LEGAL NOTICE AND POLITICS OF PRIVACY

The Service (as it is defined hereinafter) is property of MAM OBJECTS, S.L. (In forward MAM OBJECTS) with head office on Technological Park, Building 207-B, It Plants-2, 48160, Derio (Biscay) Spain and CI F n º B - 95631107. MAM OBJECTS welcomes and invites you to read attentivly the General Conditions of Use of the Service (in forward " General Conditions of Use ") in which are describe the terms and conditions which will be applicable to the web browsing for itself, conformity with the established in the Spanish regulation of application.

 

1. INTRODUCTION

If you make an inscription or somehow the service as well as the web sites and applications are used including the applications of MAM's software OBJECTS (collectivly, the "Service") or on having acceded to any content or material that MAM OBJECTS publishes through the Service (the "Content"), there is an acceptance of the conditions established in the present document.

2. OBJECT

MAM OBJECTS supplies the content and the services that are available in the Service, with subordination to the present General Conditions of Use as well as the politics on the processing of personal information (in forward " Politics on Protection of Information "). The access to this Service or its use in any form grants the User's qualification to him and implies the acceptance without reservations of each and every of the present Conditions of Use, saving MAM OBJECTS the right to modify them at any time. In consequence, it will be a responsibility of every User the attentive reading of the General Conditions in each of the occasions that accedes to this Service. If there is any disagreement it is a must to abstain regarding to the use of the Service. Likewise, it is warned of the fact that, in particular conditions will be able to be established for the utilization in the Service of contents and / or specific services will involve the approval of the particular conditions in them specified.

3. SERVICES

MAM OBJECTS through the Website offers to the Users the option to access to: http: // www.motojiro.com

4. PRIVACY AND DATA PROCESSING

Even though for the access of certain contents or services provided in the Service; it is necessary to facilitate personal information. The Users will guarantee its veracity, accuracy, genuineness and force. MAM OBJECTS will give to the above mentioned information automated treatment that corresponds depending on his nature or purpose, in the terms indicated in the Section of Protection politics of Information.

5. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User recognizes and accepts that all the contents that appear in the Service and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any of the signs capable of industrial and / or commercial utilization are subject to intellectual property’s rights. All the brands, trade names or distinctive signs, all the rights of intellectual and industrial property, on the contents and / or any other elements inserted in the page, are exclusive property of MAM OBJECTS. Also there are third parties, who have exclusive right to use them in the economic traffic. For all this the User compromises to not reproduce, to copy, to distribute, to make available or any other way of reporting publicly, transforming or modifying such contents keeping unharmed MAM OBJECTS of any claim that stems from the breach of such obligations. In no case the access to the Service involves no type of resignation, transmission, license or total transfer not partially of the above mentioned rights, except that the opposite is established expressly. The present General Conditions of Use do not award the User any other type of right of utilization, exploitation, alteration, reproduction, distribution or public communication of the Service and / or of his contents different from here expressly foreseen. Any other use or exploitation of anyone of the rights to be á subject to the previous and express authorization specifically granted to such a effect by MAM OBJECTS or the titular third party of the affected rights. The contents, texts, photographies, designs, logos, images, programs of computer, source codes and, in general, any intellectual existing creation in the Service, as well as the own site in his set, as artistic work multimedia are protected by the legislation for intellectual property. MAM OBJECTS is a holder of the elements that integrate the graphical design of the Service, menus, buttons of navigation, the HTML code, the texts, images, textures, graphs and any other content of the Service. In any case it will be necessary the authorization for the utilization of the above mentioned elements. The content will not be able to be reproduced or transmitted, only just in case that it will approved once it is written with the entity authorization. Likewise it can only prohibited to suppress, to elude or to manipulate the "copyright" as well as the technical devices of protection, or any mechanisms of information that will be able to contain the contents. The User of the Service compromises to respect the enunciated rights and to avoid any action that could harm them. MAM OBJECTS saves the exercise of all the means or legal actions which correspond to its own defense of his legitimate rights of intellectual and industrial property.

6. OBLIGATIONS AND RESPONSIBILITIES OF THE USER

The User compromises himself to:

a) To do a suitable and lawful use of the Service as well as of the contents, of conformity with:

 

(I) the applicable legislation in every moment.

(II) the General Conditions of the Service

(III)The mulberry tree and good generally accepted customs

(IV) The public order.

 

b) To be provided with all the means and technical requirements that are needed to accede to the Service.

c) To facilitate veracious information on having completed with personal information in the forms contained in Service, keep updated at all time in order to answer, in every moment, to the Users situation. The User will be the only one responsible for the false or inaccurate manifestations that realizes as well of the prejudices that it may cause to MAM OBJECTS or to the third parties involve due to the information provided.

 

Nevertheless, the User as it is established in the previous paragraph will have to abstain likewise of:

 

a) Not to make any unauthorized or fraudulent use of the Service and / or of the contents with illicit effects prohibited in the present General Conditions of Use. Harmful of the rights and interests of third parties, or of any form in where could damage, render useless, overload, spoil or prevent the normal utilization of the services or the documents, files and all kinds of contents stored in any IT equipment

b) To agree not to access to resources or areas restricted of the Service, without fulfilling the conditions demanded for the above mentioned access.

c) To provoke harms in the physical or logical systems of the Service, of its suppliers or of third parties.

d) To introduce or to spread in the network IT virus or any other physical or logical systems that are capable of provoking hurts in MAM's systems, of his suppliers or of third parties.

e) Try to accede, to use and / or to manipulate the information of MAM OBJECTS.

f) To reproduce or to copy, to distribute, to allow the access of the public through any modality of public communication, to transform or to modify the contents, until one possesses the authorization of the holder of the right or it turns out to be legally allowed.

g) To suppress, to conceal or to manipulate the notes on rights of intellectual or industrial property and other information identifiers of MAM's rights OBJECTS or of third parties incorporated into the contents, as well as the technical devices of protection or any mechanisms of information that could be inserted in the contents.

h) To obtain and to try to obtain the contents from the Websites which could cause a damage or risk of the Service.

Especially, and to merely indicative, the User compromises not to transmit, to spread or at the disposal of third information, information, contents, messages, graphs, drawings, files of sound and / or image, photographies, recordings, software and, in general, any class of material that:

 

(I) Of any form be opposition, despise or commit an outrage against the fundamental rights and the public recognized constitutionally freedoms, in the International Agreements and in the rest of the in force legislation.

(II) Induces, incite or promote criminal actions, denigrators, slanderous, violent or, in general, you contradict to the law, to the morality, to the good generally accepted customs or to the public order.

(III) Induce, incite or promote actions, attitudes or discriminatory thoughts because of sex, race, religion, beliefs, age or condition.

(IV) Incorporate, put to disposition or allow to accede to products, elements, messages and / or criminal, violent, offensive, harmful, degrading services or, in general, opposite to the law, to the morality and to the good generally accepted customs or to the public order.

(V) Induce or could induce to an unacceptable condition of anxiety or dread.

(VI) Induce or incite to interfere in dangerous practices, of risk or harmful to the health and the psychic balance.

(VII) It is protected by the legislation as for intellectual protection or manufacturer belonging to MAM OBJECTS or to third parties without the authorization of use that is tried to realize.

(VIII) It is the opposite to the honor, to the personal and familiar intimacy or to the own image of the persons. 

(IX) Constitutes any type of advertising.

(X) Include any type of virus or program that prevents the normal functioning of the Web.

In order to access to the Service, a password was provided, it binds to use it in a diligent way, supporting it at all time privately. In consequence, it will be responsible for its suitable custody and confidentiality, promising not to yield to third parties, of a temporary or permanent way, nor to allow the access to the mentioned services and / or contents on the part of foreign persons. Equally, it binds to notify to MAM OBJECTS any fact that could suppose an undue use of the password, since, the theft, deviation or the not authorized access, in order to proceed to the immediate cancellation.

In consequence, while it does not effect the previous notification, MAM OBJECTS will remain exempted from any responsibility that could stem from the undue use of the password, being of its responsibility any illicit utilization of the contents and / or Service for any illegitimate third party.

If in a neglectful or fraudulent way it was breaking any of the obligations established in the present General Conditions of Use, it will answer for all the harms and prejudices from the above mentioned breach which should stem for MAM OBJECTS.

. 7. RESPONSIBILITIES

It guarantees neither the continued access, nor the correct visualization, unload or usefulness of the elements and contained information in MAM's Service OBJECTS, which they can turns prevented, impeded or interrupted by factors or circumstances that are out of his control. MAM OBJECTS is not responsible for the decisions that could be adopted as consequence of the access to the contents or offered information. MAM OBJECTS will be able to interrupt the service or to solve in an immediate way the relation with the User if it detects a use of his Service or of any of the services offered opposite to the present General Conditions of Use. MAM OBJECTS does not get in charge of hurts, prejudices, losses, claims or expenses derived from the use of the Service. Only of eliminating, as soon as possible, the contents that could generate such prejudices, providing its notification. Especially it will not be responsible for the prejudices that could stem, between others, of:

(I) Interferences, interruptions, failures, omissions, telephonic breakdowns, delays, blockades or desconexiones in the functioning of the electronic system, motivated by deficiencies, overloads and mistakes in the lines and networks of telecommunications, or for any other reason foreign to MAM's control OBJECTS. 

(II) The illegitimate Interferences by means of the use of malignant programs of any type and through any way of communication, such as virus IT or any others.

(III) Undue or inadequate abuse of the Service.

(IV) Safety mistakes or navigation produced by an evil functioning or for the use of versions not updated. The administrators of MAM OBJECTS save themselves the right to withdraw, total or partially, any content or present information in the Service.

 

MAM OBJECTS excludes any responsibility for the hurts and prejudices of any nature that could owe to the bad utilization of the Service. Likewise, MAM OBJECTS remains freed from any responsibility for the content and information that could be received as consequence of the forms of withdrawal of information, being the same only for the presentation of the services of consultations and doubts. On the other hand, in case of causing hurts and prejudices for an illicit or incorrect use of the Service, the user will be able to claimed to MAM OBJECTS of the hurts or prejudices caused.

MAM OBJECTS does not take responsibility in case of theft or hurts in the vehicle associated with the Service. Neither in any case of the process of recovery of a stolen vehicle. In the same way, MAM OBJECTS, in any case, is responsible for the hurts that the User and / or the vehicle could suffer as consequence of an accident.

Neither MAM OBJECTS nor his suppliers or distributors offer specific guarantees on the Service different to the established ones of express form in these conditions or in the additional conditions. For example, MAM OBJECTS offers no guarantee in relation with the availability of the Service, his specific functions, neither his reliability nor his aptitude to satisfy your needs. The Service offers "as is”.

Some jurisdictions establish certain guarantees, as the implicit guarantee of merchantability , of suitability for a concrete end and of not breach. In the measure in which the law allows it, MAM OBJECTS excludes all the guarantees. On having used networks and services of communication of third parties, MAM OBJECTS cannot become a person in charge of the availability not of the quality of the Service, which they will be subject to the conditions that impose the networks of the operator of communications or corresponding suppliers of connectivity. Uses of the system and breach of the conditions of the Service on the part of the User will be, motives for the suspension and, the fall in the Service without need of previous notice.

The User accepts that, in the measure that it allows the in force law, his only and exclusive solution in case of problems or dissatisfaction with the Service is uninstall the software and to stop using the service. Though MAM OBJECTS does not assume any responsibility for the applications of third parties or the content of these, and though his relation with the above mentioned applications of third parties could be governed by independent contracts celebrated with these third parties, in the measure that it allows in force law, his only solution concerned before any problem or dissatisfaction with the applications of third parties or his content is uninstall and to stop using the above mentioned applications. In the measure that it allows the force law, in no case MAM OBJECTS, his authorities, shareholders, employees, agents, the directors, feeder industries, subsidiaries or licensors will make responsible for 

(1) any consequential, special, incidental, punitive, exemplary or consequent damage

(2) for the loss of use, information, business or earnings (direct or indirect) that, in all the cases, are proved to use or not to be able to use the Service, the applications of third parties, or the content of the applications of third parties, independently of the legal frame, without mattering that MAM OBJECTS has warned the possibility of the above mentioned hurts, and even if a possible solution does not expire with his essential end.

(3) The set of responsibilities for all relative to MAM's service OBJECTS, applications of third parties or to the content of the claims applications of third parties beyond the amounts that have paid to him MAM OBJECTS, in the measure that it allows the law.

You will defend, will indemnify and support MAM unharmed OBJECTS to any hurts and prejudices that stem from claims, actions or demands of third parties as consequence of his access or use of the Service. Likewise, you bind to indemnify MAM OBJECTS in case of any hurts and prejudices, which stem from the use for your part from "robots", "spiders", "crawlers" or similar tools used in order to obtain information or to extract or of any other action for your part that imposes an unreasonable load on the functioning of the Service.

8. HYPERLINKS

The user binds not to reproduce in any way, not at least by means of a hyperlink MAM's Service OBJECTS, as well as any of his contents, except express authorization and in writing of MAM OBJECTS. MAM's Service OBJECTS includes connect to others web sites managed by third parties. Collaborators facilitate the access of the User to the information of companies and / or sponsoring. According to MAM OBJECTS neither takes responsibility of the content of the above mentioned web sites, nor places in a guarantor's position not / or of part bidder of the services and / or information that could offer to third parties through the third parties links.

There is granted to the user a limited, revocable and not exclusive right to create links to the principal page of Service exclusively for private and not commercial use. The web sites that include link to our Service (i) will not be able to give to understand that MAM OBJECTS recommends this web site or his services or products; (ii) will be able neither to falsify his relation with MAM OBJECTS nor to affirm that MAM OBJECTS has authorized such a link, nor to include brands, names, trade names, logos or other MAM's distinctive signs OBJECTS; (iii)it will not be able to include contents that could consider of badly taste, obscene, offensive, controversial, that they should incite to violence or the discrimination because of sex, race or religion, confront to the public order or illicit; (iv) will not be able to connect to any page of the Service different from the principal page; (v) will have to connect with the own route of the Service, without allowing that the Service that realizes the link should reproduce the Service as part of his Web or inside one of his "frames" or to create a "browser" on any of the pages of the Service. MAM OBJECTS will be able to request, at any time, that eliminates any link to the Service, after which having to to proceeding at once to his elimination. MAM OBJECTS cannot control the information, contents, products or services facilitated by other web sites that have established links with destination to the Service. In consequence, MAM OBJECTS does not assume any type of responsibility for any aspect relative to such web sites.

9. PROTECTION OF INFORMATION

In order to use the Service, the Users must provide before certain personal information. For it, MAM OBJECTS will treat the Personal Information in fulfillment with the Law 15/1999 of December 13 of Protection of Information of Personal Character and the RD of development 1720/2007. For it, the User can access to the politics followed in the treatment of the personal information as well as the establishment of the purposes established before, to arranged in the conditions defined in the Protection politics of Information [LINK] that presents the web site.

10. COOKIES

MAM OBJECTS saves himself the right to use the technology "cookie" in the Service, in order to recognize it as frequent User and to personalize the use that is realized of the same one by means of the preselection of his language, or more wished or specific contents. The used "cookies", or the third party that acts in his name, associate only with an anonymous user and a computer, and do not provide the personal information of the user. The cookies are files sent to a web to register the navigation of the User in the Service, when the User allows his receipt.

However, it will be able to eliminate the "cookies" for which will have to consult the instructions of use. Thanks to the cookies, it turns out possible that MAM OBJECTS is recognized the computer used by the User with the purpose of facilitating contents and of offering the preferences of navigation or advertising the User. To the demographic profiles of the Users as well as to measure the visits and parameters of the traffic and to control the progress and number of income.

11. DURATION AND COMPLETION

The service has, at first, an indefinite duration. Nevertheless, MAM OBJECTS will be able to give for finished or to suspend the Service.

MAM OBJECTS will announce the completion or suspension of the service. If the User or MAM OBJECTS rescind the Service, or if MAM OBJECTS suspends his access to the Service, it is accepted that MAM OBJECTS will not be responsible before and it will not have to restore any amount that the user have paid, in the measure that it allows the force law.

12. DECLARATIONS AND YOU WERE GUARANTEEING

In general, the contents offered in the Service have merely informative character. Consequently, on having offered them, MAM OBJECTS grants neither guarantee nor any declaration in relation with the same ones, you were guaranteeing of legality, reliability, usefulness, veracity, accuracy, or merchantability, except in the measure in which by law such declarations and guarantees could not be excluded. Neither in the cases allowed by the law, nor MAM OBJECTS nor his suppliers or distributors will be responsible neither for the loss of benefits, income, information, financial losses nor for consequential, special, derivative, exemplary or punitive damages.

In the measure in which the law allows it, MAM's total responsibility OBJECTS, as well as his suppliers and distributors, for any claim realized under these conditions, included by any implicit guarantee, it limits itself to the amount that you have paid for using the Service. Neither in no case, nor MAM OBJECTS nor his suppliers and distributors they will be responsible for any loss or hurt that they are not predictable of reasonable form.

13. MAJOR FORCE

MAM OBJECTS will not be responsible in case of inability the Service, if this one owes to long interruptions of the electrical supply, lines of telecommunications, social conflicts, strikes, revolt, explosions, floods, acts and omissions of the Government, and in general all the suppositions of major force or of act of God.

14. RESOLUTION OF CONTROVERSIES. APPLICABLE LAW AND JURISDICTION

The present General Conditions, as well as the use of the Service, will be ruled by the Spanish legislation. Any controversy will be solved in the courts of Bilbao. In the supposition from which any stipulation of the present General Conditions was ensuing inexigible or void by virtue of the applicable legislation or as consequence of a judicial resolution or nullity. In the above mentioned cases, MAM OBJECTS will proceed to the modification or substitution of the stipulation for other one that is valid and exigible and that, as far as possible, obtains the aim and pretension reflected in the original stipulation.