Terms and Conditions
Last updated: November 24, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the
http://platform.envienta.org website (the “Service”)
operated by ENVIENTA (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
If you disagree with any part of the terms then you may not access the Service.
Registered Platform User
ENVIENTA grants visitors and users the non-exclusive, non-transferable, revocable, limited right to access and use the platform.
In order to gain full access and use of the platform, you must create a profile and register as a user
(hereinafter referred to as "Registered User" or “User”).
Visitors are only permitted to register one profile per person on the platform.
The profile is personal and may not be transferred to others.
In order to become a Registered User, a password is needed.
Each visitor chooses their own password which must be used with the provided email address when logging onto the platform.
Alternatively, ENVIENTA sends the password to the user.
The password is personal and the user must not transfer it or in other ways make it available to others.
It is the users’ responsibility to ensure that the password does not fall into the hands of a third party.
If the user becomes aware that the password is or may have been compromised, he/she are obligated to inform ENVIENTA hereof.
ENVIENTA platform admins can and will change the password if there is a risk that the password has been compromised
or is used in violation of the Terms and Conditions of the platform.
During the registration process, the user must choose a username.
The username will be shown on the platform whenever you write or comment on reviews or produce user provided content on the platform.
Therefore, users must consider whether you wish to use a username from which you can be identified by others.
The username must not:
(i) be offensive or in other ways insulting,
(ii) contain the terms "Guest", "Admin", "*.com", etc. or
(iii) contain characteristics which belong to a third party, including names of famous persons,
or personal names to which you do not own the rights.
You warrant that your username does not infringe on any rights (including any intellectual property rights)
belonging to any third party and/or pertaining to the Terms and Conditions.
Changes to the username may only be made by ENVIENTA.
If the user wants to change the username, please contact us at support@envienta.com
ENVIENTA is entitled at any time, without notice and without prejudice, to delete, suspend or change the user profile
in the event of user violation or suspected violation of these Terms and Conditions or applicable law.
When deleting the user profile, users will no longer have access to services on the platform which require registration
and/or login as a Registered User.
When deleting the user profile, ENVIENTA reserves the right to delete the user provided content provided on the platform.
Users are not permitted to gain access or attempt to gain access to the parts of the platform requiring user registration
if the visitor is not a Registered User.
User content
ENVIENTA offers its platform visitors to freely browse and use the provided content on the platform or to register an account
and provide content on their own free will.
Registered users providing content acknowledge that by uploading their blueprints, articles, and designs to the platform
(“uploaded user content” or “user content”) they simultaneously license the content towards ENVIENTA as the platform provider
while the registered platform user remains the owner of all IP rights regarding the user content.
ENVIENTA warrants that the uploaded user content will be always shown on the platform together with the appearance
of the original creator respecting the original creators’ copyrights.
Visitors and Users of the platform acknowledge that all content provided on the platform falls under the rules and licenses of Creative Commons (CC).
In this regard, other users besides the content uploader or original creator and the visitors are forbidden to use the user content
for profit gains without the explicit prior written consent of the user content contributor.
Users warrant that they are the rightful owner of the intellectual property regarding the uploaded content
and release ENVIENTA from any kind of third party claim regarding this matter.
In case third party visitors or users attempt or conduct such activity which is explicitly contrary to the terms set forth herein,
or go against the general license terms and conditions of CC, or are contrary to any otherwise individually agreed terms
with ENVIENTA they will be without any restrictions made liable to any claims, be it from the original content uploading user
or ENVIENTA as the platform provider and will be at the same time closed out from the platform permanently.
ENVIENTA reserves the right to review the uploaded user content without publishing it on the platform,
in case the uploaded user content is contrary to the terms set forth herein, or is contrary to the values
and stated mission of ENVIENTA, ENVIENTA has the right to remove such content permanently from the platform.
This site is owned and managed by ENVIENTA online.
Material on platform.envienta.org or on any other website that is owned, managed,
licensed to or controlled by ENVIENTA may only be used for the purposes for which it is
made available or explicitly intended by ENVIENTA.
This material may not be copied, reproduced, republished, uploaded, mailed, sent or distributed for profit gains
or in any other way without our explicit permission, except as allowed by the content providers with approval of ENVIENTA.
The adaptation of this material, or its use for purposes other than those for which it is made available or intended,
breaches the content contributors copyright and other proprietary rights.
ENVIENTA reserves all rights to act in the interests of the content contributors in this respect,
and the privilege to take legal action if necessary.
Users may not use ENVIENTA’s name, logos or other material without ENVIENTA’s explicit written consent.
ENVIENTA can in no way be held liable if one or more of its partners and/or users in any way breaches
or disrespects copyrights or abuses another party’s rights or protected products (i.e.: without obtaining reproduction rights!),
or in general infringes upon legal or contractual provisions or generally accepted standards of due care.
ENVIENTA reserves the right, at all times and without stating reasons, to refuse to supply products and services to users
or to remove user’s information from the system (including, but not limited to, breach of privacy, or illegal activities)
while preserving the user's content for download by the user, but will not be liable for loss of user content and data.
Provisions concerning feedback to ENVIENTA
ENVIENTA welcomes feedback from its loyal partners and users, and enjoys receiving users’ comments on ENVIENTA services.
All ideas and suggestions are welcome, and ENVIENTA will take them into consideration.
However, we cannot offer any guarantee that such ideas or suggestions will be implemented.
If users send ideas, annotations, concepts or other information (together referred to as “Information”)
despite our request that they not send any source code, the Information will be regarded as ENVIENTA’s OpenSource property.
ENVIENTA will be the owner of all existing and future rights with respect to Information of any sort and nature whatsoever
related to the platform, and will be entitled to unlimited use of the Information for all possible purposes,
commercial or otherwise, without obligations of compensation to the submitter of the Information.
ENVIENTA will not be obliged to keep any of the Information confidential nor will ENVIENTA be held liable for the use
or disclosure of any of this Information.
Furthermore, ENVIENTA can in no way be held liable if the submitters of the Information in any way breach copyrights,
ignore copyrights, abuse another party’s rights or protected products (i.e. without obtaining the reproduction rights!),
or infringe upon legal or contractual provisions or generally accepted standards of due care.
Termination of the agreement
This agreement remains in force until it is terminated by one of the parties.
ENVIENTA may also at any time and without prior notice, terminate this agreement if, in the exclusive judgment of ENVIENTA,
the user does not fulfil a condition or comply with a stipulation of this agreement.
This agreement continues to apply to the use of our products and services dating from before the date of termination.
Users are obliged to fulfil their obligations towards ENVIENTA with regard to them.
Warranty disclaimer
ENVIENTA offers no warranty of any kind on the products and services offered on this site, be it explicit, implicit,
or regarding their suitability for a particular purpose.
ENVIENTA does not guarantee that its materials will work continuously or without error,
or that this site or the server hosting this site will be free of viruses or other harmful elements.
ENVIENTA will, however, do its best to correct any errors in the program.
ENVIENTA has the obligation to perform to the best of its ability to guarantee the workability of its services.
Furthermore, ENVIENTA gives no guarantee of precision, accuracy, reliability or otherwise with respect to (the results of)
the use of the services on this site. The user bears all costs for any maintenance, repairs or improvements that may be required.
ENVIENTA incurs no costs in these matters.
Restriction of liability
ENVIENTA cannot be held liable for special damage or consequential damage resulting from the use of the services on this site,
nor for the inability to use the services on this site.
User indemnifies ENVIENTA for any and all claims by third parties concerning intellectual property rights on material
or data provided by or made available by the user, for the performance of the services.
User also indemnifies ENVIENTA for other possible claims by third parties who suffer damages in connection with
the performance of the services and which are attributable to the user.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by ENVIENTA.
ENVIENTA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any
third party web sites or services. You further acknowledge and agree that ENVIENTA shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.
Should a dispute occur between the contracting parties or with a third party, irrespective of the nature or basis of such a dispute,
the parties agree that the dispute will be settled according to Spanish law in a Spanish court,
specifially the competent court with authority in regard to ENVIENTA’s seat.
ENVIENTA can in no way guarantee that the materials on its site are available or appropriate for use at other countries.
Those choosing to use this site from another country do so at their own risk, and accept responsibility for compliance
with local legislation, if, and to the extent, that such is applicable.
Should a provision of this agreement be regarded as illegal, null and void, or should it for any reason be considered unenforceable,
the said provision will be considered separable from this agreement and will not affect the validity and enforceability
of the remaining provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service,
and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us via e-mail or the provided contact form on the platform mainpage.
