Legal disclaimer

January 17, 2011

1. Legal information and acceptation

These dispositions regulate the use of the Internet Portal (“the Portal”) that MAT CACHET, S.L. (“MAT CACHET”) makes available to every Internet user.

The access to the Portal is free, except for some specific services that are exclusive for people previously registered and that have restricted access. Consulting and Training services offered by MAT CACHET at a general basis would have its price indicated in the related commercial proposal, and they are never offered or given through the Portal.

The use of the Portal confers the condition of Portal User (“the User”) and implies the acceptation of all the conditions included in this Legal Disclaimer. The User should read thoroughly this Legal Disclaimer in every occasion that he intends to utilize the Portal, since it or its use conditions regulated by this Legal Disclaimer could have changes.

Some services of the Portal, accessible for every Internet user or exclusive for registered people, might bear particular conditions, regulations and instructions that could replace, complete and/or modify this Legal Disclaimer, and must be accepted by the User before the beginning of the corresponding service.

2. Intellectual and industrial Property

MAT (Metamodel for Transformational Analysis) is protected, both in its design and content, by prevailing laws on industrial and intellectual property, being its creator and only owner Ms. Preciada Azancot.

MAT CACHET has a non-exclusive right to use MAT, conceded by its creator and owner.

Every content of the Portal, including non-exhaustively texts, photographs, graphs, images, icons, technology, software, links and other audiovisual or sound contents, and also its graphic design and source code (“the Contents”), is a intellectual property of Preciada Azancot, MAT creator and owner, MAT CACHET or third parties. No rights of exploitation whatsoever can be understood to be granted to the User beyond the strictly needed for the correct use of the Portal.

Trade marks, commercial names or distinctive signs are a property of Preciada Azancot, MAT CACHET or third parties; access to the Portal does not grant any rights on the mentioned marks, commercial names and/or distinctive signs.

  3. Conditions to use the Portal

 3.1 General

The User commits to make a correct use of the Portal, in accordance to law and to this Legal Disclaimer. The User shall answer to Preciada Azancot, to MAT CACHET or to third parties for any damages or prejudices that he might cause as a consequence of breaking the mentioned obligation.

It is strictly forbidden to use the Portal with damaging aims towards goods or interests of Preciada Azancot, MAT CACHET or third parties, or in a manner that in any form overload, damage or disable the networks, servers and other computer equipment (hardware) or products and applications (software) of MAT CACHET or third parties.

3.2 Contents

The User commits to utilize the Contents according to law and this Legal Disclaimer and with the conditions, regulations and instructions that might be of application in conformance to clause 1.

As a mere example, the User, according to prevailing law, shall abstain from:

Reproducing, copying, making available, publishing, transforming or modifying the Contents, except in the cases authorized by law or expressly permitted by Preciada Azancot, by MAT CACHET or by whoever is the titular of the exploitation rights.

Should any third party want to use any of the Contents, it must solicit an express authorization, written and motivated, to Preciada Azancot. Lack of response to such petition should never be taken as an implicit authorization.

Reproducing or copying for a private use the Contents that might be considered as Software or Database, according with prevailing laws about intellectual property, and their public diffusion or disclosure to third parties whenever this necessarily implies their reproduction by the User or a third party.

Extracting and/or reusing the totality or a substantial part of the Portal Contents or the databases that MAT CACHET makes available to the Users.

3.3 Data capture forms
Without prejudice to the dispositions of clause 5 of this Legal Disclaimer, the use of certain services or petitions to MAT CACHET are conditioned to previously fill in the required User form.

Information given by the User trough the Portals forms, to the former ends or any others, should be true. To these ends, the User guarantees the authenticity of any data provided and will maintain the information given to MAT CACHET perfectly updated so it responds at any time to the actual situation of the User. In any case, the User would be the only responsible for any false or inexact statement it might make and for any prejudices that might cause to Preciada Azancot, MAT CACHET or third parties. MAT CACHET shall supply the Users with easy, direct and free resources that would allow them to exercise its access, cancellation or rectification rights according to law 15/1999 on personal data protection.

3.4 Inclusion of links to the Portal
Any Internet user wanting to include links from its own Web pages to the Portal should meet the conditions detailed bellow. The ignorance of these conditions shall not avoid the responsibilities stated by Law:

The link will only connect with the Portal home page, but it cannot reproduce it in any way (inline links, copy of texts, graphs, etc.).

It is forbidden in any case, according to prevailing laws, to establish any type of frames that enclose the Portal or permit the access to Contents from Internet addresses different from the one of the Portal. It is also forbidden to visualize Portal Contents together with other’s web contents in any case if: (1) it produces or can produce error, confusion or deceit in the users about the real source of the service or the Contents; (II) it constitutes an act of unfair comparison or imitation; (III) it tries to take advantage of the reputation of MAT or MAT CACHET; or (IV) it is forbidden for any other cause by prevailing laws.

Not any type of false, inexact or incorrect statement about Preciada Azancot, MAT CACHET, its partners, employees, customers or the quality of the services offered should be made in any page including a link to the Portal.

It is forbidden to use any denominative, graphical or mixed mark or any other sign that distinguish MAT or MAT CACHET in the page including the link, except in the cases allowed by law or expressly authorized by Preciada Azancot, provided that in these cases a direct link to the Portal is allowed according to this clause.

The page establishing the link shall faithfully observe the law and cannot in any case contain or link with contents, from their own or from third parties, that: (I) are illicit, harmful or contrary to moral and good customs (pornographic, violent, racist, etc.); (II) induce or can induce in the user the false impression that Preciada Azancot or MAT CACHET endorse, support, adhere to or, in any form defend, the ideas, statements or expressions, licit or illicit, of the remittent; (III) are inappropriate or not relevant to MAT CACHET activity, because of the place, contents or subject matter of the remittent page.

In the case that Preciada Azancot or MAT CACHET authorize a link to the Portal, the approved person or company shall communicate any changes in the content of its page, having then Preciada Azancot or MAT CACHET the possibility, at their complete discretion, of revoking the authorization previously conceded.

The existence of Linked Sites shall never presuppose the existence of agreements, with the holders or the persons in charge of those sites, or the recommendation, promotion or identification of MAT CACHET with their statements, contents or provided services.

4. Responsibility exclusion

4.1 For the information

Access to the Portal does not imply that MAT CACHET is obliged to verify the veracity, exactness, adequacy, suitability, completeness and obsolescence of the information supplied trough it. The Contents of this page are general in nature, and do not constitute in any case a training or consulting service, so this information is not sufficient for the User to take any type of decision, either personal or corporate.

MAT CACHET is not responsible for the decisions taken following the information supplied in the Portal, nor for the damages and prejudices produced to the User or third parties because of actuations solely based on the information obtained from the Portal.

4.2 For the service quality

Access to the Portal does not imply that MAT CACHET is obliged to control the absence of viruses, worms or any other damaging computing elements. It corresponds to the User, in any case, to have the adequate tools available to detect and disinfect any harmful piece of software.

MAT CACHET is not responsible for any damages produced in the User’s or third parties computer equipment during its access to the Portal.

4.3 For the service availability

Access to the Portal requires services and supplies from third parties, including the use of telecommunication networks whose reliability, quality, continuity and operation do not correspond to MAT CACHET. Therefore, the services provided through the Portal could be suspended, canceled or found inaccessible, previously or simultaneously with the Portal service.

MAT CACHET is not responsible for any damages or prejudices of any type produced to the User caused by any failure or lack of connection that produces the suspension, cancellation or interruption of Portal service while the User is using it or previously.

4.4 For the contents and services linked through the Portal

The Portal access service includes technical connecting devices, directories and even search engines that allow the User to access external pages and Internet sites (“Linked Sites”). In the assumption that the User considers that a link exists leading to illicit or inadequate contents, he can communicate it to MAT CACHET following the procedure and effects established in clause 6. This communication does not imply in any case the obligation for MAT CACHET to retire the link.

The existence of Linked Sites shall never presuppose the existence of agreements, with the holders or the persons in charge of those sites, or the recommendation, promotion or identification of MAT CACHET with their statements, contents or provided services.

MAT CACHET does not know the contents and services provided by its Linked Sites, so it is not responsible for damages produced by the illicitness, quality, obsolescence, unavailability, error or uselessness of the contents and/or the services of the Linked Sites, nor for any other damage not directly imputable to MAT CACHET.

5. Personal data protection

Data received through the Portal data capture forms will be incorporated into a computer personal file of which MAT CACHET is responsible. This company will handle data confidentially and exclusively with the aim of managing the relations with its customers and promoting the company activities, provided that the User authorizes it. MAT CACHET will cancel, delete and/or block data when they are inexact, incomplete or no longer pertinent to its aim, according to legal regulations on data protection. MAT CACHET will always facilitate Users the possibility of exerting their right to access, cancel, rectify and be in opposition by sending the application to the following Web address: www.mat-cachet.com, clearly indicating the right being exerted.

Clicking the ‘send’ button of any form, the User expressly allows its data to be utilized for the remittance of commercial communication through e-mail or any other mean.

The fields marked with an asterisk on data capture forms are mandatory, so if the User does not provide those data, MAT CACHET could, at its sole discretion, to refuse the corresponding service.

MAT CACHET adopts the security levels required by the Security Measures Regulation approved by “Real Decreto” 94/1999 of June 6th. Nevertheless, technical security on an environment such as Internet is not unyielding and leakages could happen due to fraudulent actuations from third parties.

MAT CACHET could utilize cookies during Users access to the Portal. Cookies are computer procedures that collect information about preferences shown by a user during its visits to a web page. This information is coded into small files archived in the user computer equipment imperceptibly. Each time the user access that web site, these files automatically activate so that the site is configured according to user preferences of previous visits. So cookies are physical files with personal information hosted in the user own terminal and unequivocally associated with that terminal. Cookies cannot read cookie files created by other web sites.

The User has the possibility of configuring its Internet Explorer program so that it rejects cookies or alerts the User when this is going to happen. The Portal can be accessed without having cookies activated, but this could prevent some security mechanisms for exclusive services, or services requiring more security, from correctly functioning. As a general rule, the aim of cookie files in the Portal is to facilitate User navigation.

6. Communication of illicit or inadequate activities

In the event of a User or any Internet user having knowledge of Linked Sites leading to pages whose contents or services are illicit, harmful, degrading, violent or contrary to moral, he can get in contact with MAT CACHET indicating the following information:

Personal data of the person contacting: name, address, telephone number and e-mail address;

Description of facts revealing the illicit or inadequate character of the Linked Site;

In the case of rights infringement, such as intellectual and industrial property, personal data of the holder of the rights infringed, if it is different from the contacting person. He must also provide documents crediting the holder for the claimed rights and also representation powers if the contacting person is different from the holder;

An explicit declaration of the exactness of the information contained in the claim.

Reception from MAT CACHET of the communication described in this clause does not imply, according to law, the effective knowledge of the activities and/or contents indicated by the contacting person.

7. Legislation

This Legal Disclaimer is governed in every aspect by the Spanish legislation.

 

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