These general conditions regulate the use of the service(s) associated with the Web Platform https://www.eclipticenterprises.com/ (hereinafter, «the Platform»), under the ownership of ECLIPTIC ENTERPRISES CORPORATIONS (hereinafter, «ECLIPTIC» or «we»), an entity with registered office at 398 W. Washington Blvd, Suite 100 Pasadena, CA 91103, United States, with Federal ID number 95-4845890 and California ID number 2332949.
1.1. Platform Users
The navigation and use of the Platform confers the condition of user of the same and implies full and unreserved acceptance of each and every one of the provisions included in these General Conditions of Use, according to the version published by Ecliptic at the time the user accesses the Platform. In any case, users of the Platform, registered or not, must have at least (18) years of age being prohibited its use by other users under that age, so you assume responsibility for compliance with this condition, declaring to have the minimum age to access and use the Platform. Ecliptic may, at any time, request any supporting documentation necessary to verify proper compliance with this condition. Ecliptic, in case of violation by users of the terms and policies to which the Platform is subject, may prevent access to it to the user, as well as suspend the services that were being provided or, if any, disable user accounts, without this determining the right to any refund or monetary compensation for them.
Modification of conditions
The declaration of any of the conditions of use as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall continue to be binding between the parties. Likewise, the waiver by any of the parties to demand, at any given time, the fulfillment of any of these conditions, will not imply a general waiver of the fulfillment of any other condition or conditions imposed, nor will it generate an acquired right for the other party.
Access to the contents of the Platform has, in principle, an indefinite duration. Ecliptic is authorized to terminate or suspend the provision of services or the development of actions through the Platform at any time, while fully respecting the applicable regulations in these cases. When reasonably possible, Ecliptic, previously warn through the Platform of the termination or suspension in the provision of services provided through the same.
2. GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM.
Through the Platform, Ecliptic provides users with information, request, access and/or use of services or content (hereinafter, the «Service» or the «Services»), developed or made available by Ecliptic under the terms and conditions provided for each case.
2.1. Free access to and use of the Platform.
Access and / or navigation through the Platform by users is free of charge, which is without prejudice to the remunerated nature of the services that may be available through the Platform under the terms and conditions established by Ecliptic.
2.2. Navigation, registration and data forms
In general, access or initial navigation through the Platform does not imply or determine the prior subscription or registration of users. However, Ecliptic may condition the provision of certain services, or access to content offered through the Platform, to the prior registration of the user in the same, as well as the completion by the user of the corresponding data forms. Ecliptic reserves the right to modify unilaterally and at any time, the registration system or data forms provided on the Platform for legal, technical, corporate or according to those processes of self-regulation to which it may be subject.
Truthfulness, accuracy and timeliness of the information provided by the user.
The data entered by users in the corresponding registration forms or in the data collection forms provided through the Platform must be, at all times, accurate, current and truthful and will be processed by Ecliptic, in accordance with Spanish legislation on personal data protection (in the case of personal data). The user (or his legal representative) shall be solely responsible for any false, inaccurate or outdated statements made and for any damages caused to Ecliptic or third parties as a result of a breach of this duty.
2.4. Obligation to make correct and responsible use of the Platform and the Services.
3. USES THAT ARE NOT PERMITTED
The user agrees to use the content and services made available to them on the Platform, meaning these, without this list having a limiting character, texts, graphics, images, icons, technology, software, links and other digital, audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the «Contents»), in accordance with the law, these conditions of use, the particular conditions of the services and other notices, regulations of use and instructions made known to you, as well as with morality and generally accepted good customs and public order. In particular, you agree to refrain from:
(a) Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the services and contents, unless authorized by the holder of the corresponding rights or it is legally permitted;
(b) Delete, manipulate or in any way alter the copyright and other data identifying the reservation of rights of Ecliptic or third parties.
(c) Exercise or abuse the exercise of the exploitation rights associated with such contents, unless it has been expressly authorized for that purpose by its legitimate owner and, where appropriate, to do so under the conditions expressly agreed in this regard. All trademarks, names, distinctive signs, content architecture (design, navigation, arrangement and taxonomy of the Platform and its contents, etc.) and content or software of any kind that are incorporated into the Platform are owned by Ecliptic, or third parties, without it being understood that the use or access to the Platform and / or content or services, gives the user any right to such trademarks, trade names and / or distinctive signs, as well as any other elements available through it. In short, the contents and other services are under the intellectual or industrial property of Ecliptic, or third parties, without being transferred to the user, under the provisions of these conditions of use or services, any of the rights that apply or may apply to them, beyond what is strictly necessary for the proper use or access to the Platform and services and content (not sub-licensable use to third parties by the characteristics of the service and other associated legal requirements) that, through the same, are provided or could be provided to the user.
5. HYPER LINKS.
Users and, in general, those persons who intend to establish a hyperlink between their web page and the Platform (hereinafter, the «Hyperlink») must comply with the following conditions:
1. The Hyperlink will only allow access to the home-page or home page of the Platform, but may not reproduce them in any way which includes the prohibition to reproduce or link to specific content or services of the Platform without the express written permission of Ecliptic;
2. A frame shall not be created on the Platform’s web pages;
3. No false, inaccurate or incorrect statements or indications shall be made about Ecliptic, its senior officers, employees or collaborators, or regarding the content or services provided, either directly or indirectly;
4. It shall not be stated or implied that Ecliptic or any other third party present on the Platform, has authorized the Hyperlink or has supervised or assumed in any way the services offered or made available on the website where the Hyperlink is established. Except for those signs that are part of the same Hyperlink, the website on which the Hyperlink is established shall not contain any trademark, name, label, name, logo, slogan or other distinctive signs belonging to Ecliptic or third parties that relate to it, in particular, those visible through the Platform;
5. The web page on which the Hyperlink is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, especially with respect to the disabled or especially vulnerable persons such as minors or the elderly, nor shall it contain content that violates any rights of Ecliptic or third parties.
The establishment of the Hyperlink does not imply, in any case, the existence of relations between Ecliptic and any third party included or existing in the Platform, on the one hand, and the owner of the website in which it is established, on the other hand, nor the acceptance and approval by Ecliptic or such third parties, of its contents or services. In any case, Ecliptic, may, at any time, urge persons who have established a hyperlink between your website and the Platform, to remove the same, subject to any legal and / or judicial actions that may correspond.
6. EXCLUSION OF WARRANTIES AND LIABILITY
We try to request or apply the minimum and essential data to carry out the processing of personal data that we carry out in full development of our object and social purposes. All this in accordance with the principles contained in the applicable regulations. However, failure to provide your personal data may result in the impossibility to: 1) correctly browse our website (disabling technical cookies); 2) process your specific request or application (for example, due to the lack or insufficient completion of the corresponding form or application). In any case, the information and personal data you provide us, depending on each case, must be in any case sufficient, although adjusted, limited and provided to the forms of the platform; 2) accurate, updated and truthful, in order to adequately verify your identity and to be able to access the services of the platform. Users shall be fully responsible for the data and personal information they provide to Client within the framework of the platform and, if applicable, for the services they require or contract from us.
DO WE SHARE YOUR PERSONAL DATA WITH THIRD PARTIES?
Ecliptic does not guarantee the availability and continuity of the operation of the Platform and the services provided through the same, whether owned or third parties. When reasonably possible, prior notice of interruptions in the operation of the Platform, access to its contents, or the provision of services that apply. Nor does Ecliptic guarantee the usefulness of the Platform and the content and services made available through the same for the performance of any specific activity or purpose intended by the user thereof. Ecliptic does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system, although it will adopt the necessary preventive and corrective measures in this area. Ecliptic does not absolutely guarantee the truthfulness, accuracy, completeness, timeliness, legality, reliability and usefulness of the contents and services of the Platform, in particular, those provided, offered, advertised or transferred by third parties outside this entity.
Ecliptic may make available to users through the Platform technical linking devices (such as, among others, links, banners, buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties (hereinafter «Linked Sites»). The installation of these links, directories and search tools on the Platform has the sole purpose of facilitating users’ search and access to information, content and services available on the Internet. The results of search tools are provided directly by third parties and are the result of the automatic operation of technical mechanisms, so Ecliptic, can not control and does not control these results and, in particular, that among them appear Internet sites whose content may be illegal, contrary to morality or decency or otherwise considered inappropriate. Ecliptic as a mere provider of information society services does not assume, nor directs or controls, nor is identified in any way with the opinions, comments or actions associated with users, nor holds any editorial activity in this area. The user (and, where appropriate, their respective legal representatives) shall be solely responsible for such opinions, comments or actions through the Platform. Ecliptic does not assume, share or assist, in any way, in the actions intended or carried out by users of the Platform. Users (and, where appropriate, their respective legal representatives) shall be solely responsible for the actions or measures intended, undertaken or adopted on the basis of the information accessed or transmitted through the Platform, on a basic basis, by other users of the same.
7. PROCEDURE IN CASE OF UNLAWFUL ACTIVITIES
In the event that any user, person or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any service and content provided through the Platform, or that their rights and legitimate interests have been violated may send a notice to Ecliptic, through any means valid in law in which, at least, the following points are contained:
(a) Claimant’s identification and contact data: name and surname, postal and electronic address (e-mail) for notification purposes, national identification document, passport or equivalent legal document (including copy or photocopy thereof), and contact telephone number.
(b) Specification of the alleged unlawful activity carried out on the Platform.
(c) In the case of an alleged violation of intellectual or industrial property rights, precise indication of these, the supporting documentation in relation to these (if any), indication of the contents or elements protected, as well as their specific location on the Platform, if any;
(d) Sufficient powers of representation (legal or voluntary). Depending on the case, Family Book and ID card, passport or equivalent document proving the identity of the legal representative (in the case of legal representative of a minor), sufficient powers of representation (in the case of voluntary representatives of the claimant or affected person).
(e) Express declaration, clear and under the responsibility of the claimant, that the information provided in the notification is accurate and of the unlawful nature of the use of the contents or the performance of the activities described.
(f) Handwritten or electronic signature of the claimant or affected person on whose behalf he/she is acting and date. Ecliptic, in these cases, will examine the notification sent and its accompanying documentation and, as soon as possible, will reply to the claimant (or his legal representative or volunteer, as the case may be), without prejudice to its right to block or remove, temporarily or permanently, at any time, and without prior notice to the user contents, opinions, comments or any information or element subject of the claim or related to it.
8. WITHDRAWAL AND SUSPENSION OF SERVICES AND CONTENTS.
Likewise, Ecliptic reserves the right to block and remove from the Platform, at any time, without prior information to the user, the publication of data, elements, assessments, comments, opinions and, in general, any content that is or may be contrary to the applicable law, to the rules and to its own policies and conditions.
In any case, Ecliptic reserves the right to take any legal or judicial action that may be appropriate against such actions.
9. LEGISLATION, APPLICABLE JURISDICTION.
These conditions are governed in each and every one of its ends, by the applicable Spanish law, resulting from Platform, in case of conflict or divergence in the interpretation and / or execution of the same, or any other of the particular conditions provided in the Platform, waiving any other jurisdiction that may correspond to the parties, the competent courts of Madrid.