Lexic Vivactis Group | TERMS OF USE CLAUSE
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TERMS OF USE CLAUSE

 

0. Prior

 

By using this website you agree to these Terms of Use and undertake to use the site, services and content housed on it accordingly.

You agree to use the site, service and content under your sole and exclusive responsibility.

LEXIC VIVACTIS S.L. reserves the right to make any changes it considers necessary to these Terms of Use without notice and you are responsible for reading them carefully each time you want to use the website.

LEXIC VIVACTIS S.L. reserves the right to deny or withdraw access to the website and/or services at any time and with no need to notify users who breach the applicable general or particular Terms of Use.

These Terms of Use and all documents expressly referring to them constitute the full agreement existing between you and us in relation to their purpose and replace any other pact, agreement or promise previously reached between us verbally or in writing.

 

1. Ownership

 

The lexic.es website and www.lexic-fmc.com training website portal (hereinafter indistinctly the “Website” or “Websites”) belong to LEXIC VIVACTIS S.L., with registered office at Paseo del Ferrocarril, 339, 2º-4ª, 08860, Castelldefels, Barcelona, phone 936455293 and Spanish tax ID code C.I.F. B63974620, duly entered in the Mercantile Register in Volume 37930, Folio 71, Sheet  B-311902, Entry 1.

 

2. Identification of the Parties

 

These Terms of Use of the Website and Social Networks are signed by LEXIC VIVACTIS S.L., (hereinafter, “LEXIC”) with registered office at Paseo del Ferrocarril, 339, 2º-4ª, 08860, Castelldefels, Barcelona, and Spanish tax ID code C.I.F. B63974620, duly entered in the Mercantile Register in Volume 37930, Folio 71, Sheet B-311902, Entry 1 and the end Customer (the “Customer”) whose personal details are those supplied to the Website, particularly by means of the form LEXIC makes available.

‘Customer’ is understood to mean any individual who acquires, uses or enjoys any of the products or services provided by LEXIC or who signs up as a Customer over the Website.

 

3. Purpose and Scope of Application

 

These Terms of Use regulate the login, browsing and use of the Website and Social Networks.

Despite the above, access to certain content and use of certain services are subject to other conditions which, depending on the case, may replace, complete and/or amend these Terms of Use.

 

4. Access to and Use of the Website.

 

Both the Website and Social Networks and any non-consensual use that can be made of the information contained on them is your exclusive responsibility as user.

You undertake to use the Website and Social Network content, information and data in accordance with these conditions, terms and policies, applicable regulations and generally accepted good customs and public order.

You agree not to use the site content for unlawful or prohibited purposes or effects or ones that are contrary to the matters established herein, which harm the rights and interests of LEXIC, other users or third parties or which could in any way damage, disable, overload or degrade the Website or impede users’ normal use and enjoyment thereof.

LEXIC shall not be held liable for any consequence, damage or harm that could arise from said access or use or from noncompliance with these conditions, terms and policies, nor shall it be responsible for any security errors that could occur or damage that could be caused to your computer system (hardware or software) or files or documents stored in it as a result of: (i) the presence of a virus in the computer you used to connect to the services and/or products LEXIC provided over the Website; (ii) poor browser operation; or (iii) use of nonupdated browser versions.

 

5. Rules of Use for the Website and Social Networks

 

LEXIC reserves the right to cancel the account of registered customers and settle their contract. In particular it can cancel a customer account if it detects noncompliance with any of the contractual obligations assumed herein or observes a use of the site and/or account that runs counter to the general terms of use, the site privacy policy or sector-accepted good faith uses.

In this regard, you agree:

  • Not to use the Website or any of the items it features to perform timeshare operations or become a service provider of software apps aimed at making third-party access to the platform or any of its parts possible through rental operations, administrative services or similar by sharing them or making them available to third parties.
  • Not to use the Website to collect personal data on other users.
  • Not to publish on the Website or use it as a management system and/or for the exchange of information and/or illegal documentation, contrary to morality or public order, contrary to copyright and/or industrial property law.
  • Not to perform acts of inverse engineering, take requirements or perform other activities aimed at developing an online platform identical or similar to the one made available by LEXIC, since this activity can be considered as an act of unfair competition and violation of the intellectual and industrial property rights LEXIC holds over the platform.
  • Not to submit the platform to workloads clearly designed to destabilise it, including distributed denial-of-service (DDoS) attacks or similar. If these types of situations are detected, the above-indicated service level will not be implemented, since this will be considered an emergency situation.
  • Not to translate, adapt, improve, transform or correct the platform or any of the items that comprise it or modify it in any other way, not to incorporate the platform into other software or proprietary platforms or ones provided by third parties.
  • Not to remove, delete, alter, manipulate or in any way modify the notes, legends, indications or symbols that LEXIC, as the legitimate rights-holder, incorporates into its properties with respect to intellectual or industrial property rights (such as, for example, copyright, ©, ® and TM, etc.) either on the platform itself or in associated material.
  • To inform LEXIC of any event or situation that has occurred that could jeopardise secure access by authorised users.
  • Not to impede the regular development of an event, promotion or any other activity available over the Website, either by altering or attempting to alter, unlawfully or in any other way, its access, participation and operation or falsifying its outcome and/or using fraudulent participation methods, via any procedure, and/or by means of any practice which impinges or violates these Terms of Use in any way.
  • Forcing platform failures or seeking security breaches is strictly forbidden.

 

6. User Participation in the Website and Social Networks and Responsibilities.

 

User participation in the Website and Social Networks will be by means of authorised access.

LEXIC reserves the possibility of supervising content published by site users and, in the event of different uses that hamper use by other users, to remove their comments and/or publications.

It is forbidden to publish content that:

  • Could in any way be considered an infringement of the fundamental rights to honour, personal and family privacy or third-party own images and very particularly those of children under the age of 18.
  • Includes photographs containing third-party images or personal details without having obtained consent from the owners thereof.
  • Violates communication secrecy, the infringement of intellectual or industrial property rights, or regulations regarding personal data protection.
  • Contains unlawful, racist, obscene, pornographic, abusive, defamatory, misleading or fraudulent material or information, or any that is contrary to morality or public order.
  • Contains spam or links to sites unrelated to the corresponding space.
  • Includes advertising or sales communications to issue messages with a publicity purpose or to capture data to that end.
  • LEXIC assumes no type of liability for content published by users. However, it reserves the possibility of supervising and/or moderating any content published by users on the Website and Social Networks and, if found to infringe these Terms of Use or the privacy policy, to edit or delete it.

9. Links to other websites

 

The Website uses hyperlinks that let you link to other webpages or sites. LEXIC takes no responsibility for the content or security measures adopted by any other webpage or site you enter from our Website or which enables a link to our Website and you access third-party sites under your exclusive responsibility.

Neither do we guarantee the absence of viruses or other elements in content linked from our Website that could alter your computer system (hardware or software), documents or files and exclude ourselves from any liability arising from damage of any type caused thereby.

10. Waver and Liability

 

LEXIC does not guarantee the permanent availability of the services offered on the website although we will strive to ensure their regular nature and good operation.

For these purposes, LEXIC is exonerated from any type of liability for potential harm or damage caused of any type and arising from the lack of availability or continuity of service operation due to causes of force majeure or errors in information transmission networks against LEXIC’s will.

11. Modification of General Terms of Use, Contract Conditions and Privacy and Cookies Policies

 

LEXIC reserves the right to modify at any time and without prior notice all conditions, terms and privacy and cookies policies to adapt them to any new legislation or case law, as well as sector changes or practices, and you must regularly consult these conditions, terms and policies to check and ensure the existence of modifications or changes thereto, taking the last update date as a reference.

12. Intellectual and Industrial Property

 

You hereby recognise and accept that except for the content, data and information that each Customer voluntarily supplies to the website, all industrial and intellectual property rights over the content and/or other elements LEXIC inserts on the site (including but not limited to all elements covering visual appearance, graphic image and other sensory stimuli that make up the look and feel, brands, logos, trade names, images, graphics, designs, sounds, databases, software, flow diagrams, presentation, browser architecture and source codes) belong to LEXIC and/or the third parties that have assigned it their rights. For these purposes, ‘Website’ shall be understood to mean all the creations included and expressed by LEXIC by any tangible or intangible means and/or format currently known or developed in the future that are subject to protection under current regulatory provisions on intellectual and industrial property.

Viewing, printing, downloading and temporarily storing, whether fully or partially, the content and/or elements included by LEXIC on the Website is authorised exclusively for your personal, private and non-lucrative use so long as, in all cases, you indicate the source and/or author concerned and, where applicable, use the copyright symbol and/or industrial property notes of the rights-holders.

In no case does logging into the Website entail any type of permit, waiver, transfer, licence or full or partial assignment of these rights by their holders, except where expressly established otherwise. These Terms of Use do not give customers the right to use, alter, exploit, reproduce, distribute or publicly disclose the site and/or its content, except where expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically awarded for that purpose by LEXIC or the third-party holder of the rights concerned.

Without prejudice to the above, if the Customer or third party considers that the content of any site or social network infringes their intellectual or industrial property rights, we would ask them to contact us as soon as possible at the email address info@lexicnet.com.

13. Communications

 

LEXIC will reach out to you by email or provide you with information by posting notifications on the site. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications we send electronically comply with legal requirements as they are in writing.

Any notifications you send us must be preferably sent by email to info@lexicnet.com

You can also write to us at LEXIC VIVACTIS S.L., Paseo del Ferrocarril, 339, 2º-4ª, 08860, Castelldefels, Barcelona.

Notifications shall be understood to have been received and made correctly the moment they are posted on our website, 24 hours after having been sent by email or three days following the postmarked date of any letter. To ensure that notification was made, you just need to check, in the case of a letter, that the address was right, it was stamped correctly and was duly delivered to the post office or a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.

14. Applicable Law and Competent Jurisdiction

 

The current regulations will determine the laws that must bind and the jurisdiction that must hear relations between LEXIC and its Customers. However, in cases where the current regulations allow for the possibility of the parties submitting to a particular jurisdiction, LEXIC and the users expressly waive any other jurisdiction that could correspond to them and agree to submit to Spanish law and the Courts and Tribunals of Barcelona.

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