TERMS AND CONDITIONS
1. Access and security
Access to the Services requires users to register and accept the Privacy Policy; they will then be considered Clients.
The Client’s identifier consists of their email address and a password. To access their account, the Client must enter this identifier and a password containing at least four characters.
The password is personal and non-transferable and may not be disclosed to third parties, even temporarily. The Client agrees to use it diligently and keep it secret, and accepts responsibility for the consequences of disclosing it to third parties.
If the Client knows or suspects that a third party is using their password, they must change it immediately using the method provided on the Website.
2. Proper use of the Services.
The Client agrees to use the Services diligently, properly and lawfully and, in particular, without limitation, to refrain from:
(a) using the Services in any way, for any purpose or with any effect that is contrary to the law, generally accepted morals and good practices, or public order;
(b) reproducing or copying, distributing, making the Services available to the public by any means of public communication, transforming or modifying them, unless authorised by the relevant rights holder or permitted by law;
(c) carrying out any act that may infringe intellectual or industrial property rights belonging to Nogar Estudio or third parties;
(d) using the Services, and in particular any information obtained through the Website, to send advertising, direct-sales communications or other commercial messages, unsolicited messages to multiple recipients regardless of their purpose, or to market or disclose that information in any way;
The Client shall be liable for any loss or damage suffered by Nogar Estudio as a result of failing to meet any of the obligations above, any other obligations in these General Terms and Conditions, or obligations imposed by law in connection with use of the Website.
Nogar Estudio will uphold the applicable legal system at all times and may, at its sole discretion, suspend the Service or exclude the Client from the Website if it suspects that the Client has committed, or attempted to commit, an offence under the applicable Criminal Code, or if it observes conduct that it considers contrary to these General Terms and Conditions, the Website’s General Terms of Contract, the law or rules established by Nogar Estudio or its partners, or conduct that may disrupt the proper operation, image, credibility or reputation of Nogar Estudio or its partners.
3. Disclaimer of warranties and liability
Without prejudice to the General Terms of Contract governing the purchase of goods on this Website, Nogar Estudio accepts no responsibility for the truthfulness, accuracy or quality of this Website, its services, information or materials. They are provided “as is” and are accessible without warranties of any kind.
Nogar Estudio reserves the right to suspend access to the Website and the provision of any or all Services available through it at any time and without prior notice, for technical, security, monitoring or maintenance reasons, power failures or any other justified cause.
Accordingly, Nogar Estudio does not guarantee the reliability, availability or continuity of its Website or Services. The Client uses them at their own risk and may not hold Nogar Estudio liable on these grounds.
Nogar Estudio shall not be liable for interruptions to the Services, delays, errors, malfunctions or other issues caused by circumstances beyond its control, by wilful or negligent acts of the Client, or by events of chance or force majeure. Without prejudice to Article 1105 of the Spanish Civil Code, force majeure for the purposes of these General Terms and Conditions includes events beyond Nogar Estudio’s control, such as failures by third parties, operators or service providers; acts of government; loss of access to third-party networks; acts or omissions by public authorities; natural events and power cuts; and attacks by hackers or other parties specialising in the security or integrity of computer systems, provided Nogar Estudio has adopted reasonable security measures in line with the state of the art. Whatever the cause, Nogar Estudio accepts no liability for direct or indirect damage, actual loss or loss of profit.
Nogar Estudio accepts no liability for any loss or damage arising from a lack of truthfulness, accuracy, completeness or currency in Services transmitted, distributed, stored, made available, received or accessed through the Website, or in services provided or offered by third parties or entities. Nogar Estudio will make reasonable efforts to update and correct information on its Website that does not meet minimum standards of truthfulness. However, it accepts no liability for failing to update or correct such information or for content and information published on the Website. Nogar Estudio is not required to monitor, and does not monitor, content transmitted, distributed or made available to third parties by Clients or partners, except where required by applicable law or by a competent judicial or administrative authority.
Nogar Estudio likewise accepts no liability for any loss or damage caused by viruses or other harmful elements in content that may affect computer systems or the documents and systems stored on them.
Nogar Estudio accepts no liability for the Client’s use of the Website Services, passwords or other materials in a way that infringes intellectual or industrial property rights or any other third-party rights.
The Client agrees to indemnify Nogar Estudio against any loss, damage, penalty, expense (including, without limitation, legal fees) or civil, administrative or other liability suffered by Nogar Estudio in connection with the Client’s failure to comply, or partial or defective compliance, with these General Terms and Conditions or applicable law, particularly the Client’s obligations concerning personal data protection under these terms, the Spanish Data Protection Act (LOPD) and its implementing regulations.