Ommnio General Terms and Conditions
1. Legal information and acceptance of conditions
These Terms and Conditions regulate the use of Ommnio by users thereof. The access and/or use of the services imply the complete and unconditional acceptance of the terms and conditions of use published by Ommnio at the time of access and/or use thereof.
2. Terms and conditions of use
The use of Ommnio is absolutely voluntary and the responsibility of each user.
The user undertakes to use the Platform in a diligent, correct and lawful manner and, in particular, undertakes not to carry out the following actions, including, but not limited to:
(a) To use Ommnio for a purpose which is considered illegal, immoral or contrary to generally accepted practices or public order;
(b) to publish or reveal information, data, content, messages, graphics, drawings, sound and/or images, photographs, recordings, software and, in general, any obscene, offensive, vulgar material or any material which may induce criminal acts, slander, defamation, any type of violence or, in general, any action in breach of the laws, moral rights or generally accepted good practices or public order;
(c) to reproduce, copy or distribute the content or allow public access thereto through any type of public communication, or transformation or modification thereof, unless with the permission of the copyright holder or of the holder of the corresponding rights;
(d) to infringe third parties or Ommnio intellectual or industrial property rights;
(e) to use the services and content in a manner that could undermine or overload the operation of Ommnio;
(f) to carry out fraudulent transactions or which may facilitate illegal or fraudulent conduct of any kind; and,
(g) to use the contents and services and, in particular, the information of any kind for advertising purposes and, in particular, to send advertising, communications for the purpose of direct sale or for any other commercial purpose without the authorization of the recipient and of Ommnio.
The User shall be liable for any damages of any kind that Ommnio may suffer directly or indirectly arising from any breach of these present Terms and Conditions of Use and the applicable regulations.
3. Liability in the use of Ommnio
The User declares to be the legitimate holder of the intellectual and industrial property rights or to be authorized for the distribution and public communication of the information and contents sent through Ommnio, being Ommnio a means of communication.
The user who decides to share and provide content and/or information, such as images, opinions and any other content, expressly consents that the above mentioned content may be shared by all tool users for the purposes indicated in these Terms and Conditions and the Conditions and purposes that Customers may determine from the Platform.
Likewise, Ommnio reserves the right to withdraw the communications, information or contents, as well as to block infringing users, which are considered not appropriate for the characteristics and purposes of the Platform.
Ommnio does not control the contents, which are the responsibility of the users, therefore may not assume any liability thereof.
Any user who in breach of current legislation shall be solely liable for the damages and consequences arising thereof exempting Ommnio from any liability.
4. User license
Ommnio grants its users a non-exclusive and non-transferable license (hereinafter, the License) to use Ommnio.
Ommnio is the owner of the Ommnio communication platform. This agreement constitutes a license to use the Communication Platform and does not imply an assignment of ownership of the rights on the above mentioned program.
The user may not change, deconstruct, disassemble or decompile Ommnio, which includes the use of any current or future technology.
Failure to comply with any of the terms and conditions of this License shall be construed as a breach of the Terms and Conditions of Use.
4.2. Guarantees and liabilities
The Platform should be used pursuant to the terms and conditions hereof and to Ommnio notices and communications .
Ommnio does not guarantee the availability, continuity or fault-free operation of the Platform. Therefore, to the extent permitted by law, this guarantee does not include damages arising from the lack of availability or operation of the Platform and any services provided by Ommnio.
Ommnio does not assume liability arising from unforeseeable circumstances or force majeure. Likewise, it shall not be liable for any cause beyond reasonable control, such as the existence or entry of viruses and interference from third parties.
4.3. Term of the License
The term of this License starts with acceptance hereof by User. Ommnio shall have the right to restrict, suspend or terminate this License at its own discretion, either fully or partially, at any time and for any reason, without prior notice or liability.
5. Guarantees and liability disclaimer
Ommnio reserves the right to cancel access to any service or to the Platform itself, as well as to all or part of the contents provided thereby, at any time and without prior notice, due to technical, security, maintenance reasons or due to power failures or to any other reasonable cause.
Consequently, Ommnio does not guarantee the reliability, availability or continuity of the Platform or of the contents thereof, so the use thereof by users is at the own risk of the users and Ommnio shall not be held responsible for the discontinuity or unavailability of the above mentioned services.
Ommnio is not responsible for any interruption, delays, errors, malfunctions and, in general, any other problem arising from causes beyond the reasonable control of the Platform, and/or due to intentional conduct or due to the users fault and/or due to causes of force majeure. Force Majeure refers to all events beyond the reasonable control of Ommnio, such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of public authorities, or those events arising from natural disasters, blackouts, hacker or other third parties attacks to the security or integrity of the system. In any case, whatever the cause may be, Ommnio shall have no liability for direct or indirect damages or for the losses caused.
Ommnio shall not be held liable for any damages of any kind that may arise from the lack of veracity, accuracy, integrity and/or punctuality of the content transmitted, stored, made available or received, obtained or accessed through the Platform, for the content provided by third parties.
Ommnio shall make commercially reasonable efforts to update and correct the information hosted on the Platform not complying with the minimum standards of accuracy.
Ommnio is not responsible for the content of the information collected by Customers and users on the Platform, nor for opinions, comments or other communications not directly issued by Ommnio.
Ommnio excludes all liability for any damages of any kind that may arise from the presence of viruses or the presence of other harmful elements in the content which may cause alterations in the computer systems, as well as in documents or other systems stored in the Platform.
Ommnio excludes all responsibility for the content that users post on the platform. Therefore, users are liable for the content they send.
Likewise, Ommnio is not responsible for the use that users make of their passwords, user menu and any other material/service offered by the Platform.
Likewise, Ommnio is not responsible for possible security errors that may occur by using obsolete versions of browsers or software, or the consequences that may arise from malfunctioning browsers, either due to incorrect setting up, virus computer or any other cause not directly related to Ommnio.
6. Applicable legislation and competent jurisdiction
By accessing and/or using Ommnio the user expressly accepts that all disputes, claims and other controversies that may arise or may be related thereto shall be governed by current Spanish regulations and any dispute shall be subject to the Courts and Tribunals of the city of Barcelona, unless otherwise set forth by the regulations regarding the protection of consumers and users.
7. Copyright Ommnio
The name and logo of Ommnio © are registered trademarks
Copyright Ommnio. © 2018, All rights reserved.
Ommnio is the owner of all intellectual and industrial property rights of the Platform.
The User undertakes to respect the Intellectual and Industrial Property Rights of Ommnio.