GENERAL CONDITIONS OF ACCESS AND USE
The proprietor of the websites accessed through URL addresses en.needen.it and www.needen.com (the “Web”) is the entity NEEDEN EUROPA, S.L., operating under the trading name Needen® (“NEEDEN EUROPA”), with identification details as follows:
Registered office: Via Laietana 47, 2th floor 08003 Barcelona
Tax Id no: B-67329508
Email: customerservice@needen.it
Telephone: +39 02 8148 0723
Registration details: entered in Barcelona Mercantile Registry at 46670, volume 221, folio B-527271.
Access to the Web
The General Conditions of Access and Use govern access to and use of the NEEDEN EUROPA Web made available to Internet users for the purpose of supplying information on NEEDEN EUROPA, its products and/or services.
The contents of the Web are addressed exclusively to persons aged over (14) years, so that, when registering in the Web to receive newsletters, the user must confirm being of that age. In that connection, NEEDEN EUROPA reserves the option of requesting the user, at any time, to produce documentation to accredit that age. In the event that NEEDEN EUROPA finds that the user is not of the age required or that the user does not attend to the requirement by NEEDEN EUROPA, or does not attend to it correctly, NEEDEN EUROPA will cancel that user’s registration.
Access to and use of the Web by the user implies acceptance of these General Conditions of Access and Use. In consequence, we ask you to read these General Conditions of Access and Use carefully when you are intending to use the Web as they may be adapted and/or altered at any time. If you do not accept these General Conditions of Access and Use, please refrain from using the Web and its content.
User account
When the user registers on the Web, NEEDEN EUROPA will advise the user of the account and access keys through the contact means indicated by that user.
Using the Web
The user undertakes to make a proper use of the Web and of the information regarding goods and/or services contained therein, always subject to the applicable regulations and the General Conditions of Access and Use.
Therefore, the user undertakes the following:
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To respect other Web users.
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Not to make comments or publish contents which are (i) unlawful, violent, pornographic, racist, derogatory or offensive; and/or (ii) inappropriate or irrelevant in relation to the activities of NEEDEN EUROPA, its products and/or services.
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Not to do anything with the aim of damaging, disabling or overloading the Web or which would in any way interfere with its normal use and/or function.
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Not to transmit contents which could contain viruses, scripts or other malicious codes or programmes with destructive or damaging properties or programmes tending to interrupt, destroy or limit the functionality of any software or hardware.
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Not to interfere with or in any way condition the security of the Web or use in any abusive manner the resources, services and products available there.
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Not to access, alter, adapt and/or apply inverse engineering, decompile, disassemble or, in any way, interfere with the Web.
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Not to insert data or hyperlinks in the Web, except those expressly permitted by NEEDEN EUROPA in accordance with the section on ‘Policy in matters of links’.
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Not to ask for information on starting the session or access an account belonging to another user.
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Not to carry out actions which could deactivate, overload or affect the correct functioning of the Web.
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Not to create more than one personal account per user.
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Not to use the account registered in the Web to obtain financial benefits.
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Not to share credentials or do anything which compromises the security of the user account.
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Communicate to NEEDEN EUROPA, through the account customerservice@needen.it, any incident regarding security and confidentiality relating to the user account.
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Close the session in the user account, having finished access to and use of the Web.
The user is informed that, in the event of non-compliance with the General Conditions of Access and Use or any other terms and conditions set out in the Web, NEEDEN EUROPA reserves the right to limit, suspend and/or terminate that user’s access to the Web, adopting any technical measure that may be necessary for the purpose, at any time and without notice.
NEEDEN EUROPA makes its best efforts to keep the Web in good working condition, avoiding errors or, where necessary, repairing them, and keeping the Web contents duly updated. However, NEEDEN EUROPA does not guarantee the availability and continuity of access to the Web or that there are no errors in the contents, or that these contents are always fully updated.
NEEDEN EUROPA reserves the right to make alterations, delete items and/or update the information contained in the Web at any time, including the configuration and presentation.
Responsibility
Both access to the Web and the use that may be made of any information contained therein are under the user’s exclusive responsibility.
The user is also responsible for the security and confidentiality of the account and credentials.
NEEDEN EUROPA will not, in any circumstances, be liable in any of the following suppositions:
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For any loss and/or damages that may arise, directly or indirectly, from access to or use of the information contained in the Web and, especially, information relating to third parties other than NEEDEN EUROPA, including, but not limited to, effects caused by the introduction of viruses and/or cyber attacks.
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For any loss and/or damages that may be suffered by users due to inadequate use of the Web or to any crash, interruption, absence and/or fault in communications.
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For any loss and/or damage to the user’s software or hardware resulting from access to the Web.
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For any infringement of the Web, or any of its elements, committed by an entity other than NEEDEN EUROPA.
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For any infringement resulting from the user’s inability to implement in time the updates/versions of the Game received from NEEDEN EUROPA.
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For any infringement arising from any use of the Web and/or the Game which does not comply with the terms and conditions permitted under the General Conditions of Access and Use and any others that may be applicable.
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For any incident, suspension, interruption or crash in the Internet which affects the availability and/or continuity of access.
The user will be answerable for loss and damages of any kind suffered by NEEDEN EUROPA as a consequence of non-compliance with any of the obligations to which the user is subject under the General Conditions of Access and Use or the legislation applicable in relation with use of the Web.
Blog
Web users can contribute their own comments to the NEEDEN EUROPA Blog, in accordance with the terms and conditions given in the General Conditions of Access and Use.
In every case the person identified as producing the comment will be responsible for it. In no case does any comment reflect the opinion of NEEDEN EUROPA.
NEEDEN EUROPA takes no responsibility for the possible errors, inaccuracies or irregularities that may be contained in the comments published, or for any loss and damages which may result from the comments inserted.
The user contributing the comment grants rights to NEEDEN EUROPA for its reproduction on any form of support and for the use, distribution, public communication or any other type of activity concerned with such comments.
The user also declares being the proprietor of rights over the comments, where appropriate, or guarantees having obtained the necessary rights and authorisations from the author for their use by NEEDEN EUROPA.
NEEDEN EUROPA accepts no liability for loss or damages that may be caused by the use, reproduction, distribution or public communication or any other type of activity concerned with contents which are protected by intellectual property rights belonging to third parties, without the user having duly obtained from their proprietors the necessary authorisation for the intended use.
Social networks
NEEDEN EUROPA has profiles in some social networks (such as, for example, Facebook and Instagram), for the purpose of providing information on its products and/or services.
Users who follow any of the profiles open for NEEDEN EUROPA in social networks must respect and comply with the terms and conditions of the social network in question.
NEEDEN EUROPA can undertake the following actions:
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Accessing public information on the user’s profile.
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Sending individual messages through social network channels, when these are permitted.
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Updating the state of the profile to be shown in the user profile.
NEEDEN EUROPA reserves the right to undertake competitions, promotions and/or draws through its accounts in the social networks.
Advertising
NEEDEN EUROPA can include in the Web contents advertising and/or sponsored by third parties. The advertisers and sponsors will be solely responsible for ensuring that the material remitted for inclusion in the Web is in full compliance with the legislation that may be of application in each case.
In consequence, NEEDEN EUROPA will not be liable for any error, inaccuracy and/or irregularity which may occur in the advertising or sponsored contents or for any non-compliance with current regulations.
Policy in matters of links
a) Links with the Web
Those third parties which have the intention of including in a website (“Linking Website”) a link which leads to the Web, or an insert with a link, must necessarily obtain written consent beforehand from NEEDEN EUROPA.
In no case does the authorisation granted by NEEDEN EUROPA mean that it warrants, promotes, guarantees and/or recommends the content and/or services of the Linking Site or that it is responsible for its contents.
The Linking Site must comply with current legislation and may not, ever, host contents, its own or of third parties, which are unlawful and/or harmful (violent, racist, derogatory, etc.) and/or are inappropriate or irrelevant in relation with the products and/or services of NEEDEN EUROPA.
In the event of non-compliance with any of the terms set out above, NEEDEN EUROPA will immediately proceed to withdraw the consent given to the Linking Site, which must then remove the link.
b) Links with other websites
The Web can include various links which allow the user to access other websites (“Linked Sites”).
In no case does the existence of Linked Sites mean any recommendation, promotion, identification and/or agreement by NEEDEN EUROPA with the statements, contents and/or services provided through the Linked Sites.
In consequence, NEEDEN EUROPA takes no responsibility for the content, conditions of use, privacy policies and other conditions of the Linked Sites, the user being solely responsible for checking them and accepting them each time they are accessed and used.
Intellectual and industrial property
All intellectual property rights over designs, databases, underlying computer programmes (including the source codes), as well as the various elements integrated into the Web (texts, graphics, photographs, videos, sound recordings, colour combinations, etc.) [the “Contents”], their structure, selection and order, are the property of NEEDEN EUROPA or, as applicable, of their licensors.
The distinctive signs included in the Web are the property of NEEDEN EUROPA or of their licensors. Also the domain names en.needen.it and needen.com in which the Web is lodged are the property of NEEDEN EUROPA.
Through these General Conditions of Access and Use, the user is expressly prohibited from the reproduction, transformation, distribution, public communication, availability, résumé and/or any other form of diffusion not expressly authorised, concerned with the Web, its Contents and/or the distinctive signs and domain names the property of NEEDEN EUROPA.
Unauthorised use of the Contents and any loss and damages which are caused in the intellectual and industrial property rights of NEEDEN EUROPA can give rise to the exercise of the actions legally open to it and to the liabilities which, as appropriate, may arise thereby.
Personal data protection
Aspects relating to the processing of personal data of Web users are regulated in the Privacy Policy.
Nullity
If any of the clauses of the General Conditions of Access and Use should be declared, totally or partially, null or ineffective, that nullity or ineffectiveness will only affect that clause or the part of it which is null or ineffective and all the rest will remain valid, the affected clause or part of it being understood as not there.
To that end, the General Conditions of Access and Use will only cease to be valid exclusively with respect to the null or ineffective clause, and no other part or clause will be cancelled, invalidated, prejudiced or affected by that nullity or ineffectiveness.
Legislation applicable and jurisdiction
Access to and use of the Web will be governed and interpreted in accordance with Spanish legislation.
In the event that any conflict or disagreement should arise in the interpretation and/or application of the General Conditions of Access and Use, the competent courts will be those defined in the legal regulations applicable.
