These terms are intended to govern the use of N+1 corporate website which is currently to be found at the www.nplus1.es URL (hereinafter the “Corporate Website”), notwithstanding the fact that certain services or content within the Corporate Website are subject to their own specific terms and conditions.
N+1 may put in place various authentication systems on the Corporate Website such that the users are authenticated on the Corporate Website via previously requested information or via usernames and passwords.
In the event that N+1 authenticates users via usernames and passwords, both the username and password belong exclusively to the person to whom they were assigned. The user is wholly responsible for keeping both the username and password in complete and absolute confidence, accordingly accepting responsibility for any damage or consequences of any kind resulting from any breach or disclosure.
3. USE OF THE INFORMATION.
The intellectual property rights to the information, data, content, databases, designs, source code, navigational layout and other computer services or products included in the Corporate Website or to which N+1 provides access, as well as any by-product and instruction manuals exclusively belong to N+1, to its suppliers, or to the respective owners as the case may be, by virtue of which the User agrees not to infringe any right stemming from the industrial or intellectual property, with an express prohibition on the whole or partial copying thereof, their public disclosure, distribution, or any form of exploitation, or reverse engineering or transformation, without the express written authorisation of N+1. The user agrees to use said information and services exclusively for his/her own needs and not to directly or indirectly use for commercial purposes the services to which s/he has access or the results obtained via the Corporate Website, without the express authorisation of N+1. The user agrees not to use the facilities and capabilities of the Corporate Website to carry out or suggest any activities forbidden by law or to try and attract users to other competing services. Similarly, the user takes responsibility for ensuring compliance with these terms by all those authorised by him/her to use the service. Moreover, the user agrees to respect the restrictions on the use of each of the services and access to other networks (these restrictions will be notified by N+1 or by the data provider).
4. OPERATION OF THE CORPORATE WEBSITE.
N+1 may make whatever changes it sees fit to the Corporate Website, possibly providing additional services or content to those currently available or, as the case may be, removing them. N+1 may change the Corporate Website whenever it deems necessary and may block access to all or some users thereof so as to make the changes or repairs it deems necessary at any given point in time. In no event shall N+1 be liable for the improper operation of the system where this is due to the improper setup of the user’s hardware or insufficient capacity to handle the computer systems required to use the service. N+1 agrees to do everything possible to keep the information and content on the Corporate Website up to date, although the user acknowledges that there may be inaccuracies in the content and services available on the Corporate Website that, as the case may be, N+1 shall rectify as quickly as possible once it has been made aware thereof.
5. ETHICS AND LIABILITY STEMMING FROM THE USE OF THE INTERNET AND THE CORPORATE WEBSITE BY THE USER.
N+1 shall in no event be liable for any use made of the Corporate Website by the user. The user shall refrain from using the corporate website or the resources made available to him/her in such a way that it infringes the industrial or intellectual property rights of N+1 or of third parties, hurts or damages the honour, personal or family privacy or image of third parties, or that is illegal or immoral, and in any event shall hold N+1 harmless against any claim, whether in court or out of court, brought against it as a result of said use. The user shall refrain from in any way destroying, altering, rendering useless or damaging the data, programs or electronic documents belonging to N+1, its suppliers or third parties, as well as from releasing or spreading on the Internet any programs, viruses, applets or any physical or electronic mechanism that results in, or would be likely to result in, any changes to the Internet, to the system or to any third party hardware. It is expressly prohibited to delete, change emails of other users, send spam, for commercial or advertising purposes, as well as carry out any activity or practice that breaches the principles of good behaviour generally accepted by Internet users.
6. LIABILITY FOR ACCESSING OR ADDING CONTENT THAT CIRCULATES ON THE INTERNET.
The user expressly agrees to release N+1 from any liability stemming from the quality, accuracy, reliability, correctness or morality of the data, programs, information or opinions, regardless of its source, circulating on its network or any networks to which the user may have access via the Corporate Website, as well as the information the user adds to the Internet via the N+1 network, as the case may be. The user is solely responsible for the consequences, damage or actions that could result from access to the content and information as well as from its copying or distribution. N+1 shall not be responsible for any infringement by any user that may affect the rights of any other user, of N+1, or of third parties, including copyright, trademarks, patents, confidential information and any other intellectual or industrial property right. N+1 may remove access to the Corporate Website from Users failing to meet the terms and conditions of use set out in this document.
7. DISTINCTIVE MARKS.
All the distinctive marks, including trademarks, trading names, etc., appearing on the Corporate Website are protected by the applicable laws governing trademarks, by virtue of which users may not copy, communicate, exploit or use them without the prior written authorisation of the holder thereof.
8. CONFIDENTIALITY AND DATA PROTECTION.
In line with the provisions of the data protection regulations, N+1 informs the user of the existence of a file containing the personal details of users who input their details into the Corporate Website created at the behest of N+1 for the purpose of providing information about N+1 and the electricity sector. N+1 similarly informs him/her of the right to access, correct, cancel and challenge personal data contained in said file. N+1 undertakes to comply with its obligation to keep personal data confidential and with its duty to keep it safe, and will take the necessary measures to prevent its alteration, loss, processing or unauthorised access, in any event, in line with the state of the art.
9. DISPUTE SETTLEMENT.
Any dispute that may arise regarding the use of the Corporate Website or the application of these general terms and conditions or their interpretation shall be settled on the basis of Spanish legislation by the Courts sitting in the City of Madrid, to which the parties shall be subject, with express waiver of any other jurisdiction to which they may be entitled.