Conditions of access and use of 4D Medica's web sites

Cuarta Dimensión Médica S.L (hereinafter 4D Medica), a Spanish company with CIF B98344815 and domiciled in C/ Baronesa Santa Bárbara 28 - 46740 Carcaixent (Valencia), informs visitors (hereinafter User/s) of the Internet pages or websites relating to products of 4D Medica and its ownership (hereinafter websites), of the conditions of use (Terms of Use) applicable to the access and navigation through the websites applicable to the Users who access or use the services, applications, tools and, in general contents, included in the same (hereinafter services or contents).

This document, without prejudice to the particularities indicated therein, is accepted by the Users with the mere access to the websites.

Quality.

4D Medica informs the Users that it will make its best efforts to achieve the best possible quality, taking into account the state of technology. Notwithstanding the foregoing, 4D Medica disclaims any liability in case of interruptions or malfunction of the services or content offered on the Internet, whatever their cause. Also, 4D Medica is not responsible for network failures, loss of business as a result of such failures, temporary suspensions of electricity or any other type of indirect damage that may be caused to the Users for reasons beyond 4D Medica's control.
4D Medica may temporarily or permanently suspend the services or contents for reasons of updating, maintenance, repair of its systems or for business reasons.
4D Medica is not responsible for failures and/or damages arising from the incompatibility of the services or contents of 4D Medica with other services or contents or computer programs with which it is not specifically interoperable. In any case, the configuration and capacity of the equipment of the Users to navigate through the websites as well as to use the services and contents offered therein must be sufficient to allow the correct use of the services, being the User responsible for the total and correct installation of those contents that can be downloaded from such websites.

2.- Responsibility of the Users for use and contents.

Both the access to the websites and the use that may be made of the information and contents included therein, shall be the sole responsibility of the user.

Therefore, the use that may be made of the information, images, contents and/or products offered and accessible through the same, shall be subject to the applicable national or international legality, as well as to the principles of good faith and lawful use by the Users, who shall be entirely responsible for said access and correct use.
Users shall be obliged to make a reasonable use of the services or contents, under the principle of good faith and with respect to the law in force, morality, public order, good customs, the rights of third parties or 4D Medica itself, all according to the possibilities and purposes for which they are conceived. 4D Medica assumes no liability, whether direct or indirect, for consequential damages or lost profits, arising from the misuse of the services or contents made by Users or third parties. The User agrees to use the services or contents exclusively for personal use, and not to perform neither directly nor indirectly a commercial exploitation of the same.
Access to the services or contents shall be at the sole responsibility of the Users. In the case of minors or incapable persons, it shall be the sole responsibility of their parents, representatives or legal guardians, who must accompany, supervise or take appropriate precautions during their browsing of the web pages.
In general, it is prohibited any type of activity to the detriment of 4D Medica or third parties. 4D Medica shall in no case be responsible for the information, images, allusions or contents that are communicated, hosted, transmitted or displayed through the services or contents offered by 4D Medica beyond its control.
The use of 4D Medica web pages for illegal or unauthorized purposes shall be strictly prohibited and, in particular, and without being exhaustive: any form of violation of the rights of third parties on their privacy, honor, self-image, secrecy in communications, intellectual and industrial property or protection of personal data.

Likewise, Users agree not to publish, disclose, advertise, make reference to or distribute any material, matter or information with illegal, obscene, pornographic, abusive, defamatory, misleading, racist, against morality or public order contents, as well as not to introduce any type of computer virus, defective files, or any other software or computer program that may cause damage or unauthorized alterations of the contents, programs or systems accessible through the websites; alter or intervene by fraudulent means, personal web pages or e-mails of other Users without due authorization, as well as send mass and/or repetitive e-mails, and send e-mail addresses of third parties without their consent. Nor may Users use improperly or inappropriately, with respect to the normal operation and purpose, those services or content that may be provided by 4D Medica as chats, newsgroups, forums, etc..
In case of breach of the provisions herein, 4D Medica may, without giving rise to any compensation, remove from its web pages the illegal contents. 4D Medica may act in this regard, both at its sole and exclusive discretion, and at the request of third parties affected, all in accordance with current legislation.

In particular, and without prejudice to the foregoing, Users agree to comply with all applicable local, state, national and international regulations and are solely responsible for all acts or omissions that occur in connection with their account, registration or password, including the content of their transmissions through the services or content. By way of example, and without limitation, Users agree to refrain from the following actions, notwithstanding that they shall be fully responsible for them:

• Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk mail, spamming or any other duplicative or unsolicited messages (commercial or otherwise).
• Create a false identity for the purpose of misleading third parties as to the identity of the sender or the origin of the message.
• Defame, insult, harass, stalk, threaten or otherwise infringe the rights of third parties (such as the right to privacy or self-image).
• Publish, distribute or disseminate any inappropriate, sacrilegious, defamatory, libelous, unlawful, obscene, indecent, racist, violence-inducing or otherwise unlawful information or material.
• Advertise or offer to sell or buy any products or services.
• Collect or otherwise collect information about third parties, including their e-mail addresses, without their consent, as well as provide third-party e-mail addresses to third parties.
• Use, download or otherwise copy or provide (whether or not free of charge) to a person or entity that is not a User of the services or content any directory of Users of the services or content or any other information relating to Users or the use thereof outside the context of normal use in accordance with these terms of use.
• Attempting to gain unauthorized access to services or content, other accounts, computer systems or networks connected to them, through automated password mining or other means.
• Violate applicable laws or regulations, including but not limited to legislation governing the transmission of technical data or software exported from the European Union.
• Interfering with the use or enjoyment of the services or content by other Users or with the use or enjoyment of similar content by other persons or entities.
• To carry out any action on the websites that implies the transmission of any harmful, noxious or simply unsolicited program.

4D Medica shall have no obligation to monitor the Service or the use made by a user or retain the contents of any user session. Notwithstanding the foregoing, 4D Medica reserves the right to monitor, review, retain and/or disclose at any time any information that may be necessary to comply with any applicable law or regulation, legal process or administrative requirement.

3. Prohibition of nuisance and damage.

4D Medica when technically possible, shall immediately cancel or block any registration of the Users of the web pages responsibility of 4D Medica when it reasonably believes that such registration transmits or is otherwise related to any unsolicited bulk or annoying mail message and, to the best of its ability, when requested by the recipient User of the web pages of 4D Medica without prejudice to the full reparation of the damages caused to 4D Medica and third parties.

Intellectual and industrial property.

The contents provided by 4D Medica as well as the contents poured into the network through its web pages, constitute a work in the sense of the legislation on intellectual property so they are protected by the laws and international conventions applicable in the matter. It is forbidden any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public exploitation referred to both the Web pages and their contents and information, without the express prior consent of 4D Medica.

Consequently, all content displayed on the different websites and in particular, designs, text, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other signs susceptible of industrial and commercial use are subject to intellectual and industrial property rights of 4D Medica or third party owners who have duly authorized their inclusion in the different websites.

Thus, the contents, images, contents, forms, opinions, indexes and other formal expressions that are part of the web pages, as well as the software necessary for the operation and visualization of the same, also constitute a work in the sense of the Copyright and are, therefore, protected by the international conventions and national legislations in the matter of Intellectual Property that are applicable. Failure to comply with the aforementioned implies the commission of serious illicit acts and their sanction by civil and criminal legislation.

It is prohibited any act by virtue of which the Users of the services or contents may exploit or use commercially, directly or indirectly, in whole or in part, any of the contents, images, forms, indexes and other formal expressions that are part of the web pages without prior written permission of 4D Medica. In particular, and without exhaustive character, are prohibited the acts of reproduction, distribution, exhibition, transmission, retransmission, broadcast in any form, storage in physical or logical supports (for example, diskettes or hard disk of computers), digitalization or making available from databases other than those belonging to 4D Medica or authorized by 4D Medica as well as their translation, adaptation, arrangement or any other transformation of such opinions, images, forms, indexes and other formal expressions that are made available to the Users through the services or contents, as long as such acts are subject to the applicable legislation on intellectual property, industrial or image protection.

4D Medica is free to limit access to the web pages, and the products and / or services offered therein, as well as the subsequent publication of opinions, observations, images or comments that Users may send through email. 4D Medica in this sense, may establish, if it deems appropriate, without prejudice to the sole and exclusive responsibility of the Users, the necessary filters in order to avoid that through its web pages may be poured into the network content or opinions, considered as racist, xenophobic, discriminatory, pornographic, defamatory or in any way encourage violence or the dissemination of clearly illegal or harmful content. Given the large number of e-mails received, and depending on the regulations applicable at any given time, this effort of 4D Medica will be carried out in accordance with criteria of reasonableness, since it is practically impossible to control at all times the current contents of the services offered.

In accordance with the provisions of the preceding paragraph, 4D Medica is also authorized to proceed to the modification or alteration of such observations, opinions or comments, in order to adapt them to the needs of the editorial format of the web pages, without it being understood that there is in any way any kind of injury to any of the moral rights of copyright that the Users may hold over them.

Any technical, logical or technological resources by virtue of which a third party may benefit, directly or indirectly, with or without profit, of each and every one of the contents, forms, indexes and other formal expressions that are part of the web pages, or the effort made by 4D Medica for its operation are prohibited. In particular, it is prohibited any link, hyperlink, framing or similar link that may be established in the direction of the web pages of 4D Medica without the prior express written consent of 4D Medica. Any violation of the provisions of this point will be considered as a breach of the legitimate intellectual property rights of 4D Medica on the web pages and all the contents thereof.

4D Medica shall not assume any responsibility for any consequences arising from the behaviors and actions mentioned above, just as it shall not assume any responsibility for the contents, services, products, etc. of third parties which may be accessed directly or through banners, links, links, hyperlinks, framing or similar links from the websites of 4D Medica.

5. Disclaimers and limitations of liability.

The information and services included in or available through the web pages may include inaccuracies or typographical errors. Changes are periodically incorporated to the information contained. 4D Medica may introduce at any time improvements and/or changes in the services or contents.

4D Medica does not represent or warrant that the services or content will be uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available are free of viruses or other harmful components, notwithstanding that 4D Medica makes its best efforts to avoid such incidents. 4D Medica does not warrant or represent that the use or the results of the use of the services or the contents are correct, accurate, timely or otherwise reliable. In the event that the User makes certain decisions or performs certain actions based on the information included in any of the websites, it is recommended to check the information received with other sources.

Users expressly agree that 4D Medica will not be responsible for unauthorized access or alteration of their transmissions or data, any material or data sent or received or not sent or received, nor for any transaction made through its websites. The User agrees that 4D Medica is not responsible for any conduct or content that is not 4D Medica's own as well as not be responsible for the information, statements, or opinions expressed by other Users, or when they have a threatening, defamatory, obscene, offensive or illegal content of any third party or any infringement of third party rights, including intellectual property rights. Also the User agrees that 4D Medica is not responsible for any content sent, used and / or included in the services by any third party.

4D Medica does not warrant the suitability, reliability, availability, timeliness and accuracy of the services or content for any purpose.

4D Medica shall not be liable for direct, indirect, or any other damages, including, but not limited to, damages for loss of use, data or profits, arising out of or in connection with the use of the services or websites related to the delay or inability to use the service, whether 4D Medica's liability is in contract, tort, negligence, strict liability or otherwise, even if 4D Medica has been advised of the possibility of damages by particular third parties.

6. Indemnification.

Users shall indemnify and hold harmless 4D Medica officers and employees, from any claim, demand or damage, including reasonable attorneys' fees, made by any third party due to your use of or conduct while browsing the web pages.

7. Modifications to the Terms of Use.

4D Medica reserves the right to modify at any time these terms of use.

8. Communications with 4D Medica

Any incident on the operation and quality of service, as well as any other issue that may arise with the provision of the service must be addressed in writing to 4D Medica, at the address indicated at the beginning, and submitted within one month from the time of knowledge of the fact that motivates them.

We also make available to you the address administracion@4dmedica.com in case you prefer to contact us by e-mail.

9. General.

All rights of the websites are protected by copyright ©. All rights reserved, and therefore, its content belongs solely and exclusively to its author. Access to this material does not imply in any way a license for its reproduction and / or distribution which, in any case, will be prohibited unless prior express consent of 4D Medica. The access to the websites implies the acceptance of the present conditions of use.

The applicable law is Spanish law. The use of the services or contents is prohibited in all those jurisdictions that do not recognize the effectiveness of these conditions of use. Access to the contents of the web pages of 4D Medica does not create between Users and 4D Medica an association, partnership, employment or agency relationship of any kind. Also, unless expressly stated otherwise, a supplier-customer type relationship will not be established because except in specific situations of use, the services or contents are free. Nothing contained in these terms of use shall prevent 4D Medica to comply with any administrative, judicial, or legal requirements relating to the use that users make of the services or content.

WARNING TO MINORS.

If you are a minor you will be interested to know that:

4D Medica recommends that you notify your parents or guardians before you start surfing the Internet.

Although 4D Medica will not check if your data are true, before making use of any service or content of 4D Medica, we recommend that you discuss it with your parents or representatives, because they can explain the Privacy Policy and you can participate with them of all the possibilities of 4D Medica websites.

In particular, if you are going to register, please consult with your parents or representatives so that they can contact us if they wish to do so.

NOTICE TO SENIORS.

Notwithstanding the provisions of the Legal Notice, in their capacity as parents, representatives or legal guardians, shall be responsible for their minor children or guardians to access the services or contents of 4D Medica so we recommend you to accompany, supervise or take appropriate precautions (time rules for computer use, location of the computer in a common area of the house, etc.) during the navigation of those by the web pages.

Although 4D Medica will not perform checks on the veracity of the data, it recommends for cases of such actions to monitor the registration process of their children or guardians. Where appropriate, 4D Medica will manage the requests arising from the exercise, by parents or guardians, of the rights of access, cancellation, rectification and opposition of the data of minors or incapacitated, without prejudice that you can contact us to make the warnings it deems appropriate.

In addition to the above, we remind you that some browsers allow you to modify their configuration so that children or other people cannot access certain pages. Even so, we recommend that you assist in browsing as certain websites may not have been classified.