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Legal notice

by Grupo gvSIG last modified 2011-09-28 12:44
I. OWNERSHIP OF THE WEB
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GVSIG ASSOCIATION (hereinafter GVSIG), is the holder of the trademarks GVSIG ®, www.gvsig.com and www.gvsig.org domains, and the web published and housed in these domains (hereinafter the Web), making available to customers and users to report on their corporate identity, activities, products and services.

In accordance with the requirements of national legislation on the Information Society and Electronic Commerce, we inform the users of social data, tax and registration of the organization:


* Address: Plaza Juan Villarrasa, nº 14-5, CP 46001 Valencia (Spain)
* Registry Data: Entered in the National Register of Association, nº 596206.
* Tax Identification Number (Tax ID): G-98125362
* Postal address: Plaza Juan Villarrasa, nº 14-5, CP 46001 Valencia (Spain)
* Email Address (Contact): gvsig-incidencias@gvsig.com


II. CONDITIONS OF ACCESS AND USE OF THE WEB
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A. General Issues
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GVSIG through the web, provides its customers and users on its corporate identity, organization, activities, products and services. The information contained on the web about the company is current at the time of publication, ensuring that it is always accurate and precise update it as speedily as possible, trying to avoid mistakes and correcting them as soon as might be found. In any case, GVSIG can not guarantee the absence of errors in it or that the content of the information is continuously updated.


GVSIG may, at any time and without prior notice, amendments, deletions or updates the information and conditions contained on the web or your presentation, layout, access, use, functionality and content specific.

The information provided in response to any question or request for information is purely indicative and/or information on their activities, products and services, and in no case will be binding GVSIG, or for recruiting them by customers and users unless explicitly stated otherwise.

The contents of the website can be downloaded into the user's terminal whenever it is for private use and without any commercial purpose, but can not be exploited, reproduced, distributed, modificated, public publicated, saled or converted, unless specifically authorized and expressed.


B. Terms of website use
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These general conditions governing access to and use of web GVSIG makes available to its customers and users. These general conditions apply to activities such as information provision, if any, promotional, which are made through the web, so that these conditions will govern both access, navigation and use of the web.

The access, browsing or use of any utility or service on the web involve the acquisition by the user of the condition for present purposes.

The access, browsing or using the web implies full acceptance without reservation by the user of each and every one of the conditions of access and use of the web that are in force at all times. Consequently, if the user does not agree with any of the conditions set forth herein should refrain from accessing and using this site and the utilities that may be available to the user at a time through it, or so related.

GVSIG reserves the right to modify at any time these Terms of Use Site and any other general or specific conditions, regulations, instructions or warnings that may apply. Also GVSIG reserves the right to suspend, discontinue or cease to operate the site at any time.

The conditions of access and use of this website is governed by the principles of legality and good faith, committing the user to use the website and the information or services provided pursuant to law, morals, good customs and public order.

1. Object
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1.1. Through the web, GVSIG provides its users with information on your corporate identity, activities, products and services as well as access to various content, data and information themselves and General (hereinafter "content") made available GVSIG users or, in time, if any, by third parties. GVSIG reserves the right to modify at any time the presentation, configuration and location of the web as well as the contents and the conditions for its use.

2. Conditions of access and use
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2.1. User requirements. Only allowed access to and use of this website to individuals (older than 14) and corporate bodies wishing to obtain information about the organization, its products and services, so GVSIG is exempt from liability in the event that the complete any form of contact have been inserted false or erroneous connection of the user, corresponding in all cases the same to the user or their legal representatives. GVSIG reminds users that older children are responsible, that is your sole responsibility to determine what services and/or content are or are not appropriate for the age of the latter, there are software programs that filter and block access to certain content and services.

2.2. Access and use of the website. The user agree that access to and use of the Web and/or the content included in the same place freely and consciously under his sole responsibility. Access to websites and/or the content included therein does not imply any guarantee regarding the suitability of the site and/or its contents or specific end users. GVSIG may establish limitations and/or additional conditions for the use and/or access to websites and/or content, which must be observed by users in any case.

2.3. Authorized use of web and content. The user agrees to make a proper and lawful use of the site and its contents, in accordance with applicable law, the general conditions of use of the web, morality and generally accepted good customs and public order. The user must not: a) Make an unauthorized or fraudulent use of the Web and / or content; b) Access or attempt to access restricted areas of the web, without fulfilling the conditions required for such access; c ) Use the web and / or the content for unlawful purposes or illegal, contrary to the provisions of these general conditions or other special conditions, good faith and public policy, prejudicial to the rights and interests of others, or in any way damage, disable, or overburden the web, image GVSIG business or prevent the normal use or enjoyment of the web, d) causing damage to the physical or logical GVSIG, its suppliers or others; e) Introduce or spreading computer viruses or any other hardware or software could cause damage to the physical or logical GVSIG, its suppliers or third parties, f) Attempting to access, use and / or manipulate data GVSIG , third party suppliers and other users; g) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have obtained the permission of the copyright holder or it is legally permitted; h) Remove, hide or manipulate the legends and information on intellectual property rights or industrial and other data identifying the rights of third parties GVSIG or embedded in content as well as technical protection devices or any other mechanism information that can be inserted into the content; i) Obtain or attempt to obtain the content using means or procedures other than that, as the case may have been made available for this purpose or have been expressly stated on the website where the contents are, in general, which is used on the Internet and do not pose a risk of damage or misuse of the site and / or content.

2.4. Links introduction. Those who wish to establish a hyperlink or link between your website and the website (hereinafter the "link") must meet the following requirements: a) The link will only allow access to the web but can not reproduce it any way; b) Deep links are prohibited, c) Is expressly prohibited practices such as framing, border environment and any other use of content from the web or the company's corporate image for users or third Unauthorized d) No statements or false, inaccurate or incorrect on the Web, e) Shall not express or imply that induce GVSIG has supervised or assumed in any way the contents or services offered or advertised on the web at establishing the link or who attends a non-existent relationship or bonding business, professional or corporate; f) The site where the link is established no trademark, trade name, label, name, logo, slogan or other GVSIG distinctive or belonging to third parties without your permission; g) The Web in establishing the link does not contain information or illegal, contrary to morals and generally accepted good customs and public order, or against any third party rights h) The practice does not affect or may adversely affect the image of GVSIG and its products and services. The establishment of the link does not imply in any case the existence of any relationship between GVSIG and the owner and / or operator of the website on which it is established, nor the knowledge, acceptance or approval by GVSIG of contents and / or services. GVSIG in no event be liable for any consequences arising from the introduction of third-party links, or content, information and / or services offered on the sites where the link is established. The web pages include links to third party websites that are considered to be of interest to users. GVSIG assumes no liability for the connections or content of those links.

2.5. The user agrees not to make advertising, promotional or commercial exploitation through or using the site and its contents, and to not use content or utilities and especially the information obtained from the same to send advertising messages direct marketing purposes or any other commercial purpose or to collect or store personal data of third parties.

2.6. The user agrees to comply with these conditions of access and use with the modifications that might suffer in the future and will be published immediately on the web and embedded in this paragraph and the special conditions resulting from implementation. It also undertakes to meet the special warnings or instructions contained therein or on the web, and always act in good faith and according to law, morals and good habits, using the diligence appropriate to the nature of service enjoyed by refraining from using the web, utilities or content so that it can prevent, impede, damage or impair the operation of the same, the image, property or rights of GVSIG, customers, suppliers or third parties.

2.7. For the present purposes and for any communication that is necessary between GVSIG and user requests, questions, suggestions or complaints, he may contact us by e-mail to the following address gvsig-incidencias@gvsig.com or by writing to the following address : Plaza Juan Villarrasa, nº 14-5, CP 46001 Valencia (Spain). GVSIG communications users will be in the postal or electronic address provided by him to register. Tue user expressly agree that email as a notification channel means and practice applies to all communications related to the web, use, utilities, content and / or acquisition of goods or services.

3. Intellectual property
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3.1. The web application design, development, software, technical documentation, user manuals, texts, images, trademarks and other marks, graphics, logos, buttons, color combinations, graphical representation, structure, selection, arrangement and presentation of content, audio, files, databases and their own content therein are protected by copyright and intellectual property Spanish Law, community and international treaties, forbids the reproduction, distribution, public communication, except for authorized uses . 

3.2. You acknowledge and agree that all rights of intellectual property on the content and / or any other items contained on the web (including without limitation, trademarks, logos, trade names, other distinguishing marks, text, images, graphics, textures , icons, photographs, designs, sounds, databases, menus, software, flow charts, presentation, programming elements, web design, audio and video), belong to GVSIG, suppliers and / or other owners of the same have authorized their inclusion on the web. In any case access to the web imply any waiver, license or transfer all or part of such right or expectation of rights, unless expressly provided otherwise. The general conditions of use of web users do not confer any right to use, modify, use, reproduction, distribution or public communication of the website and / or its contents other than as expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by GVSIG or third owner of the rights affected.

3.3. GVSIG allows users to use, view, print, download and store the site and its contents in a lawful and legitimate, provided it is compatible with the purposes thereof, is made for the sole purpose of obtaining information exclusively for personal and private users –It’s expressly prohibited, inter alia, its commercial use, especially its distribution, public communication, or treated, unless the contents expressly permitted or open source, and for any practice or act of imitation and unfair competition -, maintaining your integrity and not to change or transform  -It´s expressly prohibited, among other things, graphics, logos, icons or images available on the web are used, copied or distributed separately from the text or images that accompany it-, and in any case, if the source is indicated and / or their author and, where appropriate, display the copyright symbol and / or notes of industrial property owners. It is prohibited the unauthorized use of such elements, the unauthorized  reproduction, communication and / or distribution for commercial or profit, and its unauthorized amendment, alteration or decompilation. For any other use except as expressly permitted, you must obtain prior written consent of the owner of the rights concerned.

3.4. The unauthorized use of the information contained on the web, resale, and any breach of intellectual property rights or industrial GVSIG or image in the market demand will lead to legal liabilities that come before agencies and courts national or international.


4. Use of cookies
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4.1. GVSIG reserves the right to use "cookies" or similar file on any use of the site, in order to make your navigation and use of their options by the user is most comfortable and easy access from your device. You agree that GVSIG or its service providers may use cookies when you surf the web. The user can configure your browser to notify and reject the installation of cookies sent by them, without affecting the ability of the user to access content that does not require identification.

5. Security
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5.1. GVSIG, aware of the risks posed to face the new challenges of service delivery or use of applications or communication tools through communication networks, especially the Internet, has ordered stringent security measures to reduce those risks. However, GVSIG can not guarantee the invulnerability of its security systems, so that excludes all liability for damages of any kind and nature which may be due to the presence of viruses or other elements that may alter the system (software and hardware), terminals, electronic documents and user files or any third party.

5.2. The user is informed that the use of electronic data transmission, electronic mail and messaging via mobile technology platforms do not offer absolute guarantees of safety. GVSIG and each user will be exempt from any liability arising from events such as non-receipt or delay the same, the error or the interception of communications.

5.3. Access to the application and associated tools like not consented to use made of the information and contents thereof are the sole responsibility of the user. GVSIG not responsible for any consequence or damage that may result from such access or use.

6. Exclusion of warranties and liability
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6.1. Disclaimer of warranties and liability for the operation of the web and information services requested. GVSIG not guarantee the availability and continued operation of the website or those of other web sites which have established a link. Also GVSIG shall in no way responsible for any damages that may arise, without limitation that not limited to) the lack of availability or accessibility or those other web sites that link has been established; b) The interruption in the operation of the website or computer failures, telephone breakdowns, disconnections, delays or blocks caused by deficiencies or overloads of telephone lines, Internet system or other electronic systems produced in the course of its operation; c) The lack of suitability of the site for the specific needs of users; d) Other damage may be caused by third parties or unauthorized intrusions inferences beyond the control of GVSIG e) The failure to provide the service or allow access and use for reasons not attributable to GVSIG, due to the user, third, or force majeure; f) The lack of updating of its contents and differences of information, documentation and web content, its appearance , plotting and visualization with the printed version.

To reduce the risk of viruses on the web, GVSIG use virus detection software to monitor all content that you enter on the web. However, GVSIG not guarantee the absence of viruses or other items on the website introduced by outsiders GVSIG that may cause alterations in the physical or logical users or electronic documents and files stored on their systems. Consequently, GVSIG shall in no way responsible for any damages of any kind that may arise from the presence of viruses or other elements that may alter the physical or logical systems, electronic documents or files from users.

GVSIG takes various security measures to protect the site and the contents against attacks by third parties. However, GVSIG not guarantee that unauthorized parties can not access the type of use of the web that makes the user or the conditions, characteristics and circumstances in which such use. Accordingly, the GVSIG shall in no way responsible for any damages that may result from such unauthorized access.

GVSIG not be liable for the malfunction of the system if it is due to maintenance work the same, incidents involving operators to overload the system is not attributable to GVSIG, a faulty configuration of the user equipment or an insufficient capacity to support the computer systems required to make use of the service. GVSIG not be liable for errors and / or damages arising from the incompatibility of services with other services or programs with which it is not specifically interoperable.

GVSIG is not responsible for the failures that occur in communications and networks, does not guarantee the availability and continuity of the application, associated tools and services, so GVSIG not guarantee the absence of errors or interruptions in access to the application , associated tools, their utility or its contents, or that this is continuously updated. GVSIG take place, provided that they are responsible and no causes that make it impossible or difficult to execute, as soon becomes aware of any errors, disconnections or lack of updating, all efforts aimed at correcting the errors, restore communication and update the tool.

6.2. Exclusion of guarantees and liability for the use of web applications and / or related services. GVSIG not control, generally, the use made by users of websites and applications. GVSIG not guarantee or be responsible for any use that users and / or third parties Site, its content, applications or services, or for any damages arising therefrom.

6.3. Exclusion of guarantees and liability for the content. GVSIG not edit the contents of third published on the website, therefore, does not guarantee or take responsibility for the legality, reliability, usability, reliability, accuracy, completeness or timeliness of such content. GVSIG shall in no way responsible for any damages that might result from a) The lack of legality, reliability, usability, reliability, accuracy, completeness, or timeliness of the content generated by third parties; b) The inadequate for any purpose and fulfillment of expectations generated by the content, c) decisions or actions taken or avoided by you in reliance on information or data provided or provided in the content, including without limitation loss of profits or business opportunities.


6.4. Exclusion of guarantees and responsibility for the links. The website offers users technical link devices that allow users to access pages and / or sites belonging to or managed by third parties. GVSIG checks the contents of those sites at the time it establishes a link to them and does so in the good faith belief that such contents comply with applicable law. However, in no event be liable GVSIG, approve nor endorse products, services, content, information, data, files and any kind of material on such websites and does not control or take responsibility, approve or own subsequent modifications of such materials. In the event that it deems appropriate or is required by court or administrative order, GVSIG remove links to those websites that violate applicable law and / or adversely affects the rights of others.

6.5. GVSIG disclaims all liability for damages of any kind and nature which may arise from the lack of availability or continued uninterrupted operation of the service due to causes beyond its control, loss of profit or expected utility or GVSIG Users have been attributed to the utilities or services, or the fallibility of all this. GVSIG not be responsible under any circumstances for any special or indirect damages or any damages whatsoever arising from loss of use, data or profits, or legal action in contract, negligence or otherwise, arising from or related with the use, performance or information available on the web.

7. Actions for breach
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7.1. GVSIG reserves the right to take whatever actions he will attend according to the law applicable in each case to require time and the responsibilities arising from breach of any provision of these Terms of Use Site and / or related services a user.
 
8. Integrity
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8.1. The declaration of any of these general conditions of access and use as null, void or ineffective shall not affect the validity or enforceability of the remainder, which will remain binding between the parties. The waiver by either party to demand at any given time the performance of any of the conditions set forth here does not imply a general waiver to the fulfillment of another condition or conditions, nor create a vested right to the other party.

9. Applicable law and jurisdiction
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9.1. The general conditions of access and use of the site shall be governed and construed in accordance with the laws of Spain. For the resolution of any dispute arising from access and use of the web, renouncing any other jurisdiction that may correspond, user and GVSIG expressly submit to the Courts and Tribunals of the city of Valencia (Spain).

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