1.-Ownership of the Website
NYOTA DESIGN, S.L. (NYOVA), is a new brand that, through competitions, selects the best young designers to produce and sell the winning designs via the website to our exclusive clients.
Owner: Nyota Design, S.L.
Register: Companies Register of Valladolid. Volume 1.461, Sheet 156, Page VA-26.582.
CIF (Spanish tax ID number): B-47.724.489
Address: C/ Santiago 28 5º B, 47001 – Valladolid, Spain
2.- Condition of User and Acceptance of the General Terms and Conditions
Use of the NYOVA website www.orbidev.com (henceforward “Website”), access by registration and the presentation of designs are subject to the following General Terms and Conditions of Access (henceforward “General Terms”).
The fact of accessing this Website confers “User” status, and implies that you have read and accepted, without reservation, these General Terms. We ask that you read these General Terms carefully and if you do not accept them, please refrain from using this Website.
The User undertakes not to use this Website for fraudulent purposes, and also not to act in any way that may damage the image, interests or the rights of NYOVA or third parties. Similarly, the User undertakes not to carry out any act with the purpose of damaging, rendering useless or overloading the Website, or that may prevent, in any way, its normal use and functioning.
The User will respond to NYOVA or third parties for any damages that may be caused as a consequence of the breach of this obligation.
3.- Creation of an account for the presentation of designs.
The User declares and guarantees: a) That he/she is authorised to accept this agreement in their own name and/or in the name of the legal entity they profess to represent; b) That all information requested and that the User communicates to NYOVA for registration is accurate and correct; c) That he/she will maintain this information accurate, true and updated; d) That he/she is between eighteen (18) and thirty-five (35) years of age; e) That he/she is not impersonating the identity of other users or third parties; and f) That he/she is solely responsible for the designs presented and, as a consequence, does not infringe the industrial or intellectual property rights of any third party.
On accessing this Website, NYOVA will ask you to select a User Name and password. The User is responsible for maintaining their password confidential. The User undertakes not to use the account, the User Name or password of another User at any time and to notify NYOVA immediately if they suspect that anyone has used their account or has entered their password without authorisation. The User is solely responsible for the use of the account.
The User shall not use information or images or other content that shows nudity, violence, explicit sex, discriminatory, xenophobic, racist, damaging, threatening or slanderous content that invades the privacy of others, that violates the rights of minors and youth, or any other content that may be incompatible with these General Terms, with current legislation or that may result offensive or contrary to public order or safety.
In accordance with Organic Law 15/1999 on the protection of personal data, NYOVA respects the rights of the User. Personal data that is collected on the Website is kept in a file under their ownership, only for the duration of time necessary to deal with the request, upholding all corresponding means of confidentiality and security, in accordance with the provisions of Royal Decree Law 1720/2007 on the implementation of Organic Law on Personal Data Protection.
4.2.- Implementation of security measures
NYOVA has implemented technical security measures on the protection of personal data in accordance with legislation on data protection, including, amongst others, Royal Decree Law 1720/2007.
4.3.- Collection of the User’s Personal Information
NYOVA collects personal information related to the User (that is, information that can identify the User in some way, such as their name, address and age, as well as other contact data such as telephone number, email address, etc.) via this Website (henceforward “Personal Information”), only when the User voluntarily provides this information.
The User is free to provide or not to provide Personal Information. If you do not wish your Personal Information to be collected, you should not provide this information, in which case the User will not be able to access all the services offered on the Website by NYOVA.
The information the User provides to NYOVA via the Website must be accurate. To these effects, the User guarantees the authenticity of all data communicated to NYOVA who under no circumstances shall be responsible for any inaccurate declarations made by the User.
In accordance with that set forth in Organic Law 15/1999 and its implementing regulation, NYOVA advises that all data provided by Users during the use of the Website shall be included in a file under the ownership of NYOVA for the purpose of managing the relationship between NYOVA and Users, using this data for the purposes that are listed in the following section relating to the “use of personal information”.
4.4.- Use of Personal Information
NYOVA shall use the personal data in accordance with the purposes that are indicated in the respective statements and/or special conditions to conduct the different types of relationships that may arise with NYOVA as a consequence of requests, operations or procedures to which the corresponding form, completed and accepted by User, refers. To summarise, all personal information provided by Users may be used by NYOVA for the following purposes, in compliance with that stipulated where appropriate, by form or application used and accepted by the User:
- To respond to any queries, questions and requests made by the User themselves via the Website.
- To deal with the presentation and evaluation of designs submitted to the competition.
- To deal with and manage orders, purchases and sales made by the User in the online store, via the Website.
- To provide the User with information on products or promotions and other offers via any means, including digital.
- For other purposes that are indicated at the moment of collecting the information or in additional Terms and Conditions applicable to a specific activity on the Website.
Alternatively, should the User not want that their Personal Information be used for a specific purpose, or if they do not wish it to be communicated to third parties, they may “disallow” this at any moment, by contacting the Company using the contact details as stated in the first clause of these General Terms and Conditions. They may also make specific “disallowances” at the moment of collecting the Personal Information or in response to Communications that the User receives indicating that they do not wish to receive further Communications as of that moment.
Nevertheless, they should bear in mind that by “disallowing” these services, it is possible that they will not be able to participate in certain activities on the Website.
NYOVA may only share Personal Information, under the ownership of the Users without requiring their express authorisation to share it, with third parties that collaborate with NYOVA (such as financial bodies that collaborate in the handling of sales and purchases made in the online store, transport companies for the delivery of goods bought in the online store, advertising companies that participate in the promotion of competitions to be held, etc.), providing this is necessary to carry out functions or provide services in the name of, or in relation to, the Website, but never for purposes other than those indicated in this point. These third parties are bound by legal obligation to NYOVA as being responsible for processes in the sense of Article 12 of the LOPD (Organic Law for Data Protection), and have a duty to maintain all Users’ Personal Information confidential, using it only under instructions as given by NYOVA.
Your personal data shall not be the object of communication or treatment other than that indicated without seeking your prior consent.
5.- Industrial and intellectual property
5.1.- Industrial and intellectual property of the Website and of the content published on the Website.
The Website, especially its source code, design, browsing structure, databases and the different content published in it are under the ownership of NYOVA, that is exclusively entitled to the right to use these in any form, and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with applicable Spanish and European Union law.
Under no circumstance shall it be deemed that NYOVA has conferred any right or waiver, transfer or total or partial assignment of the aforementioned intellectual and industrial property rights, and in particular, has granted, any right or expectation of right to alter, operate, reproduce, distribute or publicly communicate the contents contained in this Website without the prior express permission of NYOVA or of the relevant rights holders.
The User authorises NYOVA via its Website to use freely and across the broadest means possible photographs, images, plans and drawings in which their design(s) are reproduced (whether it be the design individually, or part of it, or in combination with other designs of other Users), that have been provided by the User themselves to NYOVA, or, where relevant, have been created by NYOVA itself or by a third party at NYOVA’s request.
Therefore, solely for information purposes, the User, in accordance with current legislation, shall refrain from:
- Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the content hosted on this Website, apart from instances authorised by law or expressly authorised by NYOVA.
- Reproducing or copying the content hosted on this Website for private use that may be considered as Software or Databases in accordance with current legislation governing intellectual property, as well as rights on designs for the purpose of the competition, and also their public communication or being made available to third parties when these acts necessarily involve the reproduction by the User or a third party.
- Extracting and/or reusing all of or a substantial portion of the Contents that form the Website or that are made available to Users.
5.2.- Links to third party sites.
NYOVA provides links for your convenience and use, and the inclusion of any link does not imply the approval of the website by NYOVA, merely that the function of the links that appear on this Website is exclusively to inform the User of the existence of other sources of information on the subject matter on the Internet, where they can find further details on that which is offered on this Website. These links do not imply any suggestion, invitation or recommendation to visit the destination sites, and for this reason, NYOVA shall not be held responsible for the results obtained via these links.
6.- Responsibility for the use of the Website
NYOVA shall be held responsible for any damages that the User may suffer as a consequence of the use of the Website when this damage is directly attributable to the wilful misconduct or negligence of this company and no fault or negligence lies in the actions of the User. At all events, there shall not exist any wilful misconduct or negligence committed by NYOVA when there is proof that it has complied with all established legal and regulatory requisites and requirements and other due care and diligences that the nature of the service demands.
The information society services offered on the Website and that are not subject to prior contracting are offered to the User without any quid pro quo whatsoever and only require that the User fulfils the duty of complying with the rules of use as set out in these Terms and Conditions. NYOVA, therefore, does not have, with respect to these services, any obligation to comply with certain levels of availability of the Website, nor adopt specific security measures. Similarly, NYOVA may partially or totally terminate, take down or cancel services that are not under contract at any moment and without the necessity of prior notification. The previous provision shall not affect any services that are reserved for registered Users or those that are under prior contract and that shall be governed by their specific terms.
The connection to the Internet required to access the service is under no circumstances provided by NYOVA and is the responsibility of the User. The User is informed that communications via open networks are not secure. It is the responsibility of the User to adopt all suitable technical means to reasonably control these risks and avoid damage to their equipment, loss of data and theft of confidential information. To this end, you should have updated systems to detect malicious software, such as viruses, Trojans, etc., as well as having updated security patches for the corresponding browsers you use. For more information you can contact your Internet service provider who will provide you further details.
NYOVA accepts no responsibility for any damages that may arise from, including but without limitation, (i) Interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the devices and computers of the Users, brought about by reasons not connected to NYOVA, that prevent or delay the provision of services or browsing; (ii) Delays or blockages in use due to deficiencies or overloading of the Internet or in other electronic systems; (iii) Third parties through illegal interferences beyond the control of the Website and that are not attributable to NYOVA; (iv) The impossibility of providing the service or permitting access for causes not attributable to NYOVA, due to the User, to third parties, or to cases of force majeure.
Likewise, it is hereby stated that access to the Website does not imply the obligation by NYOVA to check the truthfulness, accuracy, suitability, completeness and current relevance of the information provided by it.
7.- Electronic communications and notifications
7.1 Electronic Communications
Communications between the User and NYOVA shall be effected by electronic means and will occur when a User visits the Website, or sends an email to NYOVA, or when NYOVA publishes news on its Website or sends emails to one or more Users. For contractual purposes, the User (a) Accepts the receipt of communications from NYOVA in electronic format; and (b) Accepts that the Terms and Conditions, agreements, notifications, publications and any other communication effected by NYOVA by electronic means shall comply with the same legal requirements as if these same communications had been made in writing. The above does not affect your statutory rights.
NYOVA may deliver any notification required by these General Terms, publishing a general notification on its Website, sending an email to the email address that you provided to NYOVA or by means of written communication sent by post.
The User may send notifications to NYOVA to the email address, or to the address indicated in the first clause of these General Terms.
8.- Non-Compliance with the General Terms by the User and right of exclusion
The User accepts that the non-observance of any of the General Terms shall constitute non-compliance with them, with NYOVA reserving the right to deny or suspend any User access to the Website, who has not complied with the General Terms, without prior notification.
NYOVA also reserves the right to accept or withdraw all designs that are unlawful or may injure goods or rights of third parties that may be liable to compensation. In particular, and notwithstanding that which is expressly included in these General Terms, anyone who affronts personal dignity, is discriminatory, xenophobic, racist, injurious, threatening, slanderous, who invades the privacy of others, who infringes the rights of industrial and intellectual property of third parties, who violates the rights of minors and youth, is deemed to be offensive or contrary to public order or safety, or who is judged to be inappropriate by NYOVA, will not be considered suitable for their inclusion in this Website.
In the event of a serious breach of the General Terms or applicable legislation, NYOVA, without prior notification, may cancel the account of the User, a circumstance that will be communicated to the User via the procedure relating to the cancellation of accounts for use at any moment. NYOVA assumes no responsibility whatsoever to the User for the cancellation of an account or the subsequent deletion of their information and designs.
NYOVA may modify the General Terms at any time and any modification will be applicable to all Users. In the event that the User continues using the Website subsequently, it shall be deemed that the User has accepted the modified General Terms. If a User is not in agreement with any of the modifications made, they should refrain from accessing the Website.
10.- Exercise of rights
To exercise the rights of access, opposition, cancellation and rectification, as well as the defence of freedom of expression, the dissemination of accurate information and respect for the law, any natural or legal person that may consider themselves to be affected by any content belonging to NYOVA may contact us to resolve the dispute by email or regular mail or certified letter to the address indicated in the first clause of these General Terms.