TERMS OF USE

FIRST.- OBJECT

The following Terms of Use are designed to regulate the access and free use of the website hosted under the domain name www.einicia.es, (hereinafter “the website”) and the web forum (hereinafter “the forum”), created and managed by EINICIA and it´s authorized personnel or staff.

For the purposes of these Terms of Use, any natural or legal person who accesses or uses the website and / or forum will have the generic consideration of "User".

Access or use of the website implies the reading, understanding and acceptance by the User of these Terms of Use and the obligations arising thereof.

EINICIA reserves the right to amend, without previous notice, these Terms of Use. It is the sole duty and responsibility of the user to be aware of the present Terms of Use and their changes each time the User accesses the website.

EINICIA may establish special Terms for the procurement or use of certain services or products offered through the Website, as well as Rules of Conduct to be observed by the user.
 

SECOND.- INFORMATION ABOUT EINICIA CROWDFUNDING S.L

The Website is owned by EINICIA CROWDFUNDING, SL, hereinafter EINICIA, a spanish Limited Liability Company (LLC), with Tax Identification Number B87457545, with tax residence in Madrid,  at Cuesta Del Sagrado Corazón 6-8 28016, Madrid and e-mail info@einicia.es, and registered with the Commercial Registry of Madrid, under volume 34363, sheet 70, section 8, page M-618116, 1st entry (tomo 34363, folio 70, sección 8, Hoja M-618116, inscripción 1).
 

THIRD.- TERMS OF ACCESS TO THE WEBSITE AND REGISTRATION

The user has free access to the Web, notwithstanding the fees that may be charged by the internet service provider with whom the user has contracted such services.

Prior registration will not be necessary in order to access to the content qualified by EINICIA as “of public knowledge” and posted on the website. As a general rule, User registration is not required to access to the contents of the Website.

To access and obtain services different from the abovementioned or to participate as a project initiator or investor, as well as a forum user, pre-registration and the compliance with any Terms determined by  EINICIA will be required.

This website and it’s forum are property of EINICIA. Industrial and Intellectual property rights, copyrights and exploitation rights of the webpages of this website, the information they contain, their appearance and designs are of exclusive property of EINICIA, unless otherwise specified.

EINICIA shall not be liable and cannot be held accountable for the damages arising from the access to the web, the use or misuse of the information contained or of the access to other contents available on the Internet, made through links which may redirect or refer to other contents or websites.
 

FOURTH.- GENERAL TERMS FOR USERS.

Right of access to EINICIA, the Website and the forum is reserved to people over 18 years old. Prove of this legal age shall consist of a statement, provided by the user, of having reached said age. However, EINICIA reserves the right to suspend or terminate the accounts of those users whose legal age is in doubt or has distorted the above statement.

The user is required to provide the identity information determined by EINICIA, which must be accurate, current and truthful at all times. The user shall be solely liable for the accuracy of the data and information provided to EINICIA and other users, and disclaims EINICIA of any liability arising from such an infringement or violation.

The registered user is responsible for preserving his account and password, being liable for any damages that may arise from any improper use or misuse, transfer, disclosure or loss of the account information, recommending the registered user hereby a diligent preservation.

It is, therefore, recommended, that the password has a level of complexity that hinders the simple or obvious access by third parties, notwithstanding the security and safety measures implemented by EINICIA.
 

FIFTH.- USE OF THE WEBSITE: DUTIES AND LIABILITIES.

The User shall be liable for the access and proper use of the website and the forum, pursuant to these Terms of Use, the Rules of Conduct of the Forum and, in any case, to Spanish Law and to the guidelines and policies of access and use of the website and the Forum established and implemented by EINICIA.

The user is solely liable for the information, opinions, comments, references or content of any kind that he may communicate or submit through the website or the forum, as well as for the noncompliance of the Policies and Terms contained in the web, and for the noncompliance of the obligations and specific terms that may rule the services that the user has purchased through the website.

EINICIA shall not be liable for the contents that users may add to the website or the forum and shall eliminate and erase any content which may violate or infringe EINICIA’s policies and Terms and/or the Spanish Laws and Regulations.
 

SIXTH.- PROHIBITED USES AND CONDUCTS.

As a user of the Web, you are prohibited to, and, therefore, you shall be solely liable for its consequences and damages, access or use the website in such manner that involves:

1.  Using the website illegally, in a way that may constitute a felony or in any other way by which the website may be damaged or overloaded, or that it may attempt against or damage third parties, or that it may constitute an infringement to Spanish Legislation.

2.  Uploading computer viruses, corrupted files, or host, store, distribute or share any other malicious materials or programs that may damage or alter the contents, software programs or systems of the web.

3.  Using or reselling, for unauthorised or unlicensed purposes, the contents included on the website without prior authorization of EINICIA.

4.  Publishing, distributing or broadcasting any information via the website, unless specifically authorized by EINICIA, pursuant to the provisions established on the website.

5.  Broadcasting, uploading or downloading files of any kind or type through the website, or the forum, except those specifically authorized by EINICIA,  pursuant to the provisions established on the website.

6.  Broadcasting, uploading, publishing and make available to third parties any materials, contents or information  that infringes the Spanish law or violates fundamental rights and public freedoms recognized by the Spanish Constitution, Spanish Legislation and in International Treaties.

7.  Uploading or broadcasting racist, xenophobic, pornographic, terrorist contents or propaganda, or contents that may violate human rights.

8.  Broadcasting, transmitting, publishing or making available to third parties any information or content that constitutes unlawful or unfair advertising.

9.  Broadcasting unsolicited and/or unauthorized advertising materials, "junk mail," "chain letters," "pyramid schemes" or any other form of customer engagement, except in those areas (such as commercial spaces) that have been specifically designed for.

10.  Introducing or spreading any false, ambiguous or inaccurateinformation or contents so as to mislead the recipients of information.

11.  Broadcasting, transmitting or making available to third parties any information or content that is in violation of industrial and/or intellectual property rights, such as, but not limited to, patents, trademarks or copyrights pertaining or belonging to the legitimate owners of the Website or to third parties.

12.  Broadcasting, publishing, transmitting or making available to third parties any information or content that entails a violation of the secrecy of communications and of legislation regarding personal data.

13.  Regarding the Forum of EINICIA, expressing opinions by users that entails a breach of the Forum’s Code of Conduct, a lack of respect or a violation of the rights of other users or third parties. To this end, EINICIA shall, as soon as practicable and attending to the human and material resources at its disposal, implement the necessary measures to remedy the violation and to take action, legal or otherwise, against the offending user.

EINICIA shall take any and all legal action It deems appropriate in order to mitigate or repair the consequences of the aforesaid prohibited uses and conducts and to demand accountability when It deems appropriate.

Such legal measures shall be implemented by EINICIA, on Its own behalf, or on behalf of any aggrieved third party or Public Authority.

The user undertakes to take necessary and appropriate measures to exclude EINICIA and the website EINICIA of any liability and/or against any claim, fine, penalty or sanction that may be imposed to EINICIA as a result of the user’s infringement of the laws, regulations, General Terms, Terms of Use or any other regulation, policy, provision or prohibition.

EINICIA reserves the right to remove, eliminate, exclude or report to the competent authority of any action or conduct that entails an infringement or violation of the prohibitions listed in the preceding paragraphs.
 

SEVENTH.- PERSONAL DATA PROTECTION AND USE OF COOKIES.

EINICIA, as well as the users, shall observe and shall be subjected to the Spanish Data Protection legislation in all communications or publications that involve or entail the collection of data and information of a personal nature or kind.

Users are subject to the Privacy and Data Protection Policies and Use of Cookies Policy implemented and provided by EINICIA. Such Policies are available to users on the website of EINICIA (www.einicia.es).

All personal data provided by Users to EINICIA through the website or other means of communication or transmission will be stored and saved in files and servers owned or managed, directly or through a third party, by EINICIA CROWDFUNDING S.L. Said files are duly registered in the General Data Protection Registry.

All the aforesaid data and information shall be treated and processed with absolute confidentiality, being processed for the purposes for which they have been requested and provided by its owner, pursuant to the Spanish Law on Personal Data Protection and other applicable Legislation, implementing EINICIA all the IT safety measures established in the rules applicable to prevent alteration, loss or unauthorized access and handling of said data, in accordance with the technical state-of-the-art and the nature of the data.

Users may exercise the rights of access, amendment, cancellation and opposition by writing to EINICIA CROWDFUNDING S.L., Cuesta del Sagrado Corazón, 6-8, 28016, Madrid or by e-mail: lopd@einicia.es.
 

EIGHTH.- DISCLAIMER

8.1. Disclaimer for the contents available through the website.

EINICIA shall not be liable for the informations, statements, opinions, contents or  hyperlinks expressed or provided by users, as well as for the accuracy, integrity and reliability of said  informations, statements, opinions, contents or  hyperlinks.

EINICIA shall not be liable for the misuse of the Website or its contents by the user, assuming the user, in any case and under his sole responsibility, the consequences, damages or actions that may result or arise from such misuse.

EINICIA shall not be liable for any consequences arising from the violation or infringement of industrial and/or intellectual property rights related to initiated projects promoted by EINICIA and owned by the project initiators.

EINICIA shall not be liable for the opinions, recommendations, contents, materials or information expressed or provided by users on the website and on the Forum enabled and managed by EINICIA. Under no circumstance, such opinions, recommendations, contents, materials or informations shall be considered as suitable and reliable in the making or formation of judgments or decisions regarding investing in a project.

8.2. Disclaimer for the contents hosted in other websites accesible through EINICIA’s website or Forum.

EINICIA shall not be liable for any content, files, information, advertising, opinions, concepts and images published or distributed, directly or indirectly, via hyperlinks, websites or domain names allocated or posted on the website, which may redirect  to a different website.

EINICIA shall only be liable for the services rendered by EINICIA on the website and the Forum within the limits and provisions contained in the General Terms, Special Terms (where applicable), Terms of Use, Code of Conduct of the Forum and Contracts provided by EINICIA with the users.

Access or use of hyperlinks by Users will be done under their sole responsibility and knowledge, acknowledging that the incorporation of said lhyperlinks shall not be considered as a recommendation or an invitation by EINICIA to follow them, except in those cases where EINICIA may declare otherwise.

8.3. Disclaimer for the website’s and the forum’s functioning.

EINICIA owns the website www.einicia.es and provides its services and publishes its contents through it.

EINICIA reserves the right to make the alterations, amendments and upgrades that It may deem necessary to provide an adequate service according to the purpose of the platform. However, EINICIA shall not be liable for the damages caused by such alterations.

EINICIA reserves the right to, temporarily or permanently suspend the access and the service provided by the website. EINICIA shall not be liable for the damages caused by said suspension, except in those cases legally established.

EINICIA, according to its technological and human resources, shall establish and maintain the security mechanisms and safeguards against, among others, computer intrusions, viruses, spam, undesired advertisements or publicity, spyware, malware or other unauthorized attacks or actions that could jeopardize the normal operation of the web site and forum or cause damage to users, third parties or their hardware.

However, EINICIA shall not be liable for damages caused by actions, behaviours or violations described in the preceding paragraph or for those that may be similar in nature, and by the failure to comply with these Terms of Use or the improper or careless use of the website and its versions.

EINICIA shall not be liable for the damages arising from or for the non-completion of operations or agreements due to:

●       The interruption of service for actions or omissions attributable to the supplier or Internet service providers (internet).

●       The interruptions arising from blackouts, power surges, power grid failures or any other cause of interrupting service information society involving the collapse of the website.

●       The interruption of services provided through EINICIA’s website or forum.

●       The interruption of gateways or other services performed by third parties to the contract.

●       Force majeure, provided that EINICIA could not maintain uninterrupted service with the technological and human resaurces at EINICIA’s disposal.

EINICIA shall not be liable for any misuse, loss, identity theft or fraud, misuse or unauthorized third party use of the account and accessing passwords to the website, its contents and services.
 

NINTH.- INDUSTRIAL AND INTELLECTUAL PROPERTY

The entire website, that is, the elements that compose it (by way of example and not limited to: text, images, marks, logos, audio files, software files, color combinations) as well as the structure, selection and order of its contents are property of EINICIA, are protected by Industrial and Intellectual Property Legislation on intellectual and, in no manner, shall they be subjected to exploitation, reproduction, distribution, modification, public communication, transformation or any other form of dissemination, distribution or broadcast, unless expressly authorized.

Access to the website does not give users the right, nor any ownership of any industrial or intellectual property content provided by the website.

EINICIA reserves the right to take legal actions against users who violate or infringe the intellectual property rights and / or industrial.

The user who is a project initiator represents and warrants that the projects published and advertised on EINICIA and the website are original works created by him and in no way are copies or reproductions that violate or infringe industrial and/or intellectual property rights of third parties. The website owner (EINICIA) shall terminate the accounts of users who infringe or violate any intellectual or industrial property rights of third parties. Should EINICIA be aware of any violation or infringement of industrial or intellectual property rights, EINICIA shall remove the materials which constitute said violation or infringement, pursuant to industrial and intellectual property regulations or legislation.
 

TENTH.- ALTERATIONS AND AMENDMENTS TO THE TERMS OF USE.

EINICIA may, at any time and without prior notice, amend these terms or introduce new Terms of Use.

If, due to a mandatory legal or regulatory action, the services rendered by EINICIA become impossible or extremely burdensome or costly for EINICIA, EINICIA reserves the right to: (i) modify the service or these Terms, in order to adapt to the new situation, (ii) terminate the Terms.

EINICIA shall not be liable for any claim arising from the conducts or actions described in the previous paragraph, as long as EINICIA publishes or uploads said amendments to the website.
 

ELEVENTH.- APPLICABLE LAW AND JURISDICTION.

Regulations currently in force shall determine the applicable law and the competent Courts and Tribunals to hear any disputes or conflict arising from the the relationship between EINICIA and web user. However, in cases where regulations allows the parties to submit to a particular judicial or arbitration tribunal, EINICIA and the user, with express waiver of any other Courts that they may be entitled to bring action to, shall submit to the Courts of the city of Madrid and to Spanish legislation.