Terms of Use

INTRODUCTION

NTT COM MANAGED SERVICES, S.A.U. (“NTT CMS”) is a company with registered office at Avda. Diagonal nº 575, 5ª floor 08029 Barcelona, Spain, holder of tax/VAT registration number A62396908 and registered in the commercial registry of Barcelona, section 8, sheet 227240.

NTT CMS holds all the intellectual property rights and any other rights to the website (the “Website”). Users’ (the “User” or “Users”) access and use of the Website is subject to these terms of use (“Terms of Use”) and will be supplemented with any other legal texts regulating any functionality, service, process, application, platform, or means required to use the Website, or related to it.

Please read the Terms of Use carefully. Accessing the Website and using the materials therein, indicates that you have read and accept without reservation these Terms of Use. Any User that disagrees with all or part of these Terms of Use should not use the Website.

PURPOSE

This Website contains materials prepared by NTT CMS only for informative purposes. NTT CMS also reserves the right to change, expand, or reduce the materials offered through the Website at any time, notifying registered Users.

Without prejudice to the above, NTT CMS grants Users a non-exclusive license, which cannot be sub-licensed or transferred, to use the Website and its functionalities, content and other features, which are subject to the remaining provisions in these Terms of Use, and the applicable laws.

USER COMMITMENTS

The User agrees to (i) fulfill these Terms of Use, (ii) comply with the special warnings or instructions for use specified in them, and (iii) act according to the law in force, morality, best practices, and the requirements of good faith and public order. The User will apply due diligence and not use the Website in any way that could prevent, damage, or impair its proper operation or that of the assets or rights of NTT CMS, other Users, or any third party.

Specifically, and without this restricting the previous section, the User agrees to fulfill the following commitments:

  1. To provide true information about the data requested in the forms provided by NTT CMS to access certain content or services offered through the Website, and to keep it updated. NTT CMS reserves the right, without prejudice to other legal measures available, to withdraw, deny, or suspend access to the Website if the data provided is or could be false, inaccurate, or misleading. The User is fully liable for (i) any data or content transferred or communicated to NTT CMS, and (ii) any harm or loss derived from its improper use.
  2. Not to use the Website or a part of it in other private or commercial websites and/or make any other commercial use of the Website.
  3. Not to create hyperlinks to the Website or any of its contents, unless expressly authorized in writing by NTT CMS.
  4. Not to enter, store, or disseminate through the Website any program, data, virus, code, or any other electronic or physical device that could harm them or any of the services, equipment, systems or networks of NTT CMS, another User, or a third party.
  5. Not to change, copy, download, modify, decompile, disassemble reverse-engineer, grant licenses, lease, sell, or imitate the Website, their content, or their system software.
  6. Not to enter, store, or disseminate by means of the Website any content that breaches third-party intellectual or industrial property rights or trade secrets, or any content it is not legally entitled to make available to third parties.

NTT CMS is entitled to block access to certain Website’s services to any User in case the User violates these Terms of Use, third party rights, any applicable laws or any of the commitments under this clause. Notwithstanding the above, NTT CMS shall be entitled to bring any actions for the violation or infringements stated above.

LIABILITY

To the extent permitted by the applicable laws, NTT CMS shall not be liable for (i) any harm deriving from interference, omission, interruptions, computer viruses, malfunction, or disconnection in the operation of Users’ electronic system or IT devices and equipment, due to causes beyond NTT CMS’s control, which prevent or delay navigation through the Website or the Applications; (ii) any delays or blocked use caused by problems or overloads on the internet or in other electronic systems; or (iii) the impossibility of providing the service or allowing access for reasons beyond NTT CMS’s control, caused by the User, third parties, or unforeseeable circumstances.

However, NTT CMS declares that it has taken and will take, if necessary, all the measures required based on its capability and the state of technology, to guarantee proper operation of the Website and avoid the presence and transfer of viruses and other harmful elements affecting Users.

NTT CMS reserves the right to interrupt access to the Website, without giving notice, for technical, security, control or maintenance reasons, due to a failure in power supply, or for any other reason. NTT CMS does not routinely monitor Users’ use of the Website.

NTT CMS is not liable for Users’ use of the content of the Website that might entail a breach of any national or international regulations, intellectual or industrial property rights, or any other third-party rights.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

NTT CMS is the exclusive owner of all intellectual and industrial property rights, and all the information on the Website (including but not limited to all information, texts, data, images, graphics, designs, source code, software, trademarks, navigation structures, databases, and any other content). Therefore, it is prohibited the use, reproduction, transmission, dissemination, disclosure, public communication, processing, distribution, transformation or exploitation of them by the Users, in any way, except as part of the service that includes the Website or when expressly and written authorized by NTT CMS.

NTT CMS grants Users a non-exclusive, non-licensable, non-transferable license to use the Website in its current version, which is subject to the other terms in these Terms of Use, as well as any other terms of use and applicable law. Users are only authorized to view and obtain a temporary private copy of the content for personal and private use on their IT systems (software and hardware), but they are not authorized to later transfer them to third parties. With the exceptions above, the User must not fully or partially modify or reproduce this information without NTT CMS’s written permission.

Users must not reproduce, transfer, transform, distribute, publicly disclose, make available, extract, reuse, exploit, or use in any way, by any means or procedure, any of them, unless it is allowed by law or with NTT CMS’s written permission.

Users acknowledge and agree that the use of the Website does not suppose the transmission of any intellectual or industrial property rights, such as copyright, trademarks, designs or other rights on the Website, nor constitutes authorization for the creation of developments arising from the Website except to the extent allowed under the terms herein.

Users grant NTT CMS a non-exclusive, unlimited, entire, transferable, free, and sub-licensable right over any non-personal data or data from which personal references have been removed (anonymized data) and over any content, ideas, suggestions, material and information included by the User in the Website, for the maximum term permitted by law and for its use in the broadest terms by NTT CMS.

DATA PROTECTION

NTT CMS will protect Users’ personal data and will process it in accordance with the Privacy Policy.

THIRD-PARTY LINKS

These Terms of Use apply only to NTT CMS’s Website and content, and not to third-party links, websites, or applications accessed through them, or any other third-party service. NTT CMS cannot control the information, content, products or services provided by third parties that have established links to the Website, and access to them through the Website does not imply that NTT CMS recommends or approves their content.

Consequently, NTT CMS will not take on any liability deriving from them. If other IT networks or resources are accessed, the User agrees to comply with the provisions in the relevant privacy policies and terms of use.

NTT CMS offers Users these links, information and services only for the User’s benefit, and the User is responsible for reading and accepting the terms of use and privacy policies published on those websites or related applications. Their inclusion on the Website does not imply that NTT CMS approves of the linked website.

NTT CMS declares that it will immediately withdraw any link when the content it leads to may breach national or international law or go against morality or public order.

CHANGES TO THE TERMS OF USE

NTT CMS reserves the right to change or update these Terms of Use at any time, as well as any information that appears on the Website.

COMMUNICATION

For purposes of these Terms of Use, any communication required between the User and NTT CMS must be sent to privacy@nttcom.ms.

NOTICE OF INCIDENTS AND POTENTIAL INFRINGEMENTS

NTT CMS respects third-party rights and the applicable law. Users of the Website are also obliged to do so. If any technical incidences occur in the Website, or if any errors, inaccuracies, or unlawful content are found in any sections, contact privacy@nttcom.ms.

SEVERABILITY AND INTEGRATION OF CLAUSES

The unlawfulness, invalidity or non-effectiveness of any of the clauses of these Terms of Use will not affect the validity of the other provisions, provided the rights and obligations of the parties deriving from the Terms of Use are not affected in an essential manner. “Essential” refers to any situation that seriously damages either party’s interests, or affects the purpose of the Terms of Use. These clauses must be replaced with or integrated into others that comply with the law and fulfill the purpose of the replaced clauses. The parties waive any claim for harm and loss that may be filed in this scenario.

APPLICABLE LEGISLATION AND JURISDICTION

Access to the Website and the Applications entails the User’s acceptance of the provisions in these Terms of Use. If you disagree with these Terms of Use, please do not view or use the Website. Any dispute arising from them will be governed by Spanish law, and the parties waive their rights to any jurisdiction they might be entitled to, and submit to the jurisdiction of the courts of the city of Barcelona (Spain).

In case of final consumers, in the event that any conflict or discrepancy arises in the interpretation or application of these Terms of Use, the competent Courts and Tribunals that, as the case may be, will be those established by the applicable legal regulations.

The European Commission also has an online dispute resolution platform that can be accessed through the following link: http://ec.europa.eu/consumers/odr/.