Last update: October 30, 2023
IDENTIFICATION OF THE PARTIES
- NETIPBOX TECHNOLOGIES, S.L., with commercial name NSIGN.TV, a company based in Spain with registered office at Avenida Madrid 95-97 Entlo. 1ª, 08028 Barcelona, with Tax Identification Number B64315294 and registered in the Mercantile Registry of Barcelona, Volume 38925, Folio 8, Sheet No. B332171.
NSIGN’s business and activity are based on the creation and marketing of an omnichannel communication technology platform enabling the User hiring with NSIGN to store, organize, schedule and broadcast digital content and commercial promotions from any digital device.
The User, i.e. the person who accesses, browses, uses and registers (or not) on the Website and/or the Platform, having hired (or not) the services thereof offered by NSIGN.
The User who accesses and uses the Website and the Platform acts in any case within the framework of its commercial, business, commercial or professional activity. Therefore, the User will not be considered in any case as a consumer, thus excluding the application of Law 1/2007, of November 16, 2007, for the Defense of Consumers and Users.
NETIPBOX TECHNOLOGIES, S.L. is the exclusive owner of the intellectual property rights of the Website and the Platform. The User shall obtain and NSIGN agrees to provide the User with access to and use of:
- The Website and information about NSIGN’s business that it contains.
- The Platform’s software and any update or supplement thereof.
The Platform offers registered Users (temporarily and limitedly) and Users who have hired its services during the term established in the corresponding contract, a tool to impact their business through Smart Digital Signage. The Platform makes available to the User a combination of digital content and devices to impact their audiences and customers in a personalized way. It is a scalable omnichannel digital communication platform, which stores, organizes, schedules and broadcasts measurable content through any digital device, uploaded, broadcast, and modified, if necessary, by the registered User, through different tools contained in the Platform. The software offered by NSIGN is based on the Communication Platform as a Service (PCaaS) that easily and scalably integrates intelligent content into any digitization project through artificial intelligence, big data, and the Internet of Things (IoT).
Moreover, the User undertakes to make proper use of the Website and the Platform, in accordance with the laws, good faith, public order, traffic uses and this Legal Notice, and shall be liable to NSIGN or to third parties for any damages that may be caused as a result of a breach of this obligation.
- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND THE PLATFORM
The Website and its information may be accessed freely and free of charge. However, NSIGN may make the use of some of the services offered on its website, including access to and use of the Platform, subject to the prior formalization of the corresponding service provision contract under licenses.
The User guarantees the authenticity and timeliness of all data that he/she communicates to NSIGN and of the content that he/she uploads, publishes, submits, and modifies when using the Platform. The User shall be solely responsible for any false or inaccurate statements made, as well as for any legal infringement, including intellectual property developed by third parties other than the User.
The User expressly agrees to make appropriate use of NSIGN’s content and services and not to use them for, among other things:
- Spreading criminal, violent, pornographic, racist, xenophobic, offensive, terrorist apology or, in general, contrary to the law or public order.
- Introducing into the network computer viruses or carrying out actions likely to alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of NSIGN or third parties; as well as obstructing the access of other users to the website and its services through the massive consumption of computer resources through which NSIGN provides its services.
- Attempting to access the e-mail accounts of other users or restricted areas of NSIGN’s or third parties’ computer systems and, if applicable, extracting information.
- Infringe intellectual or industrial property rights, as well as violate the confidentiality of NSIGN’s or third parties’ information.
- Impersonate the identity of any other user.
- Reproducing, copying, distributing, making available, or any other form of public communication, the original creations of NSIGN.TV, transforming or modifying the contents, unless authorized by the owner of the corresponding rights or it is legally allowed.
- Collecting data for advertising purposes and sending advertising of any kind and communications for sales or other commercial purposes without prior request or consent.
To use the Platform and benefit from the services offered therein, the User must register on the Platform. In this case, NSIGN provides temporary use of the Platform, with some limited functions. After the period indicated in each case, the User’s access to and use of the Platform will be subject to an individual contract with NSIGN.
The User agrees to safeguard the confidentiality of his or her password and shall be responsible for all use of his or her account and password. NSIGN reserves the right to remove, reclaim or change a username you select if we determine that, in our sole discretion, such username is inappropriate, obscene, or otherwise objectionable.
Use of the Website is free. In the case of the Platform, the cost of the connection is free of charge and the provision of the service shall be governed by the general conditions published and by the specific contractual conditions that the parties have individually contracted.
The User may not transfer access to and use of the Website and Platform to another person. If the User transfers or sells any device with access to the Platform, the User shall remove such access from the device in advance. If the User installs access to the Platform on a device that is not owned by the User, the User shall require the permission of the owner of such device. The User shall be responsible for complying with these terms, whether or not the User owns the device concerned.
Limitation of User storage and content
NSIGN reserves the right to establish in the future a limitation to Users for the storage of content on the platform. The space limitation refers to the maximum Gigabyte capacity that each user may have for its contents on the platform. Likewise, NSIGN may charge Users a fee for the storage of such content that exceeds the established limits. Such fee shall be invoiced and charged according to the conditions set forth in the individual contract signed by NSIGN and each User, for the use of the Platform.
- INTELLECTUAL PROPRIETY
The design, texts, photographs, graphics, images, icons, technology, software, of the Website and the Platform, as well as its graphic design and source codes, constitute a work whose exclusive ownership belongs to NSIGN, and none of the exploitation rights over them may be understood to be transferred to the User beyond what is strictly necessary for the correct use of the Website and the Platform.
Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the Website are the property of NSIGN, without it being understood that the use or access to the same grants the User any right over them.
Without being exhaustive or limiting in nature, the reproduction, transformation, distribution, public communication, availability, extraction, reuse, resending or use of any kind or nature, by any means, procedure or support, of any of the integral elements of the design of the Website and the Platform, including the source code, graphic designs, images, photographs, sounds, animations, software and texts, is expressly prohibited, with the exception of those cases legally permitted or in case of express and written authorization by the holder of their rights.
NSIGN grants the User personally the right to access and use the Website and the Platform. The User may upload, publish, modify, and broadcast content through the Platform by registering and contracting with NSIGN. All content that the User uploads, posts, publishes, broadcasts, or modifies on the Platform shall be the User’s responsibility, and the User shall in any case hold the ownership and exploitation rights over the intellectual property of the content that said User publishes on the Platform, being entitled to its exploitation, with full indemnity of NSIGN otherwise. The User shall be liable to NSIGN for any claims that legitimate third-party owners may exercise against NSIGN for the inappropriate use or illegal exploitation of content on the Platform.
The distribution, modification, transfer, or public communication of the contents incorporated by the User on the Platform that he/she is not entitled to exploit, and any other act that has not been expressly authorized by the holder of the exploitation rights are prohibited. NSIGN.TV is not responsible for the use that each visitor makes of the materials made available on the Website and the Platform, nor for the actions carried out on their basis.
- PRIVACY AND DATA PROTECTION
By using the Website and the Platform, you agree that we may collect and use technical information about the devices on which you use the Platform, hardware, and related devices, to improve our products.
NSIGN assures the User that the collection and processing of his Data complies with the provisions of the current regulations applicable to the processing of personal data and,
specifically, with Regulation (EU) 2016/679 of 27 April 2016 of the European Parliament and of the Council on the protection of personal data (« GDPR ») and Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (« LOPD »).
According to the provisions of the GDPR and the LOPD, the User has the right to request access, rectification, or deletion of their personal data, as well as the right to limit or oppose the processing, to define the guidelines regarding the conservation, deletion, communication and portability of personal data.
NSIGN undertakes to notify the Spanish Data Protection Agency and the User in the event of any possible infringement or breach of security that occurs regarding the data, when so required by the applicable regulations.
- EXCLUSION OF LIABILITY FOR ACCESS TO AND USE OF THE WEBSITE AND THE PLATFORM
NSIGN is obliged to provide the User with the means of access to the Website and the Platform that are the responsibility of NSIGN and that are part of the Website and the Platform. NSIGN shall not be responsible for other means of access that are the responsibility of the Users, such as access to the Internet or the provision of technological means to access the Website and the Platform. All costs incurred by the User to access the Website and the Platform (hardware, software, Internet connection, etc.) are the responsibility of the User. NSIGN assumes no cost for the availability, reliability and continuity of the Website and the Platform, although it will always try to restore the connection as soon as possible and as far as possible to have alternative means available.
NSIGN reserves the right to temporarily suspend access to the Website and the Platform for technical or maintenance reasons, which does not give rise to any right to compensation for the User or third parties.
NSIGN shall not be liable for damages of any sort, whether caused to the User or to third parties, arising from:
- The impossibility of accessing the Website or the lack of truthfulness, accuracy, completeness and/or updating of the contents, as well as the existence of vices and defects of any kind in the contents transmitted, spread, stored, made available, accessed through the Website, the Platform, or the services offered.
- The presence of viruses or other elements in the contents that may cause alterations in the computer systems, electronic documents, or data of the Users.
- Failure to comply with the laws, good faith, public order, traffic uses and this Legal Notice because of the incorrect use of the Website and the Platform. In particular, and by way of example, NSIGN shall not be liable for third party claims that may arise from the actions of Users on the Website and the Platform, through the inclusion of unlawful content and infringement of intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and self-image, as well as regulations on unfair competition and unlawful advertising.
Likewise, NSIGN.TV will also not be responsible for information that is outside the Website and the Platform and is not directly managed by our webmaster.
The Website and the Platform are intended for the business use of the Users. However, NSIGN shall in no event be liable for any loss of profits, loss of business, business interruption or loss of business opportunities of the User.
The User may upload, publish, modify, and broadcast content through the Platform by registering and contracting. NSIGN does not check, control, or know in advance what such content is. NSIGN shall not be responsible, in any case, for such content that the User publishes on the Platform. The User is solely responsible for his/her use of the Website and the Platform, as well as for the content posted therein by the User.
NSIGN shall in no event be liable for any direct or indirect damages arising from the use of the Website and the Platform, the User’s registration account or password by an unauthorized third party.
The Website and the Platform include contents and links to other independent websites that are not provided by NSIGN. Such websites and content are not under the control of NSIGN and NSIGN shall not be responsible in any case, nor has it approved or checked their content or their privacy policies and conditions (if any). In any case, if NSIGN detects that the User has posted content that is unlawful or contrary to law or public order, it may remove it from the Platform without requesting permission from the User.
If our provision of technical support related to the Website and the Platform is delayed by an event beyond our control, we will contact you as soon as possible to inform you and will take steps to minimize the effect of the delay. Once we have provided you with this notification, we will not be liable for any delays caused by the event.
In the event that any User or third party considers that there are facts or circumstances that reveal the unlawful nature of any content and/or the performance of any activity on the Website and Platform, or in the links accessible through them, they must send a notification to NSIGN duly identifying themselves and specifying the alleged infringements.
- CONNECTION, CHANGES AND INTERRUPTIONS OF THE WEBSITE AND THE PLATFORM
We reserve the right to change or modify the Website and the Platform at any time or for any reason, at our sole discretion and without prior notice. NSIGN also reserves the right to modify or discontinue all or part of the Website and the Platform without notice at any time.
To Access the Website and the Platform you must be connected to the Internet. The User acknowledges and agrees that access to and use of the Website and the Platform depend on the proper functioning of the User’s device and Internet connection.
NSIGN may update the Website and the Platform to improve performance, increase functionality, reflect operating system changes or address security issues. The Platform will always conform to the description provided to you upon registration and contracting for its services.
NSIGN shall not be liable to the User or any third party for any modification, suspension or discontinuance of the Website and the Platform.
We cannot guarantee that the Website and the Platform will be always available. We may experience hardware, software or other problems, or have to perform maintenance in connection with the Website and the Platform, which may cause interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue, interrupt or otherwise modify the Website and the Platform at any time or for any reason without prior notice.
The User acknowledges and agrees that we have no liability for any loss, damage or inconvenience caused by your inability to access or use the Website and the Platform during any downtime or interruption thereof.
If NSIGN terminates access to and use of the Platform, the User:
- Shall delete or remove the Platform from all devices in its possession and immediately destroy all copies of the Platform in its possession and confirm this to NSIGN.
To communicate with us, we offer you the following means of contact:
- Phone: +34 93 122 79 36
- Email: email@example.com
- Postal address: AVDA. MADRID 95-97 Entlo 1ª, 08028 BARCELONA
All notifications and communications between visitors and NSIGN.TV shall be considered effective, for all purposes, when made by any of the means listed above.
- NULLITY AND UNENFORCEABILITY OF THE CLAUSE
- GOVERNING LAW