1.   USER ACCEPTANCE

This legal notice regulates the access and use of the website www.thesmarttime.org (hereafter called the “Website”) which is placed at the disposal of Users by The Company. A User is defined as any person who logs onto, navigates, uses or participates in the Web services or activities.

Access or navigation in the Web by a User implies the full acceptance of the provisions contained in this legal notice without exception.

The Company may offer services via the Website which may be subject to certain conditions which the User will be informed about in relevant specific cases.

  1. USE OF WEBSITE

2.1. The User commits to use the Website, the contents and services in accordance with the Law, the present Legal Notice, moral convention and public order. In the same way, the User commits not to use the Web or the services offered through it for illegal purposes or contrary to the content expressed in the present Legal Notice, or harmful to the interests or rights of third parties, or in any way harm, render useless or adulterate the Website or its services, or impede a normal enjoyment of the Website by other Users.

2.2. The User expressly commits to not destroying, altering, leaving useless or in any other way damaging the data, programs or digital documents or others belonging to this Website.

2.3. The User commits to not hindering access of other Users to the Website by massive use of the computer resources through which www.thesmarttime.org  provides the services, and also not to perform actions which damage, interrupt or generate errors in the aforementioned systems.

2.4. The User commits not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or character sequence that causes or may cause any type of change in the computer systems of www.thesmarttime.org or third parties.

2.5 The User commits to not obtaining information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any class of accessible material through the Website or its services.

2.6. It is understood that access to or use of the Website on behalf of the User implies his/her consent of all the provisions set out in the Legal Notice by www.thesmarttime.org at the moment of access and that it will be always made available to the Users.

2.7. The User undertakes to use the content and services of this Website (such as comments, forums or pages open to the reader) in a suitable, proper and legal manner and to not use same for any activity which is unlawful, illicit or contrary to good faith and public order; to spread the contents or propaganda with a racist undertone, xenophobic, illegal pornography, apology of terrorism or in any manner that could damage human rights.

  1. WEBSITE ACCESS AND PASSWORDS

3.1. Access to the Website by the users is free and without charge. Some of the services and contents offered by www.thesmarttime.org may be subject to the previous contracting of such services and a payment of a quantity of money determined by the General Contracting Conditions, in which case they will be placed at the User’s disposal in a clear manner.

3.2. When it is necessary for a User to provide personal details in order to access a specific service, the collection and treatment of such personal User data, part 9 of this Legal Notice shall apply as well as those supplied by the Registration Conditions.

3.3. It is prohibited to contract products or services from the Website by minors under 18 years old without prior consent from parents, tutors or legal representatives who will be considered responsible for the acts committed by said minors under their supervision.

3.4. If the User has to register for the use or contracting of a service on the Web Site, s/he is responsible for providing truthful and lawful information. If as a result of the registration the User is given a password, the User is obliged to use it carefully and to keep the Password secret in order to access these services. The User is responsible for being an adequate custodian and keeping confidential any identification passwords supplied by www.thesmarttime.org PANY, and hereby agrees not to give any of this information to a third party, either on a temporary or permanent basis, nor to permit access to third parties. The Consumer will become responsible for any illicit use of the services by an unauthorised third party using a password as a result of carelessness or loss of the same by the Consumer.

3.5. The User is obliged to notify www.thesmarttime.org immediately of any factor that allows for unauthorised use of passwords and identification, such as robbery, loss or unauthorised access to the same, with a view to immediately proceeding with its cancellation. Until such information is forwarded, www.thesmarttime.org is exempt from any responsibility arising from any unauthorised use of identification and/or passwords by unauthorised third parties.

  1. MODIFICATION OF LEGAL NOTICE CONDITIONS

www.thesmarttime.org explicitly retains the right to change the publication of the Legal Notice. The User admits and accepts his/her responsibility to review the Website and the present Legal Notice.

  1. GUARANTEE AND LIABILITY LIMITATIONS

5.1. www.thesmarttime.org undertakes to make all efforts to avoid any error in the content which may appear on the Website. In any event, www.thesmarttime.org will be exempt from any responsibility whatsoever deriving from any errors arising from its content which appears on the Website, as long as they are not responsible for them.

5.2. www.thesmarttime.org does not guarantee that the Website and the server are virus free and are not to be held liable for any loss or damage arising from interference, omissions, interruptions, computer viruses, telephone line malfunctions or disconnections in the  operational functioning of this electronic system caused by motives beyond the control of www.thesmarttime.org, as well as delays or blockages caused by deficiencies or overloading of the telephone line, on the Internet system or in other electronic systems as well as any damage caused by third parties as a result of unlawful interference beyond the control of www.thesmarttime.org.

  1. ALL INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS RESERVED.

6.1. All the Industrial and Intellectual Rights of the Website www.thesmarttime.org and its contents (texts, images, sounds, audio, visual, designs, creativeness and software) are protected.

6.2. It is expressly forbidden to reproduce, distribute and disseminate publicly, including the modality of making available, of all or part of the contents of the webpage for commercial purposes, in any format and by any technical means, without the authorisation of www.thesmarttime.org. The user undertakes to respect the Industrial and intellectual property rights.

6.3 In accordance with the provisions of Article 32.1 of the Revised text of the law of Intellectual Property, www.thesmarttime.org expressly oppose the use of any of the contents/discussions/articles on this website in order to create press reports or press clippings quoted without the prior authorisation of the same.

6.4. The user may see, print, copy and save all the Website elements in the local disk of his/her computer or in any other physical support provided always that it is for his/her personal use; therefore it is expressly forbidden, to commercialize, distribute, modify, alter or decompile any of these elements

6.5. www.thesmarttime.org provides access to all kinds of information, services, programs or data on the Internet that may belong to third parties, such that we do not become editor of such content and is not responsible directly or indirectly for any claims arising from their quality, reliability, accuracy or correction

  1. THIRD PARTY LINKS AND LIMITED LIABAILITY.

7.1. Should this Website contain links to other portals or websites, www.thesmarttime.org states that it has no control over such sites, nor is it responsible for their content. In no case shall www.thesmarttime.org assume any responsibility for the contents of any link belonging to an outside website, nor shall it guarantee the technical availability, quality, reliability, accuracy, scope, veracity, validity and constitutionality of any material or information contained in any of the hyperlinks or other Internet sites.

7.2 The purpose of any links included therein is solely to inform the user about the existence of other sources of information on a specific topic and the inclusion of any link does not imply endorsement by www.thesmarttime.org of the site.

7.3. www.thesmarttime.org only authorizes the usage of its contents by other web sites, in the way they wish, provided they are always done in a respectful manner, comply with the existing legislation and under no circumstances should the content be reproduced without the  necessary authorization from www.thesmarttime.org.

7.4. www.thesmarttime.org is not responsible for the breach of any rule that the user may incur during access to the website www.thesmarttime.org and / or the use of the information contained herein.

7.5. www.thesmarttime.org reserves the right to refuse at its discretion, at any time and without notice, access this Website or any content with restricted access to any user when the circumstances described in these circumstances.

7.6. Any link, hypertext, in-depth link, framing, or any other type of virtual connection to the Website by means of telecom networks from any other web site or URL address (“Links”), must be duly authorized by www.thesmarttime.org in writing, and the link must always relate to the company’s homepage. The Links to external web pages are solely for the purpose of orientating the User, by placing at his disposal other sources of information that might be of interest to him/her.

7.7. www.thesmarttime.org endeavours to review the content of the external links on a regular basis. Nevertheless, it is impossible to know exactly and at any time which is the exact content of each link. Consequently, we would like to request the collaboration of every user who may access the aforementioned content in the case that its content may be composed of indications or signs that are contrary to present legislation or moral standards given that its aim is to offer alternative sources of information to the user and which may be of interest to him/her, and any notifications should be communicated to the following email address Project@thasmarttime.org.

  1. PERSONAL DATA PROTECTION

Access or use of the web site does not imply any collection of the user’s personal data by www.thesmarttime.org. Nevertheless, in the event of www.thesmarttime.org requesting personal data, the User will be duly informed in line with the provisions of the Organic Law 15/1999 of the 13th of December on Personal Data Protection. Any personal data collected in information request forms or analogue documents by www.thesmarttime.org will be subject to processing and incorporated into the corresponding files belonging to www.thesmarttime.org .

The collection and processing of Personal Data aims at maintaining the contractual relationship that may be established with www.thesmarttime.org .

www.thesmarttime.org has adopted the necessary technical and organisational measures to guarantee the security of the data and prevent its alteration, loss, alteration or non-authorised access and use of said data taking into account the state of the technology, the nature of the stored data and the risks that they are exposed to, if it is originated from human action or the physical or natural environment. Every technical and organisational measure necessary to ensure the secure nature of personal data will be taken to achieve the basic aims of security such as: confidentiality, defined as the limitation of access by unauthorized parties; integrity, defined as the storage of reliable and quality information, and availability, defined as the guaranteed access of an authorized User to the information system.

Those users who have provided personal details to www.thesmarttime.org may exercise their rights of access, rectification or cancellation of their data and/or their rights to oppose the processing of the said data without any costs in writing to: Project@thesmarttime.org.

Furthermore and in accordance with that established in Law 25/2007 of the Storage of data related to electronic communication and public networks, the User’s IP address will remain registered in an alternative file under the responsibility of www.thesmarttime.org with the aim of registering the IP addresses of users who access the internet portal of www.thesmarttime.org. This said IP address will remain registered in this file for a minimum period of six months and a maximum of two years according to that stipulated in article 5 of said Law.

  1. LIABILITY

Ultimately, the User is solely responsible for their use of the services, content, links (links) and hypertext in the Website www.thesmarttime.org.

  1. RESERVATIONS

www.thesmarttime.org reserves the right to modify and update the information contained in its website as well as its configuration and presentation, at any time and without prior notice. Likewise www.thesmarttime.org reserve the right to temporarily suspend access to the Website at their discretion and without prior notice on a temporary basis for the possible need to make maintenance operations, repairs or improvements.

www.thesmarttime.org reserves the right to include or remove any information whatsoever either in its totality or partially form the Website

  1. ACCEPTANCE OF GENERAL CONDITIONS

The User commits to use the Website and the services according to the law, these General Conditions, the applicable Particular Conditions, as well as the generally accepted morality and proper consuetude, and law and order responding versus www.thesmarttime.org or against third parties for any damages that he/she may cause as a result of a breach of that obligation.

  1. RULES OF CONDUCT IN COMPANY CHATS, BLOGS AND FORUMS.

 The User undertakes to use the chat, blog and forum services of the Website (hereafter known as Services) in accordance with the Law, these Terms and Conditions of Use, and according to ethical standards, generally accepted morality, and public order.

www.thesmarttime.org makes it known that the usernames (“Nick”) are selected freely for each User and, as a result, it cannot be guaranteed that “Nick” corresponds to the truthful identity of the people who use them

www.thesmarttime.org is not responsible for opinions, information and material transmitted by Users through the Services. www.thesmarttime.org does not have obligation to control and does not control the use that the Users make of the Services as the published messages or content are the sole responsibility of the User who will be held responsible for damages of any nature sustained by www.thesmarttime.org as a result of non-compliance with any of the general obligations or the law.

In any event, and merely as an indication, the User commits to not use a user name, publish messages or any other material or content which may:

Contain advertising of any kind.

Infringe the right of personal honour, personal and family privacy and self-image or violate third party company secrets.

Infringe intellectual or Industrial rights of third parties.

Contain third parties’ personal details (telephone numbers, addresses, e-mails etc…)

Defend the acts or ideals of any terrorist group or organization.

Include criminal, denigrating, defamatory, violent, pornographic messages or, in general, those contrary to the law, morality and good conduct and public order.

www.thesmarttime.org may at any time at its discretion remove any messages posted by users which are opposed to the General Conditions of Use of the Website or current legislation.

In this regard, we ask for your active collaboration. If you discover a message which you believe could belong to the outlined categories (or you simply consider to be offensive or in bad taste), do not hesitate to communicate it to Project@thesmarttime.org. www.thesmarttime.org will act exclusively as the service provider in such a way as to not accept liability which means that the User themselves are solely responsible for the consequences arising from the illicit use of the Services, such as the truthfulness and/or lawfulness of the published material.

  1. APPLICABLE LAW AND JURISPRUDENCE

For all those questions which may give rise to a number of problems of interpretation, execution or eventual lack of compliance with the present conditions of use, the Users will submit exclusively to the competence and jurisdiction of the lawcourts and tribunals of Barcelona thus renouncing their own jurisdiction area and being independent of the place where any dispute takes place.

These conditions shall be governed by the laws of Spain.

All rights reserved.