User hereby commits to the following: (a) not using the Website or the information or materials contained with illegal purposes; (b) not using the Website with commercial purposes; (c) not using the Website in any way whatsoever that can produce damages, interruptions, inefficiencies or defects in the functionalities of the Website; (d) not using the Web in any way that can cause damages or interruptions in the computer of a third party; (e) not using the Web for the transmission, installation or publishing of any virus or other damaging programs or archives; (f) not using the Web for the transmission, installation or publishing of any defamatory, offensive, racist, vulgar, degrading, pornographic, or of any obscene or threatening material or that can cause trouble or anxiety to anyone; (g) not using the web to threaten, abuse or stalk anyone; (h) not using the Web to collect personal data of other users; (i) not using the Web in such way that can represent a breach of third party rights (including but not limited to copyrights and right to privacy); (j) not using the Web to create a false identity that can generate confusion to third parties about the origin of a message identity (i.e. the User must not pretend to be GOOBNOOBS’ employee); (k) not using the Web to transmit any material with advertising or promotional purposes, including spam, chain or similar emails; (l) not using the Web in any way that can damage in any way GOODNOOB, including its name and reputation. GOODNOOB provides the information and contents of its Website exclusively for personal use to the User. User cannot use the information or the offered materials in the Website for any other purpose, including the publishing, reproduction, or transmission without GOODNOOBS’ prior written consent. For example, User is not authorized to copy, transmit, disassemble, decompile or use any other converse engineering technique in relation to any information or content of the Web, neither to include “deep links” nor to frame or use framing techniques with any information or content or section of the Web, without GOODNOOBS’ prior written consent.
In general, the rendering of services of the Web does not require the prior subscription or registration of the Users. Notwithstanding the aforementioned Web conditions, the use of some services to the prior filling of the corresponding register by the User (for example for the purchase), selecting the identifier (ID and login) and the password that the User commits to conserve and use with the due diligence.
The Web will assign the selected identifier by the user if another User hasn’t previously selected it. The use of the password is personal and non-transferable, not being permitted its assignment, even temporarily, to third parties. In this sense, User must adopt the necessary actions in relation to their password custody, avoiding its use by third parties. Consequently, User is the only responsible for the use of its own password, with total indemnity for GOODNOOB. In the case that User knows or suspects the use of the password by any other person, User must immediately inform of this circumstance to GOODNOOB.
Registration will be done in the way expressly indicated in the proper Web service.
All information provided by the User by means of the services must be accurate. To these effects, User guarantees the authenticity of all communicated data in the filling of the necessary forms for the subscription of the services.
In equal way, it will be Users’ responsibility to maintain all information permanently updated in a way that responds to the real situation of the User at any moment. In all cases, the User will be the only responsible of the false or inexact manifestations made and of the damages that this can cause to GOODNOOB or third parties.
The User that breaches intentionally or with guilt whichever of the aforementioned obligations will respond for any and all claim for damages.
- THIRD PARTY WEBSITES
As External Vendor, you commit to respect and comply all the website general use rules for the user, applicable in what is appropriate.
External Vendors that use any of the Web spaces must have sufficient legal capacity. All External Vendors must respect the following rules, without exception:
- Respect the presence and privacy of the rest of Web members and External Vendors. Do not make use of confidential information or personal data in public open spaces of the Web.
- When you fulfil your identification data, provide exact and updated data.
- Don’t send spam or anything alike.
- Web does not accept External Vendors discredit others, attacking its brand and/or in any other way.
- Prices cannot be agreed with other External Vendors.
- Do not publish content in Web community spaces that can promote, support or enhance hate.
- Do not publish or send violent threatens against other, or promote or encourage other to participate in violent or illegal acts or activities.
- Don’t make illegal activities or activities that can breach intellectual property of others, or encourage others to make these type of activities.
In relation to the aforementioned, GOODNOOB reserves the right to take legal actions that correspond to any External Vendor or content that breaches these terms.
GENERAL TERMS USERS AND VENDORS
- QUALITY OF THE WEB SERVICE
GOODNOOB procures to offer the Web quality in optimum conditions. However, it is not technically possible to offer always a flawless Web. Information and material included in the Web can include improprieties or typographic errors that GOODNOOB Will try to correct once it has knowledge of it. Web may not be available in certain moments due to technical reasons, for maintenance or because editorial modifications are not possible. Likewise, GOODNOOB reserves the right to decide at any times the interruption or suspension of the Website availability and/or of any of the services offered in it.
If GOODNOOB tries to prove that the information and content of the Web is free of viruses, GOODNOOB cannot guarantee that the Web is free of viruses and other elements that can produce alterations in the informatics system of the User (software and hardware) that is why GOODNOOB recommends the User to be protected in this sense, using an antivirus program when accessing the Web.
- INTELLECTUAL PROPERTY
Published content in the Web are subject and protected by copyrights and industrial property rights, including right of the author, designs, commercial brands, domain names, and patents. Know-how, software and databases. GOODNOOB and its collaborators are the right holders of all contents and rights related to the Web.
Over these contents, GOODNOOB provides users with a non-limited, non-exclusive, non-revocable, without sublicense rights, solely in relation to the access, navigation and related Web use. This license does not provide users any other right, and in particular, no right to exploit commercially said contents.
- GOODNOOB’S RESPONSIBILITY
GOODNOOB does not assume any responsibility before the User (contractual or non-contractual) for the damages of any nature caused or related to the use of, or the impossibility of using the Web, including but not limited to:
– Damages related to businesses or commercial initiatives affecting the User;
– Non-foreseeable damages;
– Damages caused for opportunity losses, reputation or recognition loss;
– Damages suffered by third parties’ non-users of GOODNOOBS’ online services
– Damages caused for information loss or informatics viruses;
– Damages related with the breach of rights resulting from a third party web link directed to the Web in such a way that GOOODNOOBS’ content is included in a third party web;
In case the User has any right, action or claim against another User coming from the use of the Web, he or she will exercise said right, action or claim independently from GOODNOOB without appealing GOODNOOB.
In no case GOODNOOB limits its responsibility before the User for death or physical personal damages or any damage resulting from an offence.
- DATA PROTECTION
Each provision of these terms excluding or limiting liability is to be construed separately and will apply and survive even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. Each of the provisions of these terms excluding or limiting liability will remain in force notwithstanding any termination of these terms or termination or suspension of your access to our online services.
- NO WAIVER
No waiver of any rights by either you or us will be taken as a waiver of any other rights User or GOODNOOB may have. For example if we waive our rights to complain about a particular breach of these terms by you it does not prevent us from complaining about other breaches.
- GOVERNING LAW AND JURISDICTION
These terms are governed by the laws of Spain and both you and we agree to submit to the non-exclusive jurisdiction of the Madrid courts. Users accessing the Web outside Spain will do it at their initiative and will be liable for the compliance of applicable local laws; GOODNOOB does not guarantee that contents of the Web will be appropriate outside Spain.