I. INFORMATION ABOUT THE INFORMATION SOCIETY SERVICE PROVIDER

The Internet Website «www.elzaburu.com» (the “Website” or the »Web») is owned and managed by ELZABURU, SLP, whose data, for the purposes of compliance with the obligations contained in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce ("LSSI"), are the following:

Company name: ELZABURU, SLP

Registered office: Torre de Cristal Building. P.º de la Castellana, 259C. 28046 Madrid

Registration data in the Commercial Registry of Madrid, Volume 16120, Folio 159 and Sheet M-51598

Tax identification code number: B80181662

Email address:  elzaburu@elzaburu.es

II. GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF OUR WEBSITE.

These General Conditions regulate the use of the Website that ELZABURU, SLP makes available to you as a user.

User

The use of this Website attributes to you the status of user thereof and expresses your full and unreserved acceptance of each and every one of the General Conditions published by ELZABURU, SLP at the very moment you access the Website, without prejudice to the acceptance of the particular conditions that may apply. If the User does not understand and/or does not accept all or part of the Terms and Conditions, they must cease using this Website. Any use other than that authorized is expressly prohibited, and is ELZABURU, SLP. empowered to deny or withdraw access and use of the Website, at any time, and without prior notice, to those users who fail to comply with these general conditions or the particular conditions that, where applicable, are applicable.

Given the especially sensitive and strategic nature of the information accessible through the User Area (“ELZACLOUD”), ELZABURU, SLP informs you that it has implemented security measures consisting of data encryption.

1 Modifications

ELZABURU, SLP. reserves the right to unilaterally modify these conditions at any time and without prior notice. In these cases, it will be published and notified as far in advance as possible. Likewise, it reserves the right to modify, unilaterally, at any time and without prior notice, the presentation (including the "look-and-feel"), configuration and location of the Website, as well as the contents of the Website.

In their own interest, each time they access the Website, the User must check the version of the Terms and Conditions that is published (said version is identified with a number indicated in the header) and, if applicable, carefully read those. changes that have been introduced with respect to the last version known by the User.

2. Information offered through the Web: access and use.

Through this website, ELZABURU, SLP Provides information about the company and its services. The data contained on the Website is provided to the User for informational purposes only and in no case can it be considered as a binding offer of ELZABURU, SLP for the performance of any service.

Access and use of the Website is free of charge for users and does not require prior user registration in general. However, access and use of certain information and services offered through the Website can only be done after user registration.

ELZABURU, SLP reserves the right to restrict, suspend, prohibit or terminate at any time access and/or use, to all or part of the Website and to all or certain users, without prior notice being necessary on the part of ELZABURU, SLP. In particular, but without limitation, ELZABURU, SLP may temporarily suspend the services and contents of the Website to carry out maintenance, improvement or repair operations.

The User declares to know and accept this fact and, consequently, waives any claim against ELZABURU, SLP any damage or loss that may be caused for this reason.

Those Users who wish to establish a hyperlink, link or link between their website and the Website (the "Link") must obtain prior authorization from ELZABURU, SLP, by submitting a request to the following email address elzaburu@elzaburu.es.

Any third party link to this Website must be to its home page. The User will respond to ELZABURU, SLP, or against third parties, for any damages that may be caused as a result of non-compliance with said obligations.

3. Restrictions on use

When you access our website you are expressly authorized to view all public information contained on the page. Consequently, the User undertakes not to make use of any of the information or data, of any nature and format, and/or any of the services that may be offered on the Website at any time (the "Contents") of the following way:

1. You are not authorized to reproduce or copy, distribute, modify, assign or publicly communicate the information contained on the Website, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.

2. You are not authorized to use the information contained on the Website for direct sales purposes or for any other type of commercial purpose, send unsolicited messages aimed at a plurality of people regardless of their purpose, as well as market in any way. such information.

3. You are not authorized to delete, evade, manipulate the data identifying the rights of ELZABURU, SLP. or their incorporated owners (without limitation, copyright symbols, watermarks or similar measures), as well as technical protection devices, fingerprints or any other protection mechanisms.

4. You are not authorized to disassemble, decompile or reverse the databases in which the information on the Website is stored.

5. You are not authorized to carry out practices or acts of "spamming" in the use or as a consequence of the use of the Website or the information and services for sales or other commercial purposes, to a plurality of people without mediation. your prior request or consent, nor any other unsolicited or previously consented messages to a plurality of people, and not to send chains of unsolicited or previously consented electronic messages, nor use distribution lists that can be accessed through the Web.

6. You may not carry out activities that may be considered illegal, immoral or contrary to public order. These non-permitted activities include, but are not limited to, the following:

(a) Sending offensive, libelous or threatening communications;

(b) Illicit access to third party computer systems;

(c) Dissemination of computer viruses or software intended to cause damage to data or computer systems or to violate the privacy of third parties or to illegally overcome security and/or protection systems;

(d) Access to and/or dissemination of child pornography;

(e) Apology of terrorism;

(f) Access to and/or dissemination of content of a racist or xenophobic nature.

7. You will not use the Content or features included on the Website to carry out activities that may harm the image of ELZABURU, SLP 

4. Industrial and Intellectual Property Rights. Ownership of the contents.

The creations and works offered on the Web (among others, but without limitation, texts, photographs, graphics, images, icons, technology, computer programs, Web pages, links, sound and audiovisual content, their graphic design and source codes, as well as any trademarks, domain names and other distinctive signs and, in general, any type of work, creation or expression – or a combination of these – included on the Website or used to identify it or to identify parts of it) (in hereinafter, the "Protected Elements") are subject to intellectual and/or industrial property rights of which it is the owner. ELZABURU, SLP Said company is responsible for the exclusive exercise of the exploitation rights of the aforementioned intellectual property, in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. ELZABURU, SLP does not transfer in whole or in part, nor does it grant any license or authorization to users regarding intellectual or industrial property rights or in any other way related to the Website.

Likewise, ELZABURU, SLP guarantees that the contents, including intellectual property, are not illegal or infringe current regulations. Consequently, the contents of the Website will not be xenophobic, pornographic, discriminatory, racist or that in any way promotes violence. Besides, ELZABURU, SLP will adopt the legal measures it deems appropriate to prevent any type of conduct contrary to the Law or morality.

Through these Terms and Conditions, ELZABURU, SLP only authorizes the User to view, download and print the Protected Elements owned by ELZABURU, SLP, as long as the User uses them for exclusively personal use, agreeing not to carry out, directly or indirectly, any commercial exploitation of them or use them for any purpose that is not expressly provided for in these Terms and Conditions.

The use by the User of those Protected Elements owned by third parties (including, without limitation, the brands or distinctive signs of third parties) will be subject to those conditions that, where appropriate, said third parties may establish and that the User is obliged to know.

Any violation of the provisions of this section will be considered an infringement of the intellectual property rights owned by ELZABURU, SLP, giving rise to the legally established responsibilities for this purpose and said action may be pursued through administrative, civil or criminal actions, which may apply.

5. Legality and Correctness of the Contents included on the Website

Although ELZABURU, SLP makes its best efforts to ensure that the Contents of the Website are correct and up to date, ELZABURU, SLP does not guarantee nor is it responsible for any inaccuracy and/or lack of correctness and/or lack of updating thereof.

The responsibility of ELZABURU, SLP Regarding the content and information offered by Internet sites to which hyperlinks included on the Web direct, as well as those Contents from or coming from third parties that are hosted on the Web, it will be governed by the provisions of articles 16 and 17 of the Law. of Information Society Services, Law 34/2002.

ELZABURU, SLP is not responsible nor does it guarantee that access to the Contents and other parts of the Website is legal from outside Spain. Access to the Website from a country other than Spain must be carried out in accordance with the regulations applicable in the territory from which the User accesses the Website.

6. Exclusion of guarantees and responsibilities

Regarding the exclusion of guarantees and responsibilities, ELZABURU, SLP will not be liable for:

 1. ELZABURU, SLP will only be liable for its own services and content directly originated by it and conveniently identified as industrial and intellectual property of ELZABURU, SLP

 2. ELZABURU, SLP will not be responsible for:

I.- Damages and losses - of any nature - that may arise from the provision or offer of products or services by third parties or entities through the Website, and in particular from:

a.non-compliance with the Law, morality and good customs, as well as public order, or the use of products and/or services offered in a non-diligent or incorrect manner, or for purposes or effects that are illicit or contrary to what is established in these general conditions or in the applicable conditions that may be applicable.

b.infringement of industrial and intellectual property rights.

c.violation of professional secrecy.

d. the infringement of the rights to honour, personal and family privacy and the image of people, and those related to the protection of children and youth.

e.the carrying out of acts of unfair competition.

f. carrying out illicit advertising or acts constituting a crime or of a pornographic nature.

g.the illegality or lack of truthfulness, accuracy, reliability, relevance, timeliness and completeness of the contents and information transmitted or made available to users, including the information and services provided by third parties or by users through the Website.

h.non-compliance or defective compliance or termination for any reason of the contracts made with third parties for the provision of services through the Website.

i.the incapacity of any User or the impersonation of a third party carried out by the User.

II.- ELZABURU, SLP  will not be responsible in the event that the information included on the Website by any users offends others, insults them, damages their right to honor or privacy or harms them in any other way, since in accordance with the provisions of the Terms and Conditions, Web users are obliged not to enter information that may be considered illegal, immoral or contrary to public order.

III.- ELZABURU, SLP will not be responsible for any damages that may arise from the knowledge that unauthorized third parties may have of the type, conditions, characteristics and circumstances of access and use that users make of the Website and the information and services, as well as non-compliance. by users of their obligations in relation to personal data.

IV.- ELZABURU, SLP will not be responsible for damages of any nature that may be due to the existence of errors in the access or use of the website, as well as in the access or use of its services or content, even if it undertakes to avoid them, update it. or correct said content. That is, liability is excluded for the lack of availability or continuity of the operation of the Website and the services, as well as for failures in access to the different Websites or those from which the services are provided.

V.- ELZABURU, SLP. will not be responsible for damages of any kind that may be due to the information contained on its website, to which this website may send hypertextual links or "links". The purpose of the "links" that appear on the page is purely informative, and ELZABURU, SLP is not responsible in any case for the result that you intend to obtain by accessing the aforementioned "links". Consequently, ELZABURU, SLP will not be responsible for:

the availability, accessibility and operation or continuity of the linked sites.

the quality, legality, reliability, usefulness, veracity, validity, completeness and/or authenticity of the content existing on the linked sites.

of the maintenance, provision or transmission of the contents existing on the linked sites.

SAW.- ELZABURU, SLP. will not be responsible for damages of any kind that may be due to the existence of viruses in the computer system, electronic documents or files of users. Likewise, due to the presence of viruses in the services provided by third parties through the Web, causing alterations in the computer system, electronic documents or files of the users.

VII.- ELZABURU, SLP will not be liable, under any circumstances, including negligence, for loss of business, loss of use, loss of profits, loss of data, for indirect, secondary, special or consequential damages resulting from Users' access to or use of the Web.

VIII.- The User exempts ELZABURU, SLP of any liability that may arise as a result of non-compliance with the provisions of these Terms and Conditions, especially but without limitation, the Limitations on the Use of the Website regulated therein.

7. Applicable law and jurisdiction

The provision of the Website service and these General Conditions of Use of the Website are governed by Spanish law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction that may apply to them, agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid.

8. Specific Conditions of the IP & IT Sensor Service

8.1. ELZABURU provides its clients and users with the free IP & IT Sensor service that allows them to know, in a general way, the degree of maturity of a company or business in the protection of Industrial and Intellectual Property rights and the management of its intangible assets.
This service is not aimed at minors, so if the user is under 18 years of age they must refrain from using it.
In addition to the Specific Conditions of the Service specified in this section 8, the rest of the sections of this Legal Notice are equally applicable to the IP & IT Sensor Service.
8.2. The IP & IT Sensor Service includes carrying out a self-assessment through a brief questionnaire, its on-screen result, sending it by e-mail, as well as, if requested, sending by e-mail a brief document relating to the positioning of your company in terms of IP & IT in relation to the sector where it carries out its activity and, in any case, make the appropriate follow-up on the service provided and the result obtained from the Sensor.
Regarding any other service or attention required by the client/user outside of the actions specified in the previous paragraph, ELZABURU reserves the right to make them the subject of a timely prior budget.
8.3. The IP & IT Sensor Service does not constitute any type of advice, audit or legal validation, it is based on an estimate obtained from basic and general information provided by the client/user to know their level of maturity in relation to intangible assets. of your company. If the client would like a more detailed or specific study, evaluation, analysis or advice, they can contact ELZABURU expressly for this purpose, which is outside the free IP & IT Sensor Service.