iToo Forums Terms & Conditions
This Conditions of Use shall be applicable as of July 15th, 2021.
Conditions of Use
Please read these Terms of Service and Conditions carefully before using IToosoft Forum Services (The Forums).
These Terms of Service and Conditions set forth a binding agreement (the "Agreement") between you and ITOOSOFT, S.L. ("ITOO", "we", "us", "our", or "The Forums owner"). These Terms of Service govern your use of the Forums.
Please be sure to read them, because by using The Forums, you signify your agreement to be bound by these Terms of Service. By using the Forums you will also be subject to these ITOO's General Terms and Conditions, as well as ITOO's Privacy Policy and Cookies Policy. If these Conditions of Use are inconsistent with the Service Terms and/or the Privacy Policy or Cookies Policy, those Service Terms, Privacy Policy and Cookies Policy will control (collectively, "Terms of Service").
The Forums are held by ITOOSOFT S.L. (The Forums owner), that is registered in Spain, with VAT number B72169600 and registered offices at Plaza Herrería nº 6, 1º - Despacho A&B, 11500 El Puerto de Santa María, Spain.
1. License and Access
Subject to your compliance with the Terms of Service, The Forums owner grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access to The Forums. This license does not include any commercial use of The Forums or its contents; any derivative use of any The Forums or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms of Service are reserved and retained by The Forum s owner.
You may not misuse The Forums. You may use The Forums only as permitted by the Terms of Service and law. The license is granted at the sole discretion of The Forum owners, and shall terminate, in its sole discretion, if you do not comply with these Terms of Service or if you have: a) acted in a manner inconsistent with applicable local, federal or international laws, regulations or ordinances; b) breached or violated any of these Conditions of Use; c) engaged in any fraudulent or dishonest behavior, theft, misconduct or wrongdoing in connection with the account; d) engaged in any abusive, fraudulent, disruptive, inappropriate, offensive or hostile conduct, whether it be physical, verbal or written in nature, towards any other Forums users, or towards The Forums owners or any of its employees or contractors.
2. Your account
You may need your own account to use The Forums.
You have the ability, as you register and create a Forum Account, to choose your username. We advise that you keep the name appropriate. With this user account, you are about to register, you agree to never give your password out to any person, for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason. We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft. You should endeavor to keep your password confidential.
You are responsible for creating private account access information and for maintaining the security of that information. If the security of that information is breached by Member or a third party, The Forums owner shall not be liable for any access to that account not authorized by Member, or other account activity that occurs as a result of that unauthorized access.
When you create a profile on the Forums, you are asked to provide certain personal information. You agree to provide us with accurate information when you create your account on the Forums. We will treat the information you provide as part of registration in accordance with our Privacy Policy. It is your responsibility to present clean and accurate information. You are responsible for advising The Forums owner of any changes to your contact information.
Any information The Forums owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.
Use of the Forums by persons under the age of 16 is expressly forbidden. You represent that you are at least the aforementioned age. In addition, if you accept these Terms of Service on behalf of another person or entity, you hereby warrant that you have the legal authority to bind that person or entity to this Agreement.
3. Posting in the forum
3.1 Your content
The Forums allows you to add posts, text, photos, videos, links, other files and information about yourself to share with others. All material that you upload, post or display to others through the Forums is collectively referred to as "Your Content". You acknowledge and agree that, as part of your use of the Forums, Your Content may be viewed by the general public.
You agree, through your use of The Forums, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International law.
If a Member becomes aware of any fraudulent activity, must report the fraudulent activity to The Forums owner (contact form) and provide all further requested information and cooperation to The Forums owner.
You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on The Forum.
By posting Your Content on the Forums, you represent and warrant that (i) you own, or have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as expressly set forth in this Agreement, and (ii) posting Your Content does not infringe the intellectual property or personal rights of any third party or applicable laws or regulations, including any laws or regulations requiring disclosure that you have received compensation for Your Content. You assume full responsibility for avoiding infringement of the intellectual property rights or personal rights of others, or non-compliance with laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate ITOO's Acceptable Use Policy, Copyright Policy and Trademark Policy, other policies published by ITOO, or any applicable laws or regulations. You agree to pay all royalties, fees, and any other amounts owed to any individual on account of Your Content.
You, or your licensors, as applicable, retain title to the copyright and other intellectual property rights in Your Content in accordance with the non-exclusive rights granted below.
3.2 License and Authorization to Use Your Content
By submitting, posting or displaying Your Content on the Forums, you grant ITOO and its affiliated companies a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (on multiple tiers) license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display, distribute, translate, communicate, make available to the public and otherwise use Your Content in connection with the use of the Forums or the promotion, advertising or marketing of the Forums or its business partners, in any medium or method of distribution (whether now known or hereafter developed), including forms of automated distribution, such as an application programming interface (also known as an "API").
You agree that this license includes the right for ITOO to make Your Content available to other companies, organizations, business partners or individuals who collaborate with ITOO for the rebroadcast, transmission, communication, making available to the public, distribution or publication of Your Content on the Forums or through other media or distribution methods. This license also includes the right of other users of the Forums to use, copy, reproduce, adapt, modify, create derivative works, publish, transmit, display, distribute, translate, communicate and make available Your Content to the public, subject to our Terms of Service.
Except as expressly set forth in these Terms of Service, this license does not grant you the right to use automated technology to copy or publish questions and answers, or to aggregate questions and answers for the purpose of creating derivative works.
Once you post an answer to a question, you can edit or delete your answer at any time so that it is not displayed to the public, except for answers posted anonymously. However, we may not have control over the removal of the answer visible on redirect channels or other pre-distribution methods outside of the Forums. ITOO may remove unwanted advertising ("spam") from your answers. Once you post a question, it may be edited or deleted by other users or by ITOO at any time. All revisions and modifications made by you may be visible to other users. ITOO's right to copy, display, transmit, publish, perform, distribute, store, modify and use any questions you post, and to transfer to third parties those rights, is perpetual and irrevocable, to the fullest extent permitted by law, except as otherwise specified in this Agreement.
You acknowledge and agree that ITOO may preserve Your Content and also disclose Your Content and other related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable law or governmental request; (b) enforce these Terms of Service; (c) respond to claims that some of Your Content infringes the rights of third parties: (d) detect, prevent or combat fraud and security or technical issues; or (e) protect the rights, property or personal safety of ITOO, its users, or the public.
You understand that we may modify, adapt or create derivative works of Your Content for the purpose of transmitting, displaying or distributing it on computer networks, devices, service providers and in various media. We may also remove or refuse to post Your Content, in whole or in part, at any time.
You further grant us permission and authority to act as your non-exclusive agent to take enforcement action against any unauthorized use by third parties of Your Content outside of the Forums or in a manner that violates our Terms of Service.
4. ITOO's role
Note that it is impossible for the staff or The Forum owners to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of The Forum, its staff, its subsidiaries, or The Forum's owner. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of The Forum immediately. The staff and The Forum owner reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.
You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless The Forum owners, any related websites to The Forum, its staff, and its subsidiaries.
5. Personal data
By creating a Forum Account, you acknowledge and agree that ITOO, as the Data Controller, will collect, process, and use your enrollment, participation data and personal information to administer The Forum, provide services and products, process transactions you request, provide customer service, better understand customer needs, enhance relationships, as well as for the other purposes detailed in our Data policy.
Also note that the software places a cookie, a text file containing bits of information (such as your language preferences or session identifier), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer. See our Cookie Policy for further information.
As part of The Forums, The Forum owners also inform members via email and, occasionally, also via postal mail or telephone, about special and, possibly, personalized individual offers, promotions, and surveys. You may change the communications you receive from us by logging onto your account online and managing your maintenance plan, or by contacting us in the manner described in the Privacy Policy.
The Forum owners also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of The Forum.
You may request access, correction or deletion of personal information we maintain about you, and you may object at any time to the processing and use of your personal information for marketing purposes, or exercise any statutory rights applicable to you and as detailed in our Data policy.
6. Electronic communications
As a member of The Forums, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by email, text, in-app push notices or by posting e-mail messages or communications on the. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
7. Applicable law
This Agreement and any legal action arising out of your use of the Forums or this Terms of Service shall be governed by the laws of Cádiz (Spain). Terms of Service are governed by and construed in accordance with the laws of Spain. The parties irrevocably agree that the courts of Cadiz (Spain) shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Forums, this Terms of Service, or the legal relationship established by them.
8. Alterations to service or amendments to the conditions of use
The Forums owner reserves the right to add, modify, delete or otherwise change any of these Conditions of Use at its sole discretion.
If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
9. Waiver
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
10. Disclaimer
THE FORUMS OWNER PROVIDES THE FORUMS, THESE AND OTHER MATERIALS, AND OTHER SERVICES AND PRODUCTS "ASIS" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
You also agree that The Forums Owner does not represent, warrant or guarantee that The Forums services will be uninterrupted, without omissions or error free, or that defects will be corrected or changes implemented.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE FORUMS OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE FORUMS OR ANY SUCH OTHER PRODUCTS AND SERVICES, EVEN IF A FORUMS OWNER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Contact
If you require clarification or further information, you may contact us in contact form.
We welcome your comments and suggestions on how to improve the Forums. Please send us your feedback through our contact form.
By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and exploit this information, in whole or in part, freely and without compensation to you.