Terms of Use

1. Your Acceptance

These terms and conditions of use (“Terms of Use”) along with Compettia’s Privacy Policy found at http://www.atrivity.com/en/privacy govern your use of the Ape Software Components SL (DBA Compettia and Atrivity) (“Compettia”) Website and your receipt of any services and information made available through the Website (the “Services”). By accessing the Website or using the Services, you are acknowledging that you have read and understood these Terms of Use and agree, without limitation or qualification, to be legally bound by, and to comply with them. If you do not agree with any or all of the Terms of Use, you are not authorized to use the Website and must immediately cease any use of the Website. To the extent that there is any conflict between these Terms of Use and any separate written agreement you have executed or otherwise entered into with Compettia regarding Services (including, but not limited to, services or information that may be available through the Website) the terms of the such separate agreement shall control. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Compettia may in its sole discretion modify or revise these Terms of Use at any time to reflect changes in applicable laws, regulations, or practices or features of the Services or the Website. In such case, this policy will be updated and posted under the Terms of Use link on the home page of Compettia’s Website. Your continued use of the Services and Website following any such change constitutes your acceptance of the Terms of Use, as changed. Please be sure to check this page before proceeding to use our Services or the Website.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

2. Content; Content Disclaimer

All content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Compettia, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, republished, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the express prior written consent of the respective owners.

Compettia DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT ANY OF THE CONTENT AVAILABLE THROUGH THE SERVICES OR WEBSITE IS ACCURATE, RELIABLE, CURRENT, COMPLETE OR APPROPRIATE FOR YOUR NEEDS. FURTHER, Compettia DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN A SECURE MANNER, ERROR FREE OR UNINTERRUPTED.

3. Ownership

Unless otherwise noted, all right, title and interest in and to the Website and Services, including without limitation Content, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of Compettia. To the extent the Website, Services or Content contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”), Compettia owns all right, title and interest (including copyright) to such information included in the Content, on the Website or in the Services. Compettia reserves all rights not expressly granted in and to the Website, Services and the Content.

4. Use of the Website

Compettia hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  1. in your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations;
  2. you agree not to distribute in any medium any part of the Website, without Compettia’s express prior written authorization;
  3. you agree not to alter, damage, delete or modify any part of the Website or any of its related technologies;
  4. you agree not to use the Website for any commercial use, without the express prior written authorization of Compettia;
  5. you agree not to use or launch any automated system, device, program, algorithm or methodology, including without limitation, “robots,” “spiders,” or “offline readers,” to access, acquire, copy or monitor any portion of the Website, Services or Content;
  6. you acknowledge Compettia reserves the right to modify, delete, or discontinue any aspect of the Website at any time;
  7. you may not scan, probe, or test the Website, nor breach the security on the Website;
  8. you will not disrupt the normal flow of communication on the Website; or
  9. you will not use the Website in any manner that could damage, disable, overburden, or impair Compettia systems, interfere with any other party’s use of the Website, or violate the legal rights of any other party.

You acknowledge and agree that Compettia reserves the right (but disclaims any obligation) to prohibit or restrict conduct on the Website and to edit, block, or remove any content, in whole or in part, which Compettia in its sole discretion believes violates the Terms of Use, or is otherwise objectionable.

5. User Content

By posting or transmitting, imputing or uploading information or content (“User Content”) to the Website, you warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Compettia to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content and (ii) that such User Content does not violate or infringe the rights of any third parties. In addition, you automatically grant Compettia and its affiliates and Website users under your intellectual property rights, a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license (with the right to grant sublicenses) to use, copy, modify, distribute, publicly display, perform and otherwise exploit the User Content without compensation to you.

You agree not to post, input, or upload User Content that

  1. is unlawful, threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation;
  2. contains viruses, worms, Trojan horses, harmful code, or any other element or component that has a capacity or potential to interrupt, destroy, interfere with, permit the unauthorized use of, or limit the functionality of any computer software or hardware, any telecommunications equipment, or any communications network; or
  3. contains any other harmful or illegal component.
6. Modification and Termination

Notwithstanding any provision in these Terms of Use, Compettia reserves the right, in its sole discretion, at any time and from time to time, and without notice, to change, amend, or modify and or terminate, restrict access or cease publishing: (a) the Website; (b) Services; (c) Content; (d) User Content or (e) these Terms of Use. Further, you acknowledge and agree that Compettia may terminate your access to the Website, Services and Content should you fail to comply with these Terms of Use. Any such termination shall be in Compettia’s sole discretion and may occur without notice. Compettia further reserve the right to terminate any user’s access to the Website or Services for any reason as determined by Compettia in Compettia’s sole discretion, without notice.

7. No Duty to Monitor the Website

You understand and agree that Compettia has the right, but not the obligation, to monitor the Website, and to remove Content, including User Content, from the Website for any reason. You further understand and agree that Compettia has the right, but not the obligation to review the content before it is posted to the Website, and to refuse to allow User Content to be posted for any reason. Any and all decisions pertaining to the deletion of content, including User Content, shall be made by Compettia in its sole discretion.

8. No Warranties; Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE, SERVICES AND CONTENT SHALL BE AT YOUR SOLE RISK. THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPETTIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, CONTENT AND WEBSITE AND YOUR USE THEREOF. COMPETTIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, SERVICES, THE WEBSITE’S CONTENT OR USER CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES, CONTENT, WEBSITE OR USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES, CONTENT OR USER CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR ANY SERVICES, CONTENT OR USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPETTIA WEBSITE. COMPETTIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPETTIA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPETTIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. Limitation of Liability

IN NO EVENT SHALL COMPETTIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE, SERVICES OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY SERVICES OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPETTIA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COMPETTIA’S TOTAL LIABLITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED (I) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE WEBSITE OR THE SERVICES, OR (II) ONE THOUSAND DOLLARS ($1,000.00).

YOU SPECIFICALLY ACKNOWLEDGE THAT Compettia SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is available and offered by Compettia from its facilities in Spain. Compettia makes no representations that the Compettia Website is appropriate or available for use in other locations. Those who access or use the Compettia Website from other jurisdictions do so at their own risk with no warranties or guarantees of any kind, and are responsible for compliance with local law.

10. Digital Millennium Copyright Act
  1. If you are a copyright owner or an agent thereof and believe that any materials posted on the Website infringes upon your rights under copyright laws, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (as identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Copyright Agent:

Francesc Caballero

Alcalde Barnils, 72

Sant Cugat del Vallès, 08174

Barcelona, Spain

Email: support@compettia.com

 

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

  1. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boston, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Compettia may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Compettia’s sole discretion.

11. Indemnity

You agree to defend, indemnify and hold harmless Compettia, its subsidiaries, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Compettia Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Compettia Website.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Compettia without restriction.

13. Waiver of Right to Sue

You hereby release Compettia, its affiliates and their respective officers, directors, employees and agents, from any and all claims, demands, damages (actual and consequential) of every kind nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website, Services or Content, or arising in any way from User Content posted to the Website.

14. Force Majeure

In addition to the applicable disclaimers identified herein, Compettia’s performance under these Terms of Use shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of third party information providers, third party software errors or failures of communications interruptions or failures.

15. General

You agree that: (i) the Website shall be deemed solely based in Spain; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Compettia, either specific or general, in jurisdictions other than Spain. These Terms of Use shall be governed by the internal substantive laws of Spain, without respect to its conflict of laws principles. Any claim or dispute between you and Compettia that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Barcelona, Spain. These Terms of Use, together with the Privacy Notice at http://www.compettia.com/en/privacy and any other legal notices published by Compettia on the Website, shall constitute the entire agreement between you and Compettia concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Compettia’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Compettia reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND COMPETTIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: May 19, 2017