ARTELIA 360 PLATFORM TERMS AND CONDITIONS OF USE

These Terms of Use are effective on June 29th, 2020

These Terms and Conditions shall govern the use of the Artelia 360 platform, including all pages within the website (collectively referred to herein below as this “Website”). These Terms and Conditions apply in full force and effect to your use of this Website, and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms and Conditions.

Artelia Spain S.L.U reserves the right to modify, unilaterally and at any time, the content of these Terms and Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor. Besides, the Website is intended for professionals only. 

1. Definitions

The following terms shall be used in these Terms of Service.

  • All references to “We”, “Us”, “Our” or “Our server” shall be construed to mean the Services and Artelia Spain S.L.U.
  • “Contract” means the Special Conditions of the standard contract signed between Artelia subsidiaries.
  • “Content” or “Our Content” means all of our Content made available by or for Artelia Spain S.L.U. for use with the Services including the design rights, data, databases, tools, code, graphics, photographs, pictures, video, logo, interfaces, web-pages, designs, text, images, information, 3D models, software and other media files, their selection and arrangement materials and all other intellectual property rights are owned by Us or are licensed to Us by a third party.
  • “Intellectual Property Rights” means any rights recognized under any applicable intellectual property Law particularly, and without any limitation, copyrights, rights similar or related to copyrights or the sui generis right over databases, patents, utility models, and industrial drawings, designs, trade marks and trade names, including domain names and social profiles and trade secrets, whether registered, applied for or not registered, and including in any case the power to apply for the appropriate registrations to obtain or protect such rights.
  • “Services” means all the Services provided to You by the company, Artelia Spain S.L.U. including but not limited to Web-based software, desktop software programs, mobile applications, website, server-side processing and hosting service, and any other services We provide from time to time
  • “Your Content” means collectively, any files, designs, models, data, sets, images, documents, text, audio, video or similar material submitted or uploaded to the Services by You, Your end Used or other third parties, regardless of it being displayed or not.
  • “User” means; (i) You, (ii) Your authorized users, included but not limited to Your employee(s), the employee(s) of Your affiliated companies and the third-party collaborators to whom You grant permission; and (iii) any other individuals who will be using the Services.
  • “Subscription Period” means the period during which You have agreed to subscribe to the Service(s) within the Contract.
  • “Paid services” means certain Services subject to payments as specified in the Contract that You have entered into with Us.

2. Intellectual Property Rights

You acknowledge and agree that Artelia is and shall remain the exclusive owner of any Intellectual Property Rights over the Services and the Website including, any material contained in the Website.  These Terms and Conditions do not convey to You any license or interest in or to the Services, the Website or any other Intellectual Property Rights owned or licensed by Artelia, but only a limited and revocable right to access the Website.

You hereby grant to Artelia a non-exclusive, sub licensable, royalty free license to use and host Your Content during the Subscription Period plus an additional period of ninety days solely for the purposes of providing the Services. You represent and warrant to Artelia that You are fully authorized to upload your data and information to the Website and that such content shall (i) not infringe any third parties’ rights; and (ii) not include personal data as defined by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. 

You may not use any of Artelia’s Intellectual Property Rights including, by way of illustration, Artelia’s trademarks, trade names, logos, domain names, social profiles or any other distinctive signs except as previously approved, in writing, by Artelia. 

3. Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material and/or content in any media;
  2. using this Website in any way that is, or may be, damaging to this Website or third parties’;
  3. using this Website in any way that impacts other users’ access to this Website;
  4. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  5. engaging in any data mining, data harvesting, data extracting or any other similar activity or screen scraping technique in relation to this Website, or while using this Website;
  6. using this Website to engage in any advertising or marketing activity without Our consent;
  7. more generally, using this Website to divert the Services for purposes other than those for which they were designed.

Also strictly prohibited:

1. any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services;

2. any intrusions or attempted intrusions into Artelia Spain S.L.U.'s systems;

3. any diversion of the system's resources site;

4. any actions likely to impose a disproportionate burden on the infrastructure of the latter;

5. any breaches of the security and authentication measures;

6. any acts likely to affect the financial rights and interests, commercial or moral, of Artelia or the users of the Website, and finally more generally;

7. any breach of these Terms and Conditions.

Certain areas of this Website are restricted from access by You and Artelia Spain S.L.U. may further restrict access by You to any prohibited areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password You may have for this Website are confidential and You must maintain confidentiality of such information..

4. Your Content

With respect to Your Content, You grant Artelia Spain S.L.U. a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to reproduce, distribute, communicate to the public and/or transform such Content in any known media and format.

Your Content must be Your own and must not be infringing on any third party’s rights.

You are solely responsible for your Content, regardless of the type of content (editorial, graphic, audiovisual or other) that is used in the scope of the Services. You represent and warrant that You have all the rights and authorizations necessary for the use of Your Content on the Website according to these Terms and Conditions and that said Content is lawful, does not infringe public order, morality or the rights of third parties, does not violate any legislative or regulatory provisions and more generally, is in no way likely to hold Artelia Spain S.L.U liable.

Artelia Spain S.L.U. reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice. Furthermore, any legal action brought by an affected third party whose rights may have been infringed by Your Content shall be exclusively borne by the User.

You are the one and only responsible of keeping a safe copy of Your Content. If You purge Your Content from Our Server, You understand it may be deleted permanently. We shall have no responsibility or liability for any deletions of Your Content.

We may disclose Your Content if it is compelled by law to do so. You acknowledge that We may access and disclose Your Content to comply with any law obligations including but not limited to warrants and orders by the court, as a part of a legal proceeding. If the disclosure is made at Your request, You may be responsible for the costs of providing the access to Your Content.

5. Third party sites

The Website may provide links to independent and external third parties’ websites (“Third Party Sites”). Artelia includes these links to give You the opportunity to access other websites that may be of interest to You. Third Party Sites are out of Artelia’s control and, therefore, Artelia will not be held liable for the use of links from its website to other resources available on the Internet.

The existence of a link between the “www.artelia360.com” and a Third Party Website shall under no circumstances indicate that Artelia guarantees the content of the said site and more particularly any use thereof. In particular, Artelia will not be held liable for attacks from viruses or other computer parasites spread via the said Third Party Sites. Your access to Third Parties’ Sites is made under Your sole responsibility.

6. Conditions of the subscription service

The Website will be available and accessible by You during the Subscription Period entered into between You and Artelia Spain S.L.U in the Contract. You will be provided with the necessary information to access the Website once the Contract is formalized.

We reserve the right to update and modify the Services from time to time. When updating and modifying the services, the Website might be unavailable during a period. Artelia Spain S.L.U. commits to schedule downtimes for updates and maintenance during the hours with less traffic on the Website to affect activity as less as possible but will not be deemed responsible for downtimes caused by external factors. More precisely, Artelia Spain S.L.U cannot be held responsible for temporary difficulties or impossibilities of access to the Website due to external circumstances, force majeure, or due to disruption of telecommunication networks.

Should the subscription fail to be renewed, Artelia Spain S.L.U. will remove access to the website and its contents. A notice will be sent to remind users before the expiration of the subscription period. Artelia Spain S.L.U. furthermore reserves the right to delete Your Content updated to the Website if Your account remains inactive for more than 6 months, unless an agreement is reached to maintain Your information. A notice will also be sent to remind former users before the removal of information.

You agree and acknowledge that You will no longer be able to access and/or download Your Content if You close, terminate, cancel or deactivate Your account. In these events, We have the authority to limit or deactivate Your access to Your Content, including but not limited to: creating, modifying, sharing, embedding or any functions You have used.

7. Refund Policy

Your accounts are prepaid and are non-refundable. We do not provide refund or credits for any partial month and year in the Subscription Period. For example, if Your billing cycle is on the 1st of every month, and You close and terminate Your account on 10th, You cannot get refund or credits. You will still have to pay for the current month, but You won’t be charged again after that. You must close Your account before it renews each billing cycle in order to avoid billing of the next billing cycle fees to Your credit card.

8. Termination

If You no longer wish to have a registered account, You may terminate Your account by sending an email to support.artelia360@arteliagroup.com. If You no longer accept these terms and conditions, or any future modification to these terms and conditions, You must cease using the Artelia 360 Website. Continued use of the Artelia 360 Website indicates Your continued acceptance of these terms and conditions.

If, for any reason, we believe that You have not complied with these Terms and Conditions, we may, at our sole discretion, cancel Your access to the registration areas of the Artelia 360 Website immediately and without prior notice.

You agree that We may modify, temporarily suspend or permanently terminate Your account and access to the Services for cause without prior notice, upon the occurrence of any requests by law enforcement authorities or other government agencies.

We may terminate Your registered account, at our sole discretion, by emailing You at the address you have registered stating that the agreement has terminated.

Termination of Your account includes; (i) removal of access to all Services; (ii) deletion of Your registration data; and (iii) irrevocable removal of Your Content and any data and files You have stored on Our Server.

9. Disclaimer of warranties

THIS WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS, AND ARTELIA SPAIN S.L.U. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND RELATED TO THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE. ADDITIONALLY, NOTHING CONTAINED ON THIS WEBSITE SHALL BE CONSTRUED AS PROVIDING CONSULT OR ADVICE TO YOU. WE SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESSED OR IMPLIED WARRANTIES, RELATED TO THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT OR FITNESS FOR ANY SPECIFIC PURPOSE.

ARTELIA MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM THE LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR THAT THE WEBSITE AND/OR SERVICES WILL BE SECURE, UNITERRUPTED OR ERROR FREE.

IN NO EVENT ARTELIA SPAIN S.L.U., NOR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES, SHALL BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE AND THE SERVICES, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT OR OTHERWISE, AND ARTELIA SPAIN S.L.U., INCLUDING ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LIABILITY (FOR EXAMPLE, LOSS OF REVENUES, PROFITS, DATA, DIGITAL FILES) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE AND THE SERVICES, SUCH AS, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE WITHOUT THIS LIST BEING EXHAUSTIVE.

ARTELIA PROVIDES NO WARRANTY REGARDING, AND WILL HAVE NO RESPONSIBILIDTY FOR, ANY CLAIM ARISING OUT OF: (I) AN UNAUTHORIZED ACCESS AND/OR USE OF THE SERVICES AND/OR TO THE WEBSITE; (II) A MODIFICATION OF THE SERVICES MADE BY ANYONE OTHER THAN ARTELIA, UNLESS ARTELIA APPROVES SUCH MODIFICATION IN WRITING; YOU’RE YOUR NEGLIGENCE OR FAILURE TO TAKE ADEQUATE MEASURES TO PROTECT YOUR CONTENT FROM INADVERTENT MODIFICATION, DELETION, DESTRUCTION OR DISCLOSURE; (V) IF THE INFRASTRUCTURE HAS BEEN SUBJECT TO AN EXTREME POWER SURGE OR ELECTROMAGNETIC FIELD, WHETHER OR NOT THROUGH YOUR FAULT; AND/OR (VI) IN GENERAL, ACCESS AND/OR USE OF THE SERVICES AND/OR THE WEBSITE THAT DO NOT COMPLY WITH THE SPECIFICATIONS, THE LAW, THE TERMS OF THE AGREEMENT AND ANY OTHER INSTRUCTIONS PROVIDED BY ARTELIA TO YOU FROM TIME TO TIME.

ARTELIA SPAIN S.L.U IS NOT AWARE OF THE CONTENT POSTED BY YOU OR ANY USER AS PART OF THE SERVICES, ON WHICH IT DOES NOT MAKE ANY MODERATION, SELECTION, VERIFICATION OR CONTROL OF ANY KIND. AS A CONSEQUENCE, ARTELIA SPAIN S.L.U CANNOT BE HELD LIABLE FOR THE CONTENT, WHOSE AUTHORS REMAIN THIRD PARTIES TOWARDS ARTELIA SPAIN S.L.U, AND ANY POSSIBLE CLAIM MUST BE ADDRESSED TO THE AUTHOR OF THE RELATED CONTENT.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU OR ANY THIRD PARTIES AS A RESULT OF THE TERMINATION OR DELETION OF YOUR ACCOUNT IN CONNECTION WITH THE USE OF ANY SERVICE. FURTHER, YOU AGREE THAT ALL TERMINATIONS SHALL BE MADE IN OUR SOLE DISCRETION AND THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCOUNT OR ACCESS TO SERVICES. IF WE ELECT TO TERMINATE THE AGREEMENT FOR CAUSE, WE MAY ELECT IN OUR SOLE DISCRETION, NOT TO REFUND ANY PREPAID FEES OR OTHER AMOUNTS TO YOU.

10. Indemnification

To the fullest extent, You hereby acknowledge that You shall indemnify, defend and hold Artelia Spain S.L.U. harmless from and against any and all liabilities, costs, demands, settlements, causes of action, damages and expenses (including reasonable legal and attorney’s fees) arising out of or in any way related to Your breach of any of the provisions of these Terms and Conditions.

11. Sanctions for breach

In case of breach of any of the provisions of these Terms and Conditions or more generally, infringement by a User of the laws and regulations in force, Artelia Spain S.L.U reserves the right to take any appropriate measure and in particular to:

1. Suspend or terminate the access to the Services of the User, author of the breach or infringement, or which may have participated to it,

2. Remove any Content posted on the Website,

3. Publish on the site any information message that Artelia will consider it useful,

4. Notify any authority concerned,

5. Initiate legal proceedings.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

13. Variation of Terms

Artelia Spain S.L.U. is permitted to revise these Terms at any time as it sees fit, and by using this Website You are expected to review such Terms on a regular basis to ensure You understand all terms and conditions governing use of this Website.

14. Assignment

Artelia Spain S.L.U. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of Your rights and/or obligations under these Terms.

15. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the country of Spain, and You submit to the jurisdiction of the courts located in Madrid (Spain) for the resolution of any disputes.

16. Privacy and confidentiality

Privacy and confidentiality is addressed in the Privacy Policy document available on the Website. Please refer to that document for any issues relating to this:

Privacy Policy