This Legal Notice governs access to and use of the website accessible through the domain names https://openchip.com/ and its subdomains (hereinafter “Website”) owned by OPENCHIP & SOFTWARE TECHNOLOGIES, S.L. (hereinafter “OPENCHIP”). The simple access to the Website confers the condition of User of the Website (hereinafter, “User”) committing to navigate and use the Website in accordance with the conditions of use indicated in this Legal Notice.
1. GENERAL INFORMATION ABOUT THE WEBSITE
In compliance with the provisions of the applicable regulations on information society services and electronic commerce, the general information on the Website is provided below:
- Owner: OPENCHIP & SOFTWARE TECHNOLOGIES
- Address: Calle Jordi Girona, 29, 3rd floor, 08034, Spain.
- E-mail: info@openchip.com
- Telephone: +34 935 355 955
- VAT Num: B67809673
- Registry Data: Barcelona Mercantile Register, Volume 48103, Folio 1, Page B-572392, 1st Inscription.
2. CONDITIONS OF USE
2.1 Access to the Website
Access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
2.2 Terms of use of the Website
The User undertakes to use the Website, all its content and services in accordance with the provisions of the law, morality, public order and this Legal Notice. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Website and not to use them for illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.
The User undertakes not to transmit, introduce, disseminate, or make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and this Legal Notice. Likewise, the User undertakes not to transfer the information contained in this Website to third parties.
The User is obliged to hold OPENCHIP harmless against any possible claim, fine, penalty or sanction that the User may be obliged to bear because of non-compliance by the User of any of the aforementioned conditions of use, and OPENCHIP reserves the right to request compensation for damages and losses that may correspond.
2.3 Responsibility
OPENCHIP does not guarantee this Website is up to date, nor does it guarantee that the information published is accurate or complete. Therefore, the User should confirm that the information published is accurate and complete before making any decision related to any service or content described on this Website, consulting with OPENCHIP in case of doubt.
OPENCHIP uses reasonable means to control the absence of viruses, worms or any other harmful computer element on the Website, but it is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
OPENCHIP is not responsible for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Website.
OPENCHIP is not responsible for damages of any kind caused to the User because of failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the service of the Website during the provision of the same or beforehand.
The User assumes that, in case of making decisions based on the information provided on the Website, the responsibility will be exclusively theirs, and no claim can be made to OPENCHIP for the consequences of the decisions taken.
2.4 Content and services linked through the Website
The Website access service may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and Sites (hereinafter, “Linked Sites”).
OPENCHIP shall not be responsible for the content and services provided on the Linked Sites. If the User considers that there is a Linked Site with illegal or inappropriate content, he/she may notify OPENCHIP.
Under no circumstances should the existence of Linked Sites presuppose the formalisation of agreements with the responsible parties or owners of the same, nor the recommendation, promotion, or identification of OPENCHIP with the statements, content or services provided.
OPENCHIP is not aware of the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the unlawfulness, quality, outdatedness, unavailability, mistakes and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to OPENCHIP.
2.5 Intellectual property
All the contents of the Website, understood to include, but not limited to, texts, trademarks, commercial names, distinctive signs, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are intellectual property of OPENCHIP or are duly authorised by legitimate third party owners of such intellectual property, and none of the exploitation rights recognised by current legislation may be understood to have been ceded to the User.
Any reproduction, distribution, communication to the public, transformation or any other similar or analogous activity of the contents that has not been expressly authorised by their owners constitutes an infringement of the intellectual property rights protected by the applicable regulations, and the owner of the rights may demand the cessation of the unlawful activity and demand compensation for the material and moral damages caused, without prejudice to any other actions to which they may be entitled.
3. NULLITY AND INEFFECTIVENESS OF CLAUSES
If any clause included in this Legal Notice is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect that provision or that part of it that is declared null or ineffective, and this Legal Notice will remain in force in all other respects, and such provision will be considered totally or partially as not included.
4. APPLICABLE LAW AND COMPETENT JURISDICTION
This Legal Notice shall be governed and interpreted in accordance with Spanish legislation. OPENCHIP and the User agree to submit any dispute that may arise from the provision of the services covered by this Legal Notice to the Courts of Barcelona (Spain).