ZIV

ZIV terms of use for www.ziv.es Web site, general conditions of agreement and privacy policy.

1. PREVIEW INFORMATION

ZIV, in compliance with the provisions established under Law 34/200, 11 of July, of the Information Society Services and Electronic Trade, informs the Web site User of the Terms and Conditions of Use.

• The User agrees to carefully read the Privacy Policy, Terms of Use and General Conditions of agreement, (hereafter the Conditions).
• The User agrees to provide personal data and required information for use of services.

ZIV guarantees the User security and confidentiality through the Conditions estabilshed from beginning to end of use for services, contents and/or tools provided by the Web site.

 

2. PARTIES TO AGREEMENT

Conditions:

On one part ZIV Aplicaciones y Tecnología, S.L., (hereafter ZIV), with registered offices in Parque Tecnológico, 210 - 48170 Zamudio, Vizcaya, España, registered information, C.I.F. A48562631, registered in the Registro Mercantil de _mercantil_, Tomo _tomo_, Folio _folio_, Hoja nº _hoja_, Inscripción _inscripcion_, ownership of ziv.es rightfully registered in the Registro Mercantil de Bilbao, in compliance under law Law 34/200, 11 of July, of the Information Society Services and Electronic Trade.

The User, the one that makes use of the Web site, services, contents and/or tools offered by the portal and provides the requested personally identifying information in the ZIV registration form to access freely and voluntarily any services, contents or tools offered by the Web site owned by ZIV. The authenticity of data provided belongs directly and exclusively to the User.

3. OBJECTIVE

The current Terms and Conditions are used to regulate access and adquisition of services, contents and/or tools provided by ZIV to the User through the Web site “www.ziv.es” binding the user to the terms of commercial or non-commercial conditions of the services, contents and/or tools subject to license of use.

The services, contents and/or tools are those available to the User at the ZIV Web site: “www.ziv.es”

Each service, content and/or tool is subject to their own Conditions of use. All services, contents and/or tools are subject to Terms and Conditions of use posted in the Web site.

The User may view, print or save Terms and Conditions of use before the initial contractual procedures.

4. ACCEPTANCE OF TERMS AND CONDITIONS FOR USE OF WEB SITE

User is bound by the current Conditions, or changes established, as posted in the Web site “www.ziv.es”. The User agrees to be bound by the agreements published by ZIV at the time User accepts services, contents or tools desired. The User agrees to carefully read Terms and Conditions every time a service, content or tool is received for updates made since last use.

The current Conditions do not excluded the possibility that certain services, contents and/or tools offered through the Web site have particular applicable conditions, in thus case, it will be made available to the User. Acceptance of Conditions User states:

• To be a person capable of forming a binding contract.
• To have read and accepted all Terms and Conditions.

User will have access to Terms and Conditions at all times before access to services, contents and/or tools to print or save. For additional help with Terms and Conditions, Users may contact ZIV by email at comercial.bilbao@ziv.es for up to date License Use Agreements.

5. MODIFICATIONS TO TERMS OF CONDITIONS AND USE OF WEB SITE.

ZIV reserves the right to modify stipulations with sufficient cause or motive. It is implied that there is sufficient cause or motive for modifications declared and not limited for the purpose of:

• Expanding the choices or number of services available to User or to improve existent.
• · To adapt products and services of current agreement to information technology advances.
• To Modify, substitue or update prices of products and services offered through the Web site.

Access to the “www.ziv.es” Web site is free regardless if services, contents and/or tools seeking are subject to posted pricing and individual conditions.

6. CONDITIONS TO WEB SITE ACCESS AND USE OF PRODUCTS AND SERVICES

User agrees and guarantees to use Web site according to the established terms and updated conditions, additionally, abide by codes of conducts established.

User agrees to:

• Not use services, contents, or tools available by ZIV for unlawful means, or strictly prohibited in the Terms or destined to harm the rights, interests or goods of ZIV or third parties.
• Refrain from performing any activity that can harm, overburden, deteriorate or impair the normal activity of ZIV Web site, in addition to obtaining contents available on the Web site through unlawful, fraudulent means, theft or plagirism of content relating to the code of conduct.
• Not use the services, contents or tools in any way that can harm or damage ZIV. User will refrain from but no limited to modify, copy, distribute, publish, grant or sell any information or image related to services, contents or tools provided by ZIV through its Web site.

In the even that an User causes harm to third parties by using services, contents and/or tools provided by ZIV’s Web site, in addition to misuse of the same, User exonerates expressly ZIV from any responsibility imposed.

To this effect, User is solely responsible for any consecuences resulting from the forethought. Likewise, User is responsible for expenses, cost and when applicable indemnification resulting from any violation of these terms and conditions or any activity related.

To guarantee that the Terms and Conditions and legislation rights are enforced ZIV will:

• Supervise services by means of its administrators with respect to the User communication and privacy.
• Temporarily interrupt services without prior notice and in any moment for technological or legal reasons for the benefit of the Web site.
• Modify the Terms of services, contents or tools, for technological reasons or due to changes in new legal dispositions.
• Modify the contents of services, contents or tools integrated in the Web site, without notice in its sole discretion. Reserve the right to deny access to services, contents and/or tools, without notice, to Users that violate the current Terms of Use.
• Refuse or remove any content from services, contents and/or tools offered through the Web site that is unlawful or offensive.
• Disclose to appropriate agents conduct, activities or unlawful data known to ZIV.
  
  

7. AGREEMENT OBLIGATIONS

ZIV Obligations

ZIV agrees to observe the following contractual obligations after a commercial transaction with the User for services, contents and/or tools as follows:

• Subject to Terms and Conditions and License of Use, provide User with maximum warranties on requested services, contents and/or tools.
• Expressly inform User of current Conditions previous to contracting procedures.
• Inform User in a clear, concrete and precise way, previous to contracting procedures, specific characteristics of the services, contents and/or tools requested, such as price and applicable taxes.
• Provide User with Terms and Conditions text. In addition, terms and conditions will be available before contracting procedures for every service, contents and/or tools requested along with License of Use Agreement for each.

User Obligations

User agrees to:

• Observe the Conditions established in the “www.ziv.es” Web site, and those Conditions related to the individual services, contents and/or tools provided by ZIV.
• Complete the registration forms before the initial contracting procedure with true and current information when required to access ZIV services, contents and/or tools.
• Use products or services received according to the Conditions posted for each and License of Use Agreement.
• Refrain from sending messages that could impair or disrupt the normal function of services offered by ZIV. In any case, User is the only and total responsible for the content and data of messages written or sent.

  8. PARTIES RESPONSIBILITY

  ZIV responsibility for the proper function of “www.ziv.es” Web site.
  ZIV will only respond to the damages caused to User as a result of access to the Web site or adquisition of products, services, use of contents and/or tools when such damages are due to deceitful actions of ZIV.

  To this effect, ZIV will not be responsible for damages caused to User when unable to provide services subject to current Conditions due to lack of continuity, or forces out of control by ZIV.

  To this effect, ZIV will not be responsible for inadequate functioning of the “www.ziv.es” Web site, lack of use, suitability or validity of the services and content provided.

  ZIV will adopt the necessary means to assure a fast response, but will not be responsible for the delay in telecommunication services nor guarantee a time frame for services, contents and/or tools.

  User Responsibility

  User is responsible for the consecuences caused due to using false data or data belonging to people other than User.

  ZIV reserves the right to deny acces of services, contents and/or tools when User does not meet the contractual obligations.

  9. LIMITS OF LIABILITY

  ZIV tries to ensure that the information on “www.ziv.es” Web site is accurate and current. In the event of an error or omission, User must confirm information with ZIV. No information or content on “www.ziv.es” Web site should be considered as a statement or undeniable fact. ZIV has no control over the way User will use information or contents offered in the “www.ziv.es” Web site and will not be responsible for consequence, damage or injury, directly or indirectly, caused by User or third parties as a result from access or use of the information or contents.

  ZIV shall not be liable to User for any responsibility as a result of interruptions of access contents and/or tools or services, resulting from forces out of control. To this effect, the following are considered, but not limited to, the forces out of the control (i) the modem, (ii) User operating system, (iii) browser software, (iv) virus, (v) telephone and electrical connections (vi) computer system hardware or any other transportation infrastructure or User telecommunication used.

  10. PERSONAL DATA PROTECTION AND ELECTRONIC TRANSACTIONS

  User access to the “www.ziv.es” Web site and services transactions and/or use of contents or tools implies use of personal information. It is important for ZIV to protect personal information as established in the Protection of Personal Data code and the Information Society Services and Electronic Trade.

  Generally, anyone accessing the “www.ziv.es” Web site can do so without providing personal information. However, certain services, contents and/or tools require User to provide personal data. ZIV guarantees the confidentialit of personal data provided by the User as established in the Protection of Personal Data code and the Information Society Services and Electronic Trade.

  ZIV observes the current legislation regarding data protection, adopting the necessary administrative and technical procedures to guarantee the security of the personal data collected.

  To this effect, User is informed and consents to provide the data into the automated forms owned by ZIV, located in Parque Tecnológico, 210 - 48170 Zamudio, Bizkaia, España, registered before the General Protection of Personal Data Registry, for the automated use of data as a result of access or contract of services or products or any other transaction or operation made to access information or services provide by ZIV through the “www.ziv.es” Web site, for use of marketing and promotional information.

  User consents that personal data may be transferred to other Public Administration if such observes the codes found in the Protection of Personal data found in Article 21.

  User expresses that data provided is true and correct and will let ZIV know of changes or updates of the same. User has the right to oppose the way personal data is handle that is not necessary for the access or contract of services through the Web site or the handling of the Web transaction.

  The ZIV privacy policy guarantes the User the right to access, correct, cancel or deny its data by sending an email to ZIV at commercial@ziv.es or by mail to the department of Legal Issues at Parque Tecnológico, 210 - 48170 Zamudio, Bizkaia, España.

  To this effect and in observance to the law 34/2002 Information Society Services and Electronic Trade, ZIV will exclusively send promotional and marketing information via email to Users that agreed to received them.

  ZIV informs the User that it may elect to cancel promotional and marketing information following the prompts that appear at the end of the electronic mailings or in writing to comercial@ziv.es or by mail to: ZIV Aplicaciones y Tecnología, S.L. Oficina de Asuntos Legales. Parque Tecnológico, 210 - 48170 Zamudio, Bizkaia, España.

  11. SECURITY: COOKIES AND PRIVACY

  When ZIV Website is viewed, we may store some information in the form of a "cookie" or similar file that is automatically downloaded to your computer. Cookies enable us, among other things, to tailor a Website or advertisement to better match your interests and preferences. If you do not want cookies sent to or stored on your system, most Internet Browsers will allow you to erase cookies from your computer hard drive, prevent them from being stored or trigger a warning before a cookie is stored. No cookies can affect the use of some products and services in the “www.ziv.es” Web site.

  ZIV guarantees the safe environment for the transaction of products and services rendered assuring the protection of information.

  User can verify that he is within a secure environment if the status bar of his browser appears with a closed padlock or looking for the “s” in the http.

  ZIV may store and make use of IP address from “www.ziv.es” Web site for internal use, such as to analize trends, administer the Web site and trace the Web site usage overall. ZIV does not associate IP address with personal information.

  12. LINKS

  ZIV is not responsible for the pages on other World Wide Web sites linked to its own. Responsibility for the use of or reliance on any such Web sites belongs exclusively to User, and must adhere to Terms and Conditions of sites. ZIV shall not be responsible.

  13. INTELLECTUAL AND INDUSTRIAL PROPRIETARY RIGHTS

  The intellectual and industrial property rights contained in the web pages of “www.ziv.es”, their graphic design are the property of ZIV. In particular and not limited to, author copyrights, logos, color combinations, distinctive design, computer codes, menus, navegation icons, HTML codes, Java applets, texts images, graphics, and any other content in the Web site related to services, contents and/or tools provided by ZIV. Any reproduction, distribution, marketing or transformation of their content which has not been expressly authorised by its owners constitutes an infringement of the intellectual and industrial property rights protected by law.

  User agrees to respect the intellectual and industrial property rights of the Web site and its contents and/or tools; User will refrain from copying, reproducing, distributing or marketing content which has not been expressly authorized in writing by ZIV and adheres to the following terms:

  Any copy, complete or partial, from the Web site or content tools of ZIV must include a copyright of ZIV “© ZIV 2005”. All rights reserved. In case of use, reproduction and distributing of property contents from third parties appear on Web site, the copyright symbol of such parties will appear on all reproductions.

  No modifications will be made to this content except when User has previous approval from ZIV. The contents of this website may be downloaded to the user`s terminal, provided it is for personal use and without commercial end; therefore it may not be exploited, reproduced, distributed, modified, publicly communicated, ceded, transformed or used for commercial purposes.

  ZIV reserves the right to deny authorization for use of any “www.ziv.es” Web site contents or tools in any moment. In this case all access will be interrupted. ZIV is not responsible to information from third parties added to the “www.ziv.es” Web site.

  No images or graphics available at “www.ziv.es” Web site will be used separate from the rest of the images belonging to or corresponding texts when applicable.

  No distribution and publishing of contents from “www.ziv.es” Web site with:

  • Pornography and/or prostitution.
  • Infatil Operation or that harms minors in any way.
  • Racism.
  • Terrorism.
  • Illegal weapons.
  • Any other unlawful and illegal content.

  Names and products on this Web site are name brands registered with their respective company.

  14. CONTRACT TERM

  Contract obligation term resulting from services, contents or tools offered between ZIV and User, are those posted in particular conditions, in the License of Use Agreement of the servicee provided to the User before the contract.

  The period of time the current Terms and Conditions are valid is the same it remains posted on the Web site. These terms and conditions are applicable to User upon accessing the site and/or completing the shopping process for services, contents and/or tools.

  In any case, ZIV reserves the right to modify terms without affecting the products received by User before modification, with exception to those the User would have chosen a newer version or product, or the services would have changed on behalf of ZIV, in which case the new terms will apply in the moment of change and/or modification.

  15. WAIVER

  ZIV reserves the right to resolve beforehand, without prior notice, the contract of services, contents and/or tools provided in the Web site, to Users that fail to meet the Conditions and/or particular contractual conditions, or in case License of Use Agreement.

  User may not exercise right for waiver or cancellation for contracts customized according to specifications or by the nature of the contract may not be returned, or could deteriorate or expires, or contracts of information programs provided by downloads or reproduction of such for immediate use.

  16. JURISDICTION AND APPLICABLE LEGISLATION

  LThese Terms of Use shall be governed by the provisions of Spanish legislation.

  In the event of any discrepancy or dispute as a result of the interpretation or application of these Terms of Use, expressly renouncing any other code of law which may correspond to them, USER submits to the jurisdiction of the Courts and Tribunals of the city of Bilbao.

  17. NOTICE

  All notices, requirements, petitions and other communication needed by the parties involved in the Terms should be in writing and certified mailed or courier to mailing address or residence address.

  18. INVALIDITY AND INEFFICIENCY OF THE CLAUSES

  Should any clause included in these Terms and Conditions be declared completely or partially invalid or inefficient, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.