1. OBJECT AND ACCEPTANCE
1.1 These terms of service (“Terms of Service”) regulate the use of the website www.tribaldata.com and any of its subdomains and related sites (the “Site”), which is made available to you by the following company (hereinafter “TRIBALDATA”):
1.2. These Terms of Service are binding for any person accessing or using our Site (“User”, “you”, “your”). Browsing through the Site implies the full and unreserved acceptance of each and every one of the provisions included in this Terms of Service, which may suffer modifications.
1.3. TRIBALDATA may request you to fill out forms or to access certain applications and functionalities of the Site. In this respect please read our Privacy Policy, Cookies Policy and other legal information of TRIBALDATA.
1.4 The User undertakes to make correct use of the Site in accordance with the applicable legislation, good faith, public order, traffic uses and this Terms of Service. The User will respond to TRIBALDATA or to third parties, for any damages that may be caused as a result of breach of this obligation.
1.5. The language in which these Terms of Service have been drawn up and, therefore, the language that will govern their interpretation is English.
2. CONDITIONS OF ACCESS AND USE
2.1 At the time of publication of the current version of the Terms of Use, the Site is of free usage. TRIBALDATA places at your disposal the email community@tribaldata.com if you would like more information.
2.2 TRIBALDATA reserves the right to restrict access in the event that the User misuses the Site.
2.3. To access and use the Site you must be at least eighteen (18) years of age. By accessing and using the Site you represent and warrant that you have the legal authority to bind yourself to these Terms of Service. As a User you guarantee the authenticity and recency of all the data that you communicate to TRIBALDATA and you will be solely responsible for any false or inaccurate statements made through the Site.
2.4 In addition, as a User you expressly agree to make proper use of the contents and services of TRIBALDATA and not use them to, among others, to:
2.4.1 Disseminate criminal, violent, pornographic, racist, xenophobic, offensive, terrorist apology or, in general, contrary to law or public order content.
2.4.2 Introduce computer viruses into the network or carry out actions that could alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of TRIBALDATA or third parties; as well as hinder the access of other users to the Site and its services through the massive consumption of computer resources through which, TRIBALDATA provides its services.
2.4.3 Try to access and extract information from the email accounts of other users or restricted areas of the computer systems of TRIBALDATA or third parties.
2.4.4 Violate intellectual or industrial property rights, as well as violate the confidentiality of information from TRIBALDATA or third parties.
2.4.5 Impersonate the identity of another User, public administrations or a third party.
2.4.6 Breach, or attempt to breach, the security or authentication measures of the Site or any network connected to the Site, or the security or protection measures inherent in the content offered on the Site.
2.4.7 Not to replicate, reverse engineer, decompile or disassemble the Site, except in those circumstances authorized by law.
2.4.8 Reproduce, copy, distribute, make available or in any other way communicate publicly, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
2.4.9 Collect data for advertising purposes and send advertising of any kind and communications for sale or other commercial purposes without prior request or consent.
2.5 You undertake to defend, indemnify and hold TRIBALDATA harmless (and its affiliates, employees, officers and directors) for any judicial or extrajudicial claim, damage or penalty related to the User’s obligations under these Terms of Service.
3. INTELLECTUAL PROPERTY
3.1 All the contents of the Site, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to TRIBALDATA or its legitimate owners, without being understood assigned to the User none of the exploitation rights over them beyond what is strictly necessary for the correct use of the Site.
3.2 Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-sublicensable, and non-transferable use and access to the Site.
3.3 Ultimately, users who access this Site, can view the contents, and make, where appropriate, authorised private copies provided that the reproduced elements are not subsequently transferred to third parties, or installed to servers connected to networks or are subject to any type of exploitation.
3.4 Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the Site are the property of TRIBALDATA or its legitimate owners, without it being understood that the use or access to it gives the User any right over them.
3.5 The distribution, modification, assignment or public communication of the contents and any other act that has not been expressly authorised by the owner of the exploitation rights are prohibited.
3.6 You shall refrain from extracting and reusing all or part of the data and information contained in our Site. Among others, the User may not apply “screen-scraping”, use robots, crawlers, spiders or any other similar technique for automatic extraction, but you also may refrain from extracting information manually.
3.7 Any infringement of TRIBALDATA’s intellectual property rights may constitute not only a breach of these Terms of Service but also a violation of copyright laws, trademark laws, privacy laws and publicity and communications regulations.
4. TEMPORARY OR PERMANENT RESTRICTION OF ACCESS TO THE SITE
4.1 We have the right, at our sole discretion, to permanently or temporary restrict or suspend your access to and use of the Site, under the following circumstances:
4.1.1 For scheduled or emergency maintenance to the Site, or any part thereof;
4.1.2 In the event TRIBALDATA ceases to provide, for any reason, access to or any of the services associated to the Site;
4.1.3 If required by law enforcement or by a government agency, or otherwise in order to comply with applicable law or regulation;
4.1.4 If we reasonably believe that you are using the Site in violation of these Terms of Service or any applicable law;
4.1.5 If we reasonably believe that your use of the Site poses a security risk to us or to any third party;
4.1.6 If you are using the Site for purposes other than those specified in these Terms of Service.
4.2 The fact that TRIBALDATA prevents the User from accessing or using the Site in accordance with the provisions of this section shall not entail any liability for TRIBALDATA nor shall it entitle the User to make any kind of claim against TRIBALDATA, except for damages caused by TRIBALDATA’s wilful misconduct, and provided that they are ruled by a court or tribunal.
5. EXCLUSION OF GUARANTEES AND RESPONSIBILITY
5.1 The Site is provided “AS IS” and “AS AVAILABLE”.
5.2 The Site is provided without warranty of any kind, whether express or implied. TRIBALDATA specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
5.3 You will be solely liable for any damages caused to third parties due to your use (or inability to use) the Site. TRIBALDATA shall be exempt from any liability in this regard and you shall keep TRIBALDATA harmless from any claim arising in connection thereof.
5.4 The content of this Site is intended to promote and describe the services provided by TRIBALDATA and the information comes from both internal and external sources. In particular, TRIBALDATA informs that the information provided on the is based on estimated data without fully guaranteeing access to all content, nor its completeness, correctness, validity or actuality or its suitability or usefulness for the specific objective.
5.5 The USER exempts as far as the legal system allows TRIBALDATA from any responsibility for damages of any kind derived from:
5.5.1 The impossibility of accessing the Site or lack of veracity, accuracy, completeness and / or topicality of the contents, as well as the existence of defects and defects of all kinds of content, transmitted, disseminated, stored, made available to the that has been accessed through the Site or the services offered. The User accepts that part of the information it contains and which is accessed in this web space, may come from external sources, so TRIBALDATA is not always responsible for its accuracy. In the event that the User had knowledge or suspect of this circumstance in any of the information, he must notify TRIBALDATA without delay.
5.5.2 The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.
5.5.3 Failure to comply with laws, good faith, public order, traffic uses and this Terms of Service as a result of the incorrect use of a third party of the particular Site, and by way of example, TRIBALDATA is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honour, personal or family privacy and the image itself, as well as the regulations on unfair competition and illegal advertising.
5.6 TRIBALDATA is not responsible for the use that each User gives to the information made available on this Site or for the actions they perform based on them.
5.7 Other than as expressly stated in these Terms of Service (or as provided by law), TRIBALDATA does not warrant and shall not be liable for: (i) the vulnerability of the Site and/or the security measures adopted therein; (ii) the existence and/or transmission of viruses or other similar harmful components (you are responsible for implementing procedures and checkpoints that are adequate to guarantee your particular requirements for anti-virus protection, as well as for maintaining a means external to TRIBALDATA for any reconstruction of any lost data that may be needed); (iii) the lack of accessibility, availability, usefulness or performance of the Site; (iv) the unlawful access of a third party; (v) any compatibility problems between the Site and the User’s device; (vi) failures of the Site caused by any type of technical or security failure affecting the servers of TRIBALDATA’s third party service providers; and (vi) any other failure that hinders, delays or prevents the proper functioning of the Site.
5.8 TRIBALDATA will not be liable for any failure, delay or suspension in the performance of any of its obligations under these Terms of Service caused by a force majeure event. For the purposes of these Terms of Service, a force majeure event means any event or occurrence beyond the reasonable control of TRIBALDATA, including a breakdown or interruption in public or private telecommunications networks, war, riots, disasters, strikes, civil disorder, terrorist acts, unforeseen events, fires, pandemics, explosions or any action by the authorities, including any government regulation.
5.9 Unless otherwise required by applicable law, in no event will TRIBALDATA be liable to you or to any third party for any loss of data, or any indirect, special, incidental, punitive or consequential damages of any kind arising out of, or in connection with these Terms of Service or with your use (or inability to use) the Site, even if TRIBALDATA has been advised or is otherwise aware of the possibility of such damages.
5.10 In the event that the applicable law does not allow the limitation or exclusion of certain liabilities as set forth herein, our liability shall be limited to the maximum extension permitted by the applicable law.
6. LINKS
6.1 The establishment of a hyperlink does not imply in any case the existence of relations between TRIBALDATA and the owner of the Site on which it is established, nor the acceptance and approval by TRIBALDATA of its contents or services or assumption of any responsibility for the owner of the Site.
6.2 Those who have an interest in incorporating a hyperlink among its contents must previously request authorization in writing from TRIBALDATA. In any case, the hyperlink will only allow access to the home page or home page of our Site, it must also refrain from making false, inaccurate or incorrect statements or indications about TRIBALDATA or include illegal content, contrary to good customs and to public order.
6.3 Likewise, TRIBALDATA declines any responsibility with respect to the information that is outside of this Site and is not directly managed by us. The function of the links that appear on this Site is exclusively to inform the User about the existence of other sources that may extend the contents offered by this Site does not guarantee or be responsible for the operation or accessibility of the linked sites; neither suggests invites or recommends a visit to them, so you will not be responsible for the result obtained. TRIBALDATA is not responsible for the establishment of hyperlinks by third parties.
7. DATA PROTECTION
7.1 In order to have access to some functionalities of the Site, you must provide certain data and information.
7.2 Additionally, the Site may install cookies.
7.3 At TRIBALDATA we take the processing of your personal information very seriously and take the utmost precautions when processing personal data.
7.4. TRIBALDATA takes the utmost precautions when processing User’s personal data.
7.5. For further information on how your data will be processed when you access and use our Site, please visit our Privacy Policy and our Cookies Policy.
8. PROCEDURE IN CASE OF CARRYING OUT ILLICIT ACTIVITIES
8.1 In the event that any USER or a third party considers that there are facts or circumstances that suggest the illicit nature of the use of any content and / or the performance of any activity on the web pages included or accessible through the Site, you must send a notification to community@tribaldata.com, duly identifying yourself, specifying the alleged infractions and expressly declaring and under your responsibility that the information provided in the notification is accurate.
9. NOTIFICATIONS
9.1 All notifications and communications between users and TRIBALDATA will be considered effective, for all purposes, when made through postal mail or email to the community@tribaldata.com account, provided that they are acknowledged.
9.2 If you have any questions that are not resolved through this Terms of Service or the Site; If you wish to make a recommendation, you have observed a failure in the system, you believe that you can make some improvement in the services or for any reason you wish to contact us, you can do so through the email community@tribaldata.com.
10. MODIFICATIONS TO THE SITE AND/OR THESE TERMS OF SERVICE
10.1 TRIBALDATA reserves the right to make, at any time and without prior notice, improvements, replacements or modifications to any functionality or content of the Site, as well as to discontinue the Site and its related services, with or without notice, and with no liability to TRIBALDATA.
10.2 TRIBALDATA reserves the right to modify or amend these Terms of Service or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email or posting the revised Terms of Service on the Sites and/or dashboards of the Site. You acknowledge that your continued access or use of the Site following such notice constitutes your acceptance of the modified Terms of Service.
11. MISCELLANEOUS
11.1 No failure by TRIBALDATA to assert any right or provision under these Terms of Service will constitute a waiver of that right or provision, unless expressly stated in writing by TRIBALDATA.
11.2 Each provision of these Terms of Service will be enforceable separately. If any of these provisions are found by any court or competent authority to be illegal, invalid or unenforceable, but it is legal, valid or enforceable if any part of it is so removed or amended, the provision in question shall be enforced with such removal or amendment as is necessary to make it legal, valid or enforceable and the remaining terms shall continue in full force and effect.
11.3 The official time of this Site and the provision of TRIBALBATA services corresponds to the official time of Central Europe (CET) (GMT + 1).
12. CONTRIBUTIONS
12.1 TRIBALDATA puts at your disposal the email community@tribaldata.com to communicate any contribution as well as notify us of any technical incident. You also have this email for any matter or legal contribution that as a USER you can make on this Site.
12.2 By providing TRIBALDATA with any feedback (including any ideas or suggestions), you grant us a free and non-limited license to use said feedback for private and/or commercial purposes (for example, we may decide to incorporate into the Site a new functionality that you have identified as a need or as an improvement opportunity).
13. SOCIAL COMMITMENT
13.1 TRIBALDATA has a commitment to universal values such as: the defense of women, children, respect for animals and the environment.
Any action contrary to these values will be censored by TRIBALDATA. If you think we can improve in our commitment let us know by mail at community@tribaldata.com.
14. APPLICABLE LAW AND JURISDICTION
14.1 These Terms of Service shall be governed by the Laws of Spain.
14.2 Where allowed by law, you and TRIBALDATA waive you/our own jurisdiction and agree to submit any conflict, controversy and/or claim related to these Terms of Service to the exclusive jurisdiction of the courts of the city of Madrid.
These Terms of Service has been revised and published as of 15th of June 2023
V20230615-LEGAL-NOTICE-WEB-TRIBALDATA-ENG
