of its rights or obligations.

EXOCLICK may prevent access to the Platform or the ability to participate in the spaces provided therein to users who violate these conditions, without the possibility of any compensation for damages caused.

Similarly, the Platform has links to profiles on social networks of EXOCLICK, where users can post comments and content. EXOCLICK cannot control what use others will make of such content and, therefore, is not responsible for it.

Please note that EXOCLICK does not control in advance the content posted by users on the Platform or on their profiles on social networks, so it assumes no responsibility for this content.

Nevertheless, EXOCLICK reserves the right to monitor and/or moderate any content posted by users and to remove it in whole or in part in the event that any of these violate the provisions of this Legal Notice or the Privacy Policy.

In particular, it is strictly forbidden to publish contents:

  1. That may be considered as a violation in any way of the fundamental rights to honor, personal and family privacy or self-image of third parties and, especially, of minors, or any other fundamental rights and freedoms.
  2. That include or link to photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners.
  3. That violate the secrecy of communications or that involve an infringement of intellectual property rights or of the policies regulating the protection of personal data.
  4. That contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order.
  5. That contain “spam” and/or links to sites unrelated to the corresponding space.
  6. That include advertising or commercial communications, for the emission of messages for advertising purposes or for the collection of data for the same purpose, and especially any type of information, element or content that constitutes illicit or unfair advertising.

The breach by the user of any of these terms of use may result in the adoption by EXOCLICK of opportune measures in accordance with the law and in the exercise of its rights or obligations.

EXOCLICK may prevent access to the Platform, cancel the profile or prevent the possibility of participating in the spaces provided therein to users or members who violate these conditions, without the possibility of any compensation for damages caused.

7. LIABILITY AND WARRANTIES

EXOCLICK cannot guarantee the reliability, usefulness, timeliness or accuracy of absolutely all information and/or services on the Platform.

Accordingly, EXOCLICK does not warrant and shall not be liable for: (i) the veracity and continuity of the contents of the Platform; (ii) the absence of errors in such content; (iii) the absence of viruses and/or other harmful components in the Platform or the server that supplies it; (iv) the damage caused to the computer equipment of users or third parties during the provision of the Platform service; (v) the invulnerability of the Platform and/or the impossibility of violating the security measures adopted therein; (vi) the lack of usefulness or performance of the contents of the Platform; (vii) damages of any kind caused to the user resulting from failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of service during the provision of the same or prior, and (viii) damages caused to himself or a third party, any person who violates the conditions, rules and instructions that EXOCLICK establishes in relation to the Platform or through the violation of their security systems.

Notwithstanding the foregoing, EXOCLICK declares that it has taken all necessary measures, within its possibilities and the state-of-the-art, to ensure the functions of the Platform and minimize system errors, from a content and technical point of view.

If the user becomes aware of the publication of any inaccurate, outdated and false information or the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual property rights, of the applicable law on data protection and/or any other right, they must immediately notify EXOCLICK so that it can proceed to the adoption of the appropriate measures.

8. PRIVACY & COOKIES POLICY

Registration and access to the Platform requires the user to provide certain information about themselves. In addition, certain features of the website depend on the use of Cookies. For more information about the processing of your personal data and the use of Cookies, you are invited to visit our Privacy Policy and Cookies Policy.

Whenever the user provides personal data, the user is solely responsible for the truthfulness and accuracy of such data, hence you must notify EXOCLICK any update of these as soon as possible.

9. NULLITY AND INEFFECTIVENESS OF THE CLAUSES

If any clause included in this Legal Notice is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of it that is null or ineffective, subsisting this Legal Notice in all other aspects, and such provision or part thereof shall be regarded as not having been included.

10. APPLICABLE LAW AND COMPETENT JURISDICTION

The provisions of this Legal Notice are governed by Spanish law. The parties expressly submit, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the city of Barcelona, unless otherwise provided by law, in which case, it will be subject to its content.

In order to file claims in the use of our services, you can contact us by mail at the email or physical address indicated at the top of this legal notice. EXOCLICK undertakes to seek at all times an amicable solution in case of conflict.

11. INTERRELATION WITH OTHER LEGAL TEXTS

This Legal Notice is complemented by the Privacy Policy and Cookies Policy, in addition to the rest of information provided through the website, including the Terms & Conditions that governs the contractual relationship between EXOCLICK and the Publishers/Advertisers in respect to the provision of services. In the unlikely event that this Legal Notice conflicts with the aforementioned Terms & Conditions, the latter shall prevail.

Last update: June 1, 2022