As used in these Terms of Service, the following terms shall have the following meaning:
Client: any user of the www.photontransfer.com website and of the services offered by said website, shall it be an individual or another entity. Clients include Technology Offerers and Technology Seekers.
Services: the Services consist, mainly but not limitatively, in allowing Technology Offerers (i.e., individuals or legal entities that have invented, developed or own a photonic technology):
Technology Ad: the description provided by a Client on the Website, of the photonic technology that the Client wants to transfer. The Technology Ad has two levels of description of the photonic technology: (i) the basic description, whose disclosure shall not be considered as technology dissemination for applying for a patent to protect such photonic technology, and (ii) the detailed description, that which disclosure may only take place once the Technology Seeker has signed a non disclosure agreement.
Website: is the www.photontransfer.com website.
These provisions govern the Website and its use, as well as the terms and conditions of the rendering of Services as described in this Website. This Website is the property of PHOTONEXPORT SCP and has been placed on the internet at the disposal of its Clients.
Access to the Website is free for any internet user, except as regards connection costs through a telecommunications network provided by the supplier engaged by user. Nevertheless, to access to Services, the user has to register and to become a Client.
The Services offered on the Website are a exclusive services on behalf of active Clients only, determined on a case by case basis. A Client becomes active when it registers according to the procedures established in the Website in each particular case. In some cases the Client may be required to confirm the registration by sending an email at the email address given during the subscription process.
In the event any Clients obligations set forth in the Website are not met by a particular Client, PHOTONEXPORT SCP reserves the right to forbid, deny such Client the use of the Website and/or the benefit of the Services offered therein, on a case by case basis, notwithstanding any other actions which may also be available to PHOTONEXPORT SCP. PHOTONEXPORT SCP may also expel a Client from the Website its total discretion.
The use of the Website qualifies a Client as such and implies its acceptance of all the terms and conditions included in the present Terms of Service. Therefore, the Client should carefully read these Terms of Service every time it intends to use the Website.
Some Services available may be subject to additional conditions that may supplement these Terms of Service and should be accepted by the Client before the pertinent Services are rendered and/or engaged. Access to and/or use and/or engagement of such Services and contents indicate the full and unconditional acceptance of the pertinent additional conditions at the time such access and/or use and/or engagement take place.
PHOTONEXPORT SCP reserves the right to unilaterally change, at any time and without prior notice, the subscription and engagement form and conditions of any Services, as well as these Terms of Service and any pertinent additional conditions.
All Clients shall access and use the Website according to these Terms of Service, additional conditions, the law, ethics, moral conventions and/or in good faith, and shall refrain from performing any act of any kind that could have an adverse effect on the Website, and/or any other Clients and/or third parties.
Should PHOTONEXPORT SCP and the Client have signed a specific written agreement altering any aspect of these Terms of Service, this agreement will prevail over the provisions of the Terms of Service.
The Client shall be granted a limited, revocable, nonexclusive, nonassignable, right to access the Services, through a generally available web browser, mobile device or PHOTONEXPORT SCP authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of PHOTONEXPORT SCP), to view contents and information in relation with the Website and/or the Services, to the extent intended and permitted by the functionality thereof, in accordance with these Terms of Service. Any other use of the Website is strictly prohibited and a violation of these Terms of Service. PHOTONEXPORT SCP reserves all rights not expressly granted in these Terms of Services, including, without limitation, title, ownership, industrial and intellectual property rights, and all other rights and interest in the Website and all related items.
The engagement and the rendering of Services shall be subject to what is established on each occasion in the Website and in the present Terms of Services, as in force at the time such Services are rendered.
Clients undertake and warrant that all information that is posted by it/her/him is true, correct and does not violate any third party rights. Clients shall be liable for all and any damages arising from the information provided by them, directly and/or indirectly affecting PHOTONEXPORT SCP and/or any third party, at any time, for any reason, by any means and/or in any manner.
These Terms of Services are in vigor as of July 1st, 2014.
According to the terms and conditions of these Terms of Service, and of the pertinent additional conditions, PHOTONEXPORT SCP reserves the unilateral right to temporarily suspend or definitely terminate the rendering of Services through the Website, as well as to temporarily suspend or definitely terminate the Website
PHOTONEXPORT SCP shall provide the Client with the possibility of having a user name and password, of a personal and untransferable nature, for use by the Client of this Website or the Services offered by the Website. Clients undertake to keep their user names and passwords confidential, and not to allow the use thereof by third parties. Clients therefore, assume liability for any consequences resulting from the infringement of such obligation. Passwords may be changed at the request of PHOTONEXPORT SCP or of the Client. In the event such change is expressly requested by PHOTONEXPORT SCP, Clients shall be given notice of the date on which such password will be deactivated and replaced by a new one.
PHOTONEXPORT SCP shall not be liable for any damage to or loss of income by Clients and/or any third parties as a result of the loss or theft of a user name/password and/or as a result of the use thereof made by a third party.
In order to monitor Client session time, the Website uses cookies while the Client is browsing the Website. Cookies used are not temporary, i.e. they do not disappear when the session ends. Therefore, cookies are stored in the Client’s hard drive and when a session ends the cookie remains. Cookies used by PHOTONEXPORT SCP cannot read the information stored in the Client's hard drive or the cookie files created by other suppliers. Cookies used are not harmful and they are only used during a Client session. Clients may configure their browsers so that a notice appears on their screens when a cookie is received. Please consult browser instructions and manuals to set up such a notice system. Clients need to allow the installation of cookies in order to be able to use the Website. It is considered that the Client has consented to the use of cookies during browsing by clicking "I agree" or "I consent". In the event cookie service and/or Java Script have been deactivated, a notice to this effect will appear on the Website, which will not be functioning adequately.
PHOTONEXPORT SCP is the owner of the www.photontransfer.com domain name and of the Spanish trademark Photon Transfer.
The entire Website, including without limitation, its design, structure and distribution, texts and contents, logotypes, buttons, images, source code, as well as all industrial and intellectual property rights, as well as anything else appearing in the Website, and everything regarding the Services, belong to PHOTONEXPORT SCP. Accordingly, the use, exploitation, copying, reproduction, as well as removal, injury, alteration and/or modification of the Website or of any of its parts is forbidden, without express and previous written authorization from PHOTONEXPORT SCP.
All industrial and intellectual property rights and any other privative concept, including without limitation, contents, documents, texts and summaries published in the Website, as well as images, design, graphics, drawings, buttons, logotypes, brands of the different Website collaborators, as well as the Photon Transfer trademark are privately owned and protected. Accordingly, the use, exploitation, copying, reproduction, as well as removal, damage, alteration and/or modification of any of these elements is forbidden, without express and previous written authorization from the authors and titulars.
PHOTONEXPORT SCP does not claim rights to either the photonic technologies or the industrial and intellectual property described or mentioned in the Website that belong to the Clients. The registering on the Website shall not be understood as a transfer by the Clients of their industrial and intellectual property, and the Client shall keep their industrial and intellectual rights intact.
PHOTONEXPORT SCP shall not assume any liability in the event that any of the Clients' industrial or intellectual property is infringed by a third party and/or other Clients.
By posting a Technology Ad, the Client states that its holds the rights and/or legal capacity required to carry out this posting and it is not violating any rights of anybody whatsoever, and in particular but not limitatively, exclusive rights, intellectual and/or industrial property rights and/or confidentiality agreements signed with third parties.
In the event of a breach of any of the obligations above, the Clients shall hold PHOTONEXPORT SCP harmless from any claim (including reasonable attorney and solicitor expenses), fine, penalty or punishment that may be imposed due to the result of such violation. .
The Clients know and accept that the posting of Technology Ad does not oblige PHOTONEXPORT SCP n to treat the technology described in the Technology Ad as confidential. Once the Technology Ad is posted on the Website, PHOTONEXPORT SCP may keep and use the such information freely.
The Clients also know and accept that they are the only responsible of the contents of the Technology Ads they post on the Website. In case a basic description posted by a Client shall be deemed to be a disclosure of the photonic technology its described, and would prevent the granting of a patent for such technology, PHOTONEXPORT SCP could not in any case be held as liable for such denying of the granting of a patent.
There is no relationship or connection of any kind between in the one hand, PHOTONEXPORT SCP and the Website, and on the other hand, the owners of other websites to which they are linked, if any. Accordingly, PHOTONEXPORT SCP and the Website are not liable for other websites, or for their usefulness, reliability, accuracy, or the contents included therein.
PHOTONEXPORT SCP is not liable for any damage and/or detriment to and/or loss of income by any Client or third party adversely affected as a result of any opinions, representations, data and/or contents of the Website that Clients and/or third parties may directly or indirectly display.
PHOTONEXPORT SCP does not warrant that the Website is going to work constantly, reliably and permanently, without delays or interruptions. Accordingly, PHOTONEXPORT SCP is not liable for any damage and/or detriment to and/or loss of income by any Client or third party adversely affected as a result thereof.
PHOTONEXPORT SCP shall not be liable for any damage and/or detriment brought about to any Client or third party or for any damages borne by any Client or third party directly or indirectly resulting from the use of and/or access and/or connection to the Website and/or websites linked thereto. Accordingly, PHOTONEXPORT SCP shall not be liable for any damage or detriment to any Client or third party or for any loss of income by any Client or third party as a result of the improper functioning, defects, failures of or damage, in whole or in part, to hardware, software and/or computer programs, as well as the loss/alteration of and/or damage, in whole and/or in part, to information contained in magnetic storage devices, discs, tapes, diskettes and other media, as well as for the introduction of computer viruses or any undesired variations or alterations in all information, documents, files, databases, hardware and/or software.
Furthermore, the Client knows and accepts that PHOTONEXPORT SCP may publish the Technology Ads on any social network or in any other website, either owned by PHOTONEXPORT SCP or by third parties. PHOTONEXPORT SCP shall have no responsibility or liability of any kind for those publications. Publication of the demands and technological offers on these social networks and/or websites allows them to be viewed by the general public.
PHOTONEXPORT SCP shall not be liable for any failure in communications, including deletion, incomplete transmission or delayed delivery of information. Furthermore, PHOTONEXPORT SCP shall not be held liable in the event any third party (including social networks) violates the security measures set forth by PHOTONEXPORT SCP and/or circulates and/or transmits computer viruses.
PHOTONEXPORT SCP has adopted all legally required security measures for protecting personal data furnished by Clients. Notwithstanding the above, PHOTONEXPORT SCP cannot ensure the absolute invulnerability of its security systems or the security or inviolability of such data during transmission through the network. Furthermore, PHOTONEXPORT SCP does not warrant the truthfulness or reliability of the information furnished by Clients.
Link devices placed at the disposal of Clients by PHOTONEXPORT SCP are intended to make searching for information available on the Internet easier. PHOTONEXPORT SCP does not ensure that the Website is adequate for performing any service other than the ones which are expressly offered. PHOTONEXPORT SCP does not offer or trade in products and services available through link to other websites or assume any liability for such products or services.
As a service provider, PHOTONEXPORT SCP does not control the use that Clients make of its Services. PHOTONEXPORT SCP is not liable for the use and/or contents of the Technology Ads that Clients may post, or of their violation of the laws, of these Terms of Service and/or of, as the case may be, additional conditions. Accordingly, Clients alone are liable for any consequences that might result from any unlawful use or use that is contrary to the law, these Terms of Service and, as the case may be, the additional condition as well as for the truthfulness and/or lawfulness of the contents of the Technology Ads displayed by Clients.
In the event PHOTONEXPORT SCP would happen to know, by any means, whether directly or indirectly, of the existence of contents posted by a Client that might infringe any laws in effect, morality and public order, or these Terms of Service and/or additional conditions, or that may be used or promote fraudulent, unlawful and/or unauthorized purposes, PHOTONEXPORT SCP reserves the right to suspend, at its discretion, in whole or in part, the rendering of Services, without the Client’s prior authorization, by removing the infringing contents or taking any other measure it deems necessary to avoid the subsistence of the wrongdoing or infringement detected. The Client waives any right to make claims or exercise any right, of any kind, in the event any mistake and/or error is made directly or indirectly by PHOTONEXPORT SCP in evaluating the above situation.
Notwithstanding the above, PHOTONEXPORT SCP reserves the right to inform the administrative and judicial authorities of any events that could constitute an unlawful activity, without any need of prior notice to the Client.
PHOTONEXPORT SCP is not liable for any flaw or interruption in the rendering of the Services which it commercializes and provides and any damages caused by these flaws or interruptions to the extent that the following circumstances occur:
Unforeseeable occurrences, as well as events of force majeure, official measures, failure in telecommunications connections not directly attributable to PHOTONEXPORT SCP shall relieve PHOTONEXPORT SCP from rendering Services while these are in effect.
PHOTONEXPORT SCP and its employees and technical service staff shall try to keep confidential all Client information, to which it is given access by any means, and will not use, disclose or allow it to be used or disclosed. PHOTONEXPORT SCP, at the Client's express and written request, shall make every effort to destroy or return such information.
Any discrepancies, claims and disputes that may arise shall be submitted to the courts of Barcelona.
Spanish law shall be the governing law.
