TERMS OF USE lyntia
See Privacy Policy
See Cookies Policy
TERMS OF USE
1. The www.lyntia.com website
1.1 Visitors and users (the “Users” or the “User”) to/of the website of lyntia Networks, S.A.U. (“lyntia”), URL www.lyntia.com (the “website”), are able to access a wide range of goods, services, and content relating to the operation of telecommunications networks and infrastructure in line with lyntia’s corporate purpose (the “Services”).
1.2 The identifying details of the party responsible for the website are: lyntia Networks, S.A.U., Avenida de Bruselas 24, Planta 1, 28108 Alcobendas, with tax identification number A-61648069, registered at the Commercial Registry of Madrid in Volume 28235, Page 69, Section 8, Sheet number M-508573.
2. Website Terms of Access.
2.1 The following are the Terms of Use (the “Terms of Use”) for accessing and using the services on the website by users. By accessing and using the website the User agrees expressly, in full, and without reservation to all these Terms of Use in their entirety as published on the website at the time of access. Users who do not agree to these Terms of Use must not access or use the website. The website reserves the right to change these Terms of Use at any time by publishing the corresponding notice on the website to notify Users and ensure that they are able to stay seamlessly informed of the contents of the Terms of Use.
2.2 You, as User, state that you are legally an adult or have the requisite legal capacity to be bound by these Terms of Use. Users agree expressly, in full, without reservation, and without exception that they access and use the website, the Services, and the content under their own exclusive responsibility.
3. Contents of the Website.
3.1 By visiting the Website the User agrees, recognises, and accepts that the data and information concerning goods or services and any other data and information contained on the website appear there solely and exclusively for information purposes as preliminary information for the User to consider and may contain errors or inaccuracies or may not be up to date.
3.2 lyntia reserves the right to modify the website’s configuration and the contents and extent of the Services unilaterally, solely at its own discretion, without notice at any time. lyntia further reserves the right to add new Services and content to the website and the right to temporarily or permanently terminate, restrict, suspend, or block access to the Services for the reasons set forth in these Terms of Use.
4. Protection of Personal Data – Read our Privacy Policy here
5. Cookies – Read our Cookie Policy here
6. General representations and warranties.
6.1 lyntia represents and warrants that the website has the necessary technology (software and hardware) to enable it to be accessed and used at the current time. However, lyntia accepts no liability for possible insertion by anyone, by any means, of viruses or other malware capable of causing alterations to the User’s computer systems or for any harm they may cause to the User’s computer systems. The User accepts the foregoing in full and in turn agrees to exercise the utmost care and caution when accessing and using the Services offered on the website. The User must, especially, but not only, observe the security recommendations displayed on the website.
6.2 The User recognises that lyntia has created and developed the website using information from internal and external sources and offers the current version of the website to Users, all in good faith. Nevertheless, the website may contain falsehoods, inaccuracies, material omissions, mistakes, or errors, and consequently lyntia does not guarantee that the website’s contents are correct, accurate, up to date, or complete. The User accordingly discharges lyntia from all liability arising from the website’s reliability or usefulness or from false expectations the website may give the User or elicit during browsing.
6.3 The User guarantees that all activities performed on the website will be in conformity with the law, morality, generally accepted norms, and public policy and that those activities will in no case be detrimental to lyntia’s good reputation and business image or offensive to other Users of the website or third-party service providers. In particular, the User agrees to use the Services properly and with due care and not to use them for purposes that are unlawful or prohibited by these Terms of Use; that violate third-party rights and interests; that may damage, impair, overload, or harm the Services, other party’s computer equipment or the documents, files, or contents of any sort stored on their computer equipment; or that may prevent normal use or enjoyment of the Services by others.
6.4 For instance, the User agrees not to use the Services for purposes that include, but are not limited to, (i) committing identity theft; (ii) violating fundamental rights and public freedoms recognised under national law and international treaties or conventions and, more particularly, transgressing against the dignity, privacy, image, property, or rights of others; (iii) inciting or encouraging actions that are criminal, disparaging, defamatory, or offensive in nature or more generally contrary to law, morality, generally accepted norms, or public policy; (iv) inciting or encouraging discriminatory acts or ideas on the basis of race, sex, ideology, religion, or creed; (v) uploading, making available, or providing access to goods, elements, messages, or services that are criminal, violent, pornographic, or offensive in nature or more generally contrary to law, morality, or public policy; (vi) infringing the intellectual or industrial property rights of others; (vii) breaching laws and regulations concerning the secrecy of communications, advertising, or unfair competition; (viii) using the website maliciously or negligently to transmit email, software, or data (including viruses and malware) that cause or are capable of causing any form of harm or losses to the computer systems of lyntia or other Users or third parties or to falsify the source of the email or other material contained in a file transmitted via the website; (ix) using the information posted on the website for direct marketing or any other purpose; and (x) sending unsolicited bulk messages for any reason.
7. General limitation of liability.
7.1 lyntia makes no representations or warranties of any kind, express or implied, as to the functioning of the website or the information, content, software, materials, or goods contained on the website insofar as permitted under applicable law. Furthermore, lyntia is discharged from making any other warranties, express or implied, including, but not limited to, implied warranties of fitness for any specific purpose. lyntia accepts no liability for any losses arising from use of this website, including, but not limited to, direct and indirect losses.
7.2 lyntia accepts no liability for any direct or indirect losses arising from interruption of the website’s Services or for continuity of the website. Furthermore, lyntia accepts no liability for errors or security breaches that may occur as a result of use by the User of an outmoded or non-secure browser version or for activation of the User’s login or password storage devices registered on the browser or for losses, errors, or inaccuracies resulting from browser malfunction.
7.3 lyntia declines all liability for the legality, content, and quality of products and services offered or marketed by others over the website.
7.4 lyntia makes no warranties of any kind, either express or implied, as to the information transmitted, disseminated, posted, or stored on the website, or as to the use of that information made by Users, their employees, or third parties. In addition, lyntia accepts no liability for the of function by any User or for theft of a third party’s identity by a User.
7.5 Where lyntia can be held liable, it will be liable only for losses actually caused by lyntia directly, and in no case will lyntia be liable for compensation for lost profits.
7.6 The User will be liable for any and all losses lyntia may suffer as a direct or indirect consequence of the User’s breach of these Terms of Use.
8. Hyperlinks to the website.
8.1 A User or an owner of another website interested in creating a hyperlink (the “link”) to the website must agree to abide by lyntia’s rules concerning links on the Web and ensure compliance. These rules are (i) not to create links to web pages or subpages other than the website’s home page; (ii) not to create links that enable the website’s home page to be reproduced in whole or in part; (iii) not to make false, inaccurate, or incorrect statements that could give rise to error or confusion or, more generally, that are contrary to law, morality, or accepted norms next to the link; (iv) not to include any protected trade mark or sign apart from the website’s URL; and (v) not to create links with websites that contain content, statements, or publicity that are racist, xenophobic, pornographic, terrorism affirming, or human rights negating or more generally that may otherwise be detrimental to the business reputation or image of lyntia or its customers. The existence of links to the website from other websites must not be taken to suggest that lyntia has any ties or affiliation with the owners of the websites that contain the links much less that lyntia promotes, endorses, guarantees, or recommends the content of those websites.
8.2 The website may contain links to other websites not operated by lyntia. lyntia declines all liability for the information contained on websites that can be accessed by the links or through search engines on lyntia’s website. Links are used on the website for information purposes only. Therefore, lyntia accepts no liability for and makes no warranties of any kind, express or implied, with respect to: (i) the marketability, suitability, quality, quantity, attributes, source, sales, or any other aspect of the goods or services offered or sold via the website; (ii) direct, indirect, or any other losses caused by the goods or services offered, marketed, bought, sold, or provided via the website; (iii) the prices offered by the sellers or accepted by the Users; (iv) the transactions or dealings carried out between Users and sellers; (v) proper performance of those transactions or dealings; (vi) the terms and conditions stipulated in the transactions and the terms of use and changes to, performance and enforcement, invoicing, methods and means of payment, and termination of the transactions; (vii) assurance of deliveries of the goods or provision of the Services; (viii) the data exchanged; (ix) the contents and use of the personal or other data the sellers collect from Users to attract them and perform the transactions; (x) the contents and use of the personal data lyntia transmits to the sellers solely for them to perform the business relationships initiated; (xi) use of advertising by the Users or use by the Users of their own or others’ distinctive signs.
8.3 All content on the website (including, but not limited to, databases, images and photographs, patents, utility models and industrial designs, drawings, graphics, text, audio, and video files, and software) is the property of lyntia or of the content providers (in which case it has been duly licensed from or assigned by the owners) and is protected under national and international intellectual and industrial property law. The compilation (namely, the collection, design, layout, and editing) of all the content on the website is the exclusive property of lyntia and is protected under national and international intellectual and industrial property law.
8.4 All software employed in designing screen displays and for browsing, using, and developing the website is the property of lyntia or its software providers and is protected by national and international intellectual and industrial property law.
8.5 lyntia’s trademarks, brands, distinctive signs, or logos that appear on the website are the property of lyntia and have been registered or are pending registration. The names of other goods, Services, and companies contained in these Terms of Use or on the website may be trademarks or other distinctive signs registered by their respective lawful owners.
8.6 All texts, graphic designs, videos, or audio media are the property of lyntia or its content providers and may not be modified, copied, altered, transformed, reproduced, adapted, or translated by the Users or third parties without the content owners’ express consent.
8.7 Making the databases, drawings, graphics, images and photographs, text, audio, and video files, and software owned by lyntia or its providers featured on the website available for use by Users does not signify that ownership has been assigned or that the User has been granted any exploitation right other than the right of use inherent to lawful use in accordance with the nature of the website.
8.8 Any use of the contents of the website, the Services, or more generally any of the rights referred to in the preceding sections, including exploitation, reproduction, dissemination, alteration, distribution, any form of transmission, subsequent publication, display, communication to the public, or representation in whole or in part, made without lyntia’s consent is strictly prohibited and will constitute infringement of lyntia’s intellectual property rights under the legislation in force.
9. User-generated content.
The website may allow the User to upload information or materials of different kinds, in which case the User will be the owner of all rights attaching to the information or materials, without prejudice to granting lyntia an irrevocable, perpetual, transferable, worldwide, non-exclusive licence, free of charge or any other consideration in favour of the User or third parties:
- • To reproduce, distribute, transmit, represent, and display the work derived from that submission and communicate or make it available to the public.
• To exercise all trademark, publicity, and other intellectual property rights in relation to the User’s submission.
• To use the User’s name, photograph, likeness, image, voice, or biographical information provided by the User to send information of interest in the framework of the contractual relationship between lyntia and the User.
Users who do not wish to assign those rights must not make any submission to lyntia or upload any content to the Website.
10. Force majeure.
By way of example only, for purposes of these Terms of Use, force majeure is to be understood to mean, but not to be limited to: (i) any non-culpable event that is unforeseeable or, if foreseeable, is unavoidable; (ii) inability to access the different web pages; (iii) electric power or telephone network failures; (iv) harm caused by third parties or attacks on the website server (viruses) that affect the quality of the Services and are not attributable to lyntia or to the User; (v) failures in transmission, dissemination, or storage of the databases and the website’s other content or in making the databases and content available to third parties; and (vi) difficulties or errors experienced by those third parties in receiving, acquiring, or accessing the website or the Services.
11. Suspending access to the website and the Services.
11.1 lyntia will endeavour to keep the website continuously online. Nevertheless, lyntia will be free to perform any testing, monitoring, or maintenance operations of its choosing at any time, irrespective of the procedures and means employed to carry them out. lyntia will make every reasonable effort to notify Users by posting to the website a notice of the maintenance operation or other activity that could affect the website.
11.2 lyntia reserves the right to modify the transmission and tracking capabilities or other technical means or Services used to access or use the website.
11.3 lyntia may suspend the Services temporarily or permanently when any of the following circumstances occur, and doing so will not entitle the User to compensation of any kind: (i) when necessary to perform maintenance work; (ii) when necessary to preserve the integrity or security of the Services provided or of lyntia’s or third parties’ hardware, systems, or networks that affect or may affect the Services; (iii) when justified for operational reasons of lyntia or third parties affecting provision of the Services; (iv) when a cause of force majeure arises, lyntia will endeavour to keep the User informed of the suspension and its causes insofar as possible.
12. Termination.
12.1 Either party may terminate these Terms of Use in case of breach of any of the obligations set forth in these Terms of Use where the breach has not been remedied within thirty (30) days of written notice of that breach, unless remedying the breach is not possible because of its severity.
12.2 lyntia may also terminate the Terms of Use without giving the User any prior notice when: (i) it becomes aware of any unlawful activity by the User via the Services; (ii) the User has breached an essential obligation under these Terms of Use; and the intellectual and industrial property rights in the website are infringed or opposed, all without prejudice to exercising any and all legal actions to which lyntia is entitled in the defence of its interests.
13. Severability.
Should any Clause in these Terms of Use be held to be null and void or unenforceable in whole or in part, only the provision or part of the provision that is null and void or unenforceable will be affected. The remainder of the Terms of Use will continue to remain valid, and the provision or part of the provision concerned will be deemed not to have been included unless it is an essential provision bearing on the Terms of Use in their entirety.
14. Applicable law and jurisdiction.
14.1 These Terms of Use are to be governed by and interpreted under Spanish law.