The purpose of these terms and conditions (the “Terms of Use”) is to govern the use of the www.gigas.com website (the “Website”) that GIGAS HOSTING, S.A. (“GIGAS”), as owner, makes available for persons to access or use (the “User”) so they can obtain information on the products and services of GIGAS and/or third parties (collectively, the “Services”) and, where appropriate, subscribe to and potentially manage them.
Access and use of the Website by the User, irrespective of whether it does so or not as a Registered User, implies acceptance of these Terms of Use. These Terms of Use may be modified. The version is force is the one published at any given time. GIGAS may unilaterally modify, without prior notice, the configuration, content and service of the Website and these Terms of Use. This does not entitle the User to any rights beyond those expressly recognised in the Website's legal texts. Therefore, the User should read the Terms of Use each time they wish to access the Website.
Without prejudice to the content of these Terms of Use, certain services or features offered on or through this Website are subject to special terms and conditions, which are available to the User on the Website.
The Website may enable access to certain Services that require the User to first register and/or accept certain General and/or Specific Terms and Conditions of those Services. In such cases, these Users become Registered Users.
To become a Registered User, the User must fill out a registration form. This generates a Registered User ID, comprising an email address and a password chosen by the User, which must fulfil the requirements set out in the registration form. This ID is required to access the Registered User account.
Use of the password is personal and may not be transferred to third parties, even temporarily. The Registered User agrees to be careful with the password and keep it confidential, assuming all liability for the consequences of disclosing it to third parties or failing to maintain its confidentiality.
When the Registered User knows or suspects that a third party has used their password, they must notify this immediately as explained on the Website.
The User undertakes to use the Website in a manner that is diligent, correct and lawful. Specifically, the User undertakes to, by way of example and not limitation, refrain from:
The User shall be liable for any damages caused to GIGAS due to, or because of, the breach of any of the obligations contained in these Terms of Use and any others included in the legal texts of the Website, in the General or Specific Terms and Conditions of GIGAS' services and/or those imposed by law regarding use of the Website.
GIGAS shall ensure compliance at all times with legislation in force. It is entitled, at its sole discretion, to interrupt the availability of the Website or exclude the User, whether not he or she is a Registered User, from the Website if it detects any conduct that, in GIGAS's opinion, is contrary to these Terms of Use, the legal texts of the Website, the General or Specific Terms and Conditions of GIGAS' Services, the law, the rules established by GIGAS or its partners, or that, in GIGAS' exclusive opinion, may disrupt the proper functioning, image, credibility and/or prestige of the Website, the Services, GIGAS or its partners.
All content of the Website, such as text, graphics, diagrams, photographs, logos, icons, images, logos, trademarks, domain names, graphic design, computer applications, source code and software is owned exclusively by GIGAS or the related rights or licenses have been acquired and are protected by national and/or international regulations on intellectual property, domain registration and trademark registration.
Use of any of the aforementioned intellectual and industrial property for commercial purposes, as well as its distribution, modification, alteration or decompilation, is strictly prohibited
The User undertakes not to infringe the intellectual and industrial property rights of GIGAS or third parties. Access to our Website or subscription to any of GIGAS' products by the User shall in no case imply the transfer, licensing or even partial transfer of such rights by GIGAS to the User.
Unauthorised use or use for purposes other than as provided for in these Terms of Use of the content and information of the Website, or its use for commercial purposes by the User, and the infringement of GIGAS' intellectual property rights or trademarks shall give rise to any applicable liabilities and legal actions.
GIGAS reserves the right to limit or interrupt access to the Website, the offer or provision of any Services, and the products advertised on it or made available to Users, at any time and without prior notice, for reasons of maintenance, security, power outage, or for technical or other reasons, without giving rise to any liability or right to request any financial compensation from GIGAS to the User or third parties. GIGAS shall not be liable, either directly or indirectly, for any direct or indirect damages or loss of profit that may result from the unavailability of the Website or GIGAS' Services.
GIGAS assumes no liability for any interruptions to, delays in or malfunction of the Services or the Website and, in general, any circumstances arising from causes beyond GIGAS' control and/or due to wilful or negligent conduct by the User and/or arising from a fortuitous event or force Majeure. Notwithstanding the provisions of Article 1. 105 of Spain's Civil Code, for the purposes of the General Terms and Conditions, "Force Majeure" shall be understood to include any events occurring beyond GIGAS' control, such as: failure of third parties, operators or service companies, lack of access to third-party networks, acts or omissions of government authorities, acts of nature, power outages or similar, hacker attacks or attacks by third parties specialised in IT security or integrity, pandemics, strikes, wars and similar, provided that GIGAS has taken reasonable security measures in accordance with the state of the art.
Similarly, GIGAS accepts no liability for any damage of any kind caused by a virus or other harmful components in the content that may cause alterations in computer systems or the documents or systems stored therein.
GIGAS accepts not liability for how the User uses the Services or the Website, their passwords or any other material from the Website, or whether the User infringes any third-party intellectual or industrial property or other rights.
In addition to those situations for which GIGAS assumes no liability whatsoever, GIGAS shall only be liable for damage it may cause to Users if it has acted with intent or gross negligence.
The User undertakes not to hold GIGAS liable for any damage, loss, penalty, expenses (including, but not limited to, lawyers' and attorneys' fees) or civil, administrative or any other type of liability to which that GIGAS may be exposed for the User's breach of, or partial or defective compliance with, these Terms of Use or applicable law and, specifically, with respect to its personal data protection obligations as set forth in the Privacy Policy provided to the User on the Website or in applicable legislation.
GIGAS' Website may include links to third-party and/or external sites over which GIGAS has no control. GIGAS makes no representation and accepts no liability for external content or any damage that may be caused to the User or third parties from access to those websites or content. GIGAS only accepts liability under the terms of article 17 of Spain’s information society services and electronic commerce act (Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y Comercio Electrónico).
Links appearing on the Website are to inform the User only that there are other sources of information on the internet that GIGAS considers could be useful or of interest. GIGAS accepts no responsibility whatever for the result of clicking on any of those links or the consequences of the User's accessing them. These third-party services and contents are provided by those third parties. As such, GIGAS has no control over and does not control their legality or quality. Therefore, the User assumes full responsibility for exercising due care when evaluating and using the information and services contained in the third-party content.
GIGAS shall process any data provided by the User in accordance with personal data protection legislation in force.
Pursuant to Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, GIGAS makes available to the User its Privacy and Data Protection Policy, which it applies to the processing of personal data. It is available at: Privacy Policy
Access to the Website implies the use of cookies. GIGAS provides clear and comprehensive information to users about the use of cookies at: Cookies Policy.
These Terms of Use will be governed by Spanish law. The User may, at its own choice, submit any controversy or dispute regarding interpretation or execution of the Website Terms and Conditions to the jurisdiction of the courts where it has its registered address in Spain, expressly waiving any other jurisdiction.
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