In accordance with the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce [LSSI-CE (art. 10)], users are informed that the ownership of this website (https://www.binnacledata.com) corresponds to REDEGAL, S.L., (hereinafter, BINNACLE for being the company that provides the service). The complete details of the Entity are as follows:
- Address: Rúa Telleira 11 – Entresuelo, Ourense.
- N.I.F.: B-32318354
- Email: [email protected]
Company registered in the Mercantile Registry of Ourense, Volume 650, Folio 135, Third Section, H M OR-9089.
The website and all domains and directories included under it (hereinafter jointly referred to as Portal), as well as the services or content that can be obtained through it, are subject to the terms detailed in this LEGAL NOTICE, without prejudice to the fact that access to any of said services or content may require the acceptance of additional General Conditions.
Therefore, if the considerations detailed in this LEGAL NOTICE do not agree with you, please do not use the Portal, since any use you make of it or of the services and content included in it will imply acceptance of the legal terms contained in this text.
BINNACLE makes this LEGAL NOTICE available to users in order to inform them of the conditions of use of the website, by virtue of the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce ( LSSI-CE), https://www.binnacledata.com is a platform that will vary over time, adapting to the needs of users and new technologies. Due to all this, BINNACLE reserves the right to modify any type of information that may appear on the website, without there being any obligation to notify or inform the user of such modifications, their publication on the website itself being understood as sufficient.
LANGUAGE OF THE COMPENDIUM OF CLAUSES
The clauses that are collected here have been developed and configured in Spanish, therefore, in the event that it is translated into any other language, Spanish will prevail over the others in case of dispute, since it is the original form in which has drawn up the compendium of clauses.
NAVIGATION, ACCESS AND SECURITY
Access and navigation to this website and its services, in everything that is not free of charge or imposes a series of obligations, requires that the User be of legal age and have the legal capacity and representation necessary to be legally bound. The use of the services offered on the web implies that the User declares to meet these requirements.
There is simplified information on the website, or information written with the aim of making it easier to understand for the general public, therefore, BINNACLE is not responsible for erroneous interpretations derived from the information contained herein, unless this responds to own negligent action in the exercise of their duties.
In any case, the owner is not responsible in any case for damages caused as a result of fortuitous or unforeseeable events, nor for those others that may be a consequence of the User’s negligent behavior.
All content, trademarks, designs, logos, icons, buttons, software, trade names, domain names, and any other signs or elements susceptible to protection by intellectual and industrial property rights that are part of this website are the property of BINNACLE or third parties who have duly authorized their inclusion in it and who appear as authors or rights holders.
The exploitation rights of the website are owned by BINNACLE and are protected by Spanish Intellectual Property Laws and by the applicable laws of the country where it is used. The structure, organization and coding of the website constitute the valuable trade secrets and confidential information of BINNACLE. Thus, the user must, therefore, treat the web application in the same way as any other material protected by intellectual property rights and may not copy them without the express written authorization of their owners.
In no case shall it be understood that any license is granted or that said rights are waived, transferred, transferred, in whole or in part, nor is any right conferred, and in particular, of exploitation, reproduction, distribution, transformation or public communication of said contents without the prior express written authorization of BINNACLE (regarding the design of the site or the use of the brand “REDEGAL, S.L.” or of the corresponding third parties.
The trademarks must be used in accordance with the commercial uses of trademarks, including the mention of the name of the owner of the trademark.
CONTRACT SOFTWARE AS A SERVICE (SaaS).
BINNACLE is the author and owner, in the sense that articles 5 and 97 of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Spanish Intellectual Property Law, of theSoftware as a Service of which the use license is sold in this contract. In the art. 10.1.i) of this Royal Legislative Decree recognizes that computer programs will be considered works of an intellectual nature; therefore, the intellectual property of the software will correspond to the author by the mere fact of its creation (art. 1 Royal Decree 1/1996) and must only be submitted to the generic requirement of originality (art. 96.2 Royal Decree 1/1996). For all this, BINNACLE (author of the software) is recognized, in this sense, all the exploitation rights and all the moral rights that fall on his work, from the moment he creates it.
The license to use the SaaS is granted under the following faculties:
- Defined use license.
- Without limitation of the territorial scope.
- Not exclusive.
- onerous; subject to the consideration agreed in this contract.
- Not sublicensable to third parties, not assignable and not transferable.
- Without rights of distribution and / or public communication.
BINNACLE declares that the obligations, stipulations and clauses that derive from the contracting of the SaaS do not infringe, violate, infringe, damage, impair or contravene, in any way, the intellectual property rights of which a third party is the owner.
BINNACLE undertakes to safeguard the CLIENT from any contingency, claim or expenditure that may arise from the actions of any third party that alleges a violation of their intellectual property rights (provided that this is proven to be true). Excepted from this, any contingency, claim or expenditure that could be derived from any situation generated or caused by the client when making use of the SaaS; In this case, it will be the latter who assumes the responsibilities that could be generated. Likewise, it exonerates from responsibilityBINNACLE in case of intent or gross negligence derived from the actions of the subscriber in relation to the purpose of this contract.
The parties agree and undertake to release each other, before third parties, from all liability of a civil, criminal, commercial or any other nature, derived from the use or misuse made of the information protected by intellectual property.
In relation to the services exposed under this contract, BINNACLE grants the license to use the SaaS in a way that is: non-exclusive, non-sublicensable, non-transferable and without limitation of territorial scope, the exploitation rights of the programs developed under this contract and of the generated documentation. Said transferred rights will include, among others, the rights of use, reproduction, distribution, public communication, translation, adaptation and transformation, in its maximum scope and worldwide.
The granting of this temporary assignment of rights does not imply the assignment of rights to the industrial and intellectual properties of the applications, the hardware, and any other tool that has been used.
BINNACLE facilitates access to other web pages that are considered of interest. The purpose of these links is solely to make it easier for the user to search for resources that may interest them on the Internet. However, said pages do not belong to it, nor does it review their contents and, therefore, cannot be held responsible for them, for the operation of the linked page or for possible damages that may arise from accessing or using it.
It is expressly prohibited to carry out “framings” or the use by third parties of any other mechanisms that alter the design, original configuration or contents of your Portal. BINNACLE disclaims any type of responsibility derived from the information published on its website, provided that this information has been manipulated or entered by a third party outside the same.
BINNACLE is not responsible for the information and content stored, including but not limited to, in forums, blog generators, comments, social networks or any other means that allows third parties to publish content independently on https://www.binnacledata.com. In the event that the user considers that there is any content on the website that could be likely to affect or contravene national or international legislation, third-party rights or morality and public order, please notify us immediately. [email protected].
BINNACLE does not assume any responsibility derived, or that may derive, from the use that users make of the information and contents of the website.
Despite having taken all the necessary precautions to provide current and accurate information on the website, BINNACLE cannot guarantee that all information provided is up-to-date or that it is free from errors or omissions.
LIMITATIONS OF USE AND DUTY OF CUSTODY
The user agrees not to use the website for illegal purposes or in a way that infringes the rights of third parties.
The user undertakes to refrain from using the telematics application for illicit purposes or effects, contrary to what is established in this document and in the telematics application, harmful to the rights and interests of BINNACLE and third parties, or that in any way may damage , disable, overload or deteriorate the telematics application or prevent the normal use or enjoyment of the telematics application by other users.
The user is prohibited, including but not limited to, reverse engineering, decompiling, disassembling, reproducing, translating, modifying, versioning, marketing, duplicating, transforming, or transmitting to any person or entity, in whole or in part, in any form or by any means, be it mechanical, magnetic, by photocopy or any other, or remove any notice of property or labels from the telematics application, including but not limited to, the logical diagrams, source codes, object and/or model of data, without prior and express written authorization from BINNACLE.
BINNACLE cannot guarantee that the availability of the service will be continuous and uninterrupted at all times, due to the possibility of technical problems appearing in the network, telecommunications service providers, equipment breakdowns and other possible unforeseeable contingencies such as repairs, maintenance and software update. In any case, BINNACLE guarantees that it will try to solve said problems in the shortest possible time.
The user acknowledges and accepts that the access and use of the website and/or the Contents included in it takes place freely and consciously, under their sole responsibility. Access to the website and/or the Contents included therein does not imply any type of guarantee regarding the suitability of the Portal and/or the Contents included therein for particular or specific user purposes. BINNACLE may establish limitations and/or additional conditions for the use and/or access to the website and/or the Contents, which must be observed by the users in any case.
For any communication, the User must go to the address indicated, or through any of the different means of communication (certified mail or e-mail) indicated in the CONTACT section of the Web https://www.binnacledata.com.
For its part, the communications from BINNACLE to the User will be made through and according to the data provided when registering or that appear in the first communication sent by the User himself.
JURISDICTION AND APPLICABLE LAW
The terms and conditions that govern this website and all the relationships that may derive from it are safeguarded by Spanish legislation.
Any litigation, discrepancy, question or claim derived from the execution or interpretation of this legal or related notice, as well as other texts collected on the web, will be governed and resolved subject to Spanish legislation and to the Courts and Tribunals of OURENSE, except that the law indicates another as competent as in the case that the consumer and user regulations were applicable.