Conditions of service
The present terms and conditions of use apply to the website 100startups.es, managed by INSOMNIA CONSULTING, S.L. (hereinafter, INSOMNIA), the entity owning the web domain https://100startups.es (hereinafter WEBSITE).
The users of the WEBSITE are any person who accesses the domain or visits the page, regardless of whether or not they are registered.
This legal notice is structured into the following contents:
1. General information
2. Purpose of the website
3. Terms and conditions of use of the website
4. Intellectual and industrial property
7. Modification of the website
8. Applicable legislation and jurisdiction
The purpose of this legal notice is to comply with all the obligations to which an information society service such as the one provided by the WEBSITE is subject, and to establish the terms and conditions that regulate the access to and use of this website.
1. General information
1.1. Identifying data
In compliance with the duty of information established in Article 10 of Law 34/2002 of 11 July on the Information Society and eCommerce, you are hereby informed that:
The 100STARTUPS project arose as a result of a public-private partnership between ICEX and INSOMNIA.
INSOMNIA is the designation of INSOMNIA CONSULTING, S.L., the entity owning the present website. The registered address of INSOMNIA is Calle Moll de Ponent s/n Base 2 – 46024 – Valencia.
Its company tax ID number (CIF) is B-97549174.
Insomnia Consulting, S.L. is a company registered before the Notary of Valencia, Mr José Corbí Coloma, on 26 January 2005, no. 216 of his records, entered in the Valencia Companies’ Registry in Volume 8,040, Book 5,333, Folio 33 Sheet V-102.042, 1st entry.
· Tel.: 960500601 · Email: firstname.lastname@example.org
ICEX is the designation of the public company ICEX España Exportación e Inversiones, E.P.E., M.P., with registered office in Madrid, at Paseo de la Castellana 278 and affiliated to the Ministry of Industry, Trade and Tourism through the State Secretariat for Trade.
Its company tax ID number (CIF) is Q-2891001-F.
1.2. Ownership of the WEBSITE
INSOMNIA is the EXCLUSIVE owner of the WEBSITE it provides for the users.
2. Purpose of the website
The purpose of the WEBSITE is to act as a platform providing information on the 100startups initiative and on the activities, events or meetings that may take place within the framework of this initiative, and to serve as a tool for managing the registrations of the participating companies.
3. Terms and conditions of use of the website
3.1 General policy
The WEBSITE and its services are freely accessible and free of charge. However, INSOMNIA may condition the use of some of the services offered on its website to the prior completion of the corresponding form.
The user guarantees that all the data they provide to INSOMNIA and to ICEX are authentic and up to date, and they shall be solely responsible for any false or inaccurate statements they may make.
The user undertakes expressly to make proper use of INSOMNIA’s contents and services and not to use them, among others, to:
a) Disseminate any contents that are illegal, violent, pornographic, racist, xenophobic, offensive, that support terrorism, or in general, are contrary to the law or to public order.
b) Introduce computer viruses in the network or perform actions liable to alter, damage, interrupt or generate errors or damage in the electronic documents, data or physical and logical systems of INSOMNIA or of third parties; and hinder access by other users to the website and its services through the mass consumption of the IT resources through which INSOMNIA provides its services.
c) Attempt to access other users’ email accounts or restricted areas of the information systems of INSOMNIA or third parties and possibly extract information.
d) Violate intellectual or industrial property rights, and the confidentiality of information belonging to INSOMNIA or to third parties.
e) Fraudulently assume the identity of another user.
f) Reproduce, copy, distribute, make available, or in any other manner publicly communicate, transform or modify the contents, without the authorisation of the owner of the corresponding rights or unless it is legally permitted.
g) Gather data for advertising purposes, and send any type of advertising and communications with the intention of selling, or other communications of a commercial nature without any prior request or consent.
All the contents of the website, such as text, photographs, graphics, images, icons, technology, software and its graphic design and source codes, constitute a work whose ownership corresponds
to INSOMNIA, and the rights of use over these elements shall not be understood as being transferred to the user beyond what is strictly necessary for the correct use of the website.
In summary, the users who access this WEBSITE can visualise the contents and optionally make authorised private copies provided that the elements reproduced are not subsequently transferred to third parties, nor installed on servers connected to networks, nor are the object of any type of commercial use.
Additionally, all the trademarks, brand names and distinctive signs of any type that appear on the website are the property of INSOMNIA and ICEX, and the use of or access to these elements shall not be understood as conferring any right over them to the user.
The distribution, modification, transfer or public communication of the contents, and any other act that has not been expressly authorised by the owner of the rights of use, are prohibited.
The establishment of a hyperlink in no case implies the existence of a relationship between INSOMNIA or ICEX and the owner of the WEBSITE in which it is established, nor the acceptance and approval of its contents or services by INSOMNIA or ICEX.
Neither INSOMNIA nor ICEX shall be liable for the use made by each user of the materials available on this WEBSITE, nor for any actions this user may take based on them.
3.2 Exclusion from guarantees from liability in access and use
The content of the present WEBSITE has a general character and is merely for the purposes of information; it does not fully guarantee the access to all the contents, nor their completeness, correctness, validity or up-to-dateness, nor their suitability or usefulness for a specific purpose.
INSOMNIA , insofar as it is permitted by the legislation, shall be excluded from any liability for damages of any kind deriving from:
a) The impossibility of accessing the website or the lack of veracity, accuracy, completeness and/or up-to-dateness of the contents, and the existence of errors and defects of any kind in the contents transmitted, disseminated, stored, made available, and that have been accessed through the website or through the services offered.
b) The presence in the contents of viruses or other elements that may cause alterations in the users’ computer systems, electronic documents or data.
c) Failure to comply with the laws, good faith, public order, customs of trade and the present legal notice as a result of the incorrect use of the website. Specifically, and by way of example, INSOMNIA shall not be held liable for the actions of third parties who violate intellectual and industrial property rights, business secrets, rights to honour, to personal and family intimacy and to their own image, and regulations on unfair competition and illegal advertising.
Furthermore, INSOMNIA declines any liability in regard to the information outside this website and that is not directly managed by our webmaster. The function of the links that appear on this website is exclusively to inform the user of the existence of other sources that can expand on the contents offered by this website. INSOMNIA does not guarantee nor shall be held liable for the operation or accessibility of the linked websites; nor does it suggest, invite or recommend visiting these websites, and hence shall not be held liable for the result obtained. INSOMNIA shall not be held liable for the establishment of hyperlinks by third parties.
3.3 Procedure in the event of illegal activities.
In the event that any user or third party considers there are facts or circumstances that suggest the illegal use of any content and/or the engagement in any activity on the web pages included on or accessible through the WEBSITE, they should send a notification to INSOMNIA duly identifying themselves and specifying the alleged violations.
The administrative information provided through the WEBSITE is not a substitute for the legal proclamation of laws, regulations, plans, general provisions and acts that must be formally published in the official bulletins of the public authorities, which represent the sole instrument that confirms their authenticity and content. The information available on this website should be understood as a guide without purporting to have any legal validity.
3.5 Veracity of the information
All the information provided by the user must be authentic and truthful. This applies specifically to the email address the user conveys to INSOMNIA. In any case, the user shall be solely responsible for any false or inaccurate statements they may make and for any possible harm caused to INSOMNIA, ICEX or to third parties due to the information they provide.
4. Intellectual and industrial property
The WEBSITE and its different constituent elements and contents such as photographs, graphic designs, trademarks, logos and other distinctive signs, texts, videos or software, and any other elements eligible for protection, are subject to intellectual and industrial property rights of which the exclusive owner or assignee, with the scope required, is INSOMNIA or ICEX or both, in the case of trademarks, or else a third party, without this implying any transfer or transmission of any intellectual or industrial property right over the WEBSITE or over any of the integrating elements in favour of the user.
The user is expressly prohibited from carrying out acts of reproduction, distribution, transformation, public communication, making available, extraction, reutilisation, forwarding or commercial use by any other means or procedure of the WEBSITE or of its component elements, except where permitted by law, by licences for the material or through the express written authorisation from INSOMNIA or, as the case may be, from ICEX.
The user may visualise and obtain a temporary private copy of the contents available through the WEBSITE for their exclusive personal and private use in their computer systems, provided this is not for the purpose of developing activities of a commercial or professional nature. The user shall abstain from eluding or attempting to elude any technological measures adopted by INSOMNIA to restrict acts that do not have its authorisation, or the authorisation of third-party owners of rights over trademarks or other distinctive signs, works or protected features accessible through the WEBSITE. The user is obliged to respect in all cases all the intellectual and industrial property rights over the WEBSITE, whether owned by INSOMNIA or by third parties.
INSOMNIA shall not be held liable for any illegal or unauthorised use that the user may make.
5.1 Links from other websites to the WEBSITE. Hyperlinks.
Any user intending to establish a hyperlink between their web page and the WEBSITE (hereinafter designated a hyperlink) must comply with the terms established in these conditions of use. The inclusion of a hyperlink under any terms other than those specified below will require prior written acceptance from INSOMNIA.
INSOMNIA authorises only the hyperlink that redirects to the WEBSITE, but this hyperlink shall in no case imply the total or partial reproduction of the WEBSITE.
The user may not reproduce or imitate on their web page the totality or part of the WEBSITE, and specifically they may not reproduce or imitate the form of presentation or arrangements of the contents of the WEBSITE in such a way that it may lead to a risk of association or confusion between the WEBSITE and the user’s web page.
It is prohibited to use frames and inline or deep links to the WEBSITE that lead to confusion and that may attribute the ownership of contents to an entity other than INSOMNIA, nor is authorisation granted to create an environment or browser bar on the contents of the WEBSITE.
Links are authorised from other websites to 100startups.es for the purpose of disseminating the activities of this project and promoting participation in it.
The declaration or direct or indirect suggestion of the existence of a relationship of collaboration, joint venture or business association of any type between the user’s web page or company with INSOMNIA is prohibited. In this regard, the user shall abstain from presenting the contents provided on the web page where the hyperlink is incorporated as contents that have been authorised, approved or supervised by INSOMNIA.
The web page on which the hyperlink is established may not contain any distinctive sign, including names, logos or slogans, that identify INSOMNIA, with the exception of the names that form part of the link itself.
The website hosting the hyperlink may not contain information or content that is illegal, contrary to morality or to generally accepted good customs and public order, nor may it host contents that breach any third-party rights.
In any case, INSOMNIA reserves the right to prohibit or disable, at its own discretion, and at any time, any hyperlink to its WEBSITE. The user is obliged to modify or immediately remove from their web page any hyperlink, content or distinctive sign owned by INSOMNIA if requested.
6. Exclusion from liability
INSOMNIA does not guarantee the availability and uninterrupted operation of the website and the services, without prejudice to the fact that, when possible, INSOMNIA shall provide prior notice of any interruptions to the operation of the website and the services.
INSOMNIA shall be excluded, with all the scope contemplated in the current legislation, from all liability for damages of any kind that may be attributed to the lack of availability or continuity of the website, to the dissatisfaction with the utilisation that the users may potentially attribute to the web page and to the services, to their fallibility, and particularly, although not exclusively, to the failures in access to the various web pages on the site or to any pages from which the services are provided.
6.1. Privacy and security in the use of the website and the services
INSOMNIA does not guarantee privacy and security in the use of the website and the services, and in particular, does not guarantee that unauthorised third parties may not have knowledge of the type, conditions, characteristics and circumstances of use that the users make of the website and of the services. INSOMNIA shall be excluded from any type of liability, with all the scope contemplated in the current legislation, for damages of any kind that may be due to the possible knowledge by unauthorised third parties of the type, conditions, characteristics and circumstances of use that the users make of the website and the services.
6.2. Exclusion of INSOMNIA from guarantees and from liability in the website
INSOMNIA does not monitor or guarantee the absence of viruses or any other elements in the contents that may produce alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
INSOMNIA shall be excluded, with all the scope permitted by the current legislation, from any liability for damages of any kind that may be due to the presence of viruses or of other elements in the contents that may produce alterations in the users’ computer system, electronic documents or files.
In compliance with the specifications of the current data protection regulations, the personal data collected in the WEBSITE through the forms provided for this purpose (name and surname, email, city, country, company name) shall be incorporated in a file co-owned by INSOMNIA and ICEX in order to process the user’s participation in 100Startups. The legal basis for the processing is your consent, and the data shall be maintained for as long as you are a user of the platform, and subsequently for the time necessary to respond to any possible legal liabilities that may have arisen from the relation.
Furthermore, if you do not express your opposition by ticking the box specifically provided for this purpose, and based on legitimate interest and on the existence of a prior relation, your data may be used by the co-owners of the file to send you communications by any means, including electronic means, to maintain you informed of new developments in the products and services of INSOMNIA and ICEX that may be of interest to you. Your data will be processed for this purpose indefinitely until you oppose this or request the suppression of your data.
The tools used to send communications by email will include links and transparent thumbnails that will be associated with your email address. Therefore, when one of these images is downloaded or when the links contained in the email are accessed, the sender can know for statistical purposes whether the email has been opened or whether you have accessed any of the links from that email. The user can avoid these uses by setting their email manager or program to prevent the automated downloading of images, and by not accessing the links included in the emails they receive. In each communication, the user may express their opposition to receiving this type of information by the means of contact indicated in order to unsubscribe.
Users are acknowledged to be endowed with, and may exercise at any time, rights to access, rectification, suppression, opposition, limitation and portability of their data, for which they must send a letter or email, attaching a copy of their Spanish ID card or any other equivalent identity document, to the data protection officer at INSOMNIA and/or ICEX, to any of the following email addresses:
To facilitate the exercise of their rights, it is very important for users to clearly identify themselves in their request as the user of this website and to supply the same data provided on the website.
Models, forms and other information on your rights are available on the website of the Spanish Data Protection Agency www.aepd.es. If you consider that your right to data protection has been breached, you can lodge a complaint before this authority or before the Data Protection Officer of INSOMNIA and/or of ICEX through the aforementioned addresses.
8. Modification of the website
INSOMNIA reserves the right and the capacity to renew, modify or transform the WEBSITE and the elements contained on it without the need to previously inform the users.
9. Applicable legislation and jurisdiction
The general and particular terms and conditions of use of the WEBSITE and the relations established between INSOMNIA and the user shall be governed by the current Spanish legislation.
Any disputes that may arise between INSOMNIA and the user shall be submitted to the Courts and Tribunals of Madrid.