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This translated version is provided solely for ease of reference, and in the event of any difference in meaning or interpretation between this translated version and the English version, the English version shall prevail.

 

Terms of use & Legal notice

1.     Portal general information

2.     Owner and team´s role in the portal

3.     Memberships and functionalities

4.     Portal usage

5.     Portal users

6.     Registered members

7.     Members and users responsibilities

8.     JASR responsibilities

9.     External links

10.  Intellectual and industrial property

11.  Events, conferences and promotional activities

12.  Data protection and GDPR

13.  Social media

14.  Commitment

15.  Applicable law and jurisdiction

 

1. General Portal information

The content and domain of this Portal, formed by the website www.hotdcdeals.com, which give access to it, is the property of the autonomous JUAN ALFONSO SOLIS RIVERA To comply with the provisions of the LSSI Law, on Services of the Company of the Information and Electronic Commerce, below, we indicate the data of the general information of our Portal:

 

Owner of the portal: JUAN ALFONSO SOLIS RIVERA (hereinafter “JASR”)

CIF/VAT: ESY4964420E

Address: C/ de san quintín 1 – Madrid, España – Postal Code: 28013

For any request, information or doubt, you can contact us at: [email protected]

 

IMPORTANT – FOR THE ATTENTION OF THE USERS

THE USE OF THE WEB SITE OR APP HOTDCDEALS.COM OR ANY FUNCTIONALITY OF THE WEBSITE OR APP IMPLIES THE EXPRESS, COMPLETE AND WITHOUT CONDITIONS ACCEPTANCE OF THESE TERMS OF USE.

 

2. Owner and team´s role in the portal

JASR BY MEDIATION OF HOTDCDEALS.COM (HEREINAFTER, THE “PORTAL” OR “PLATFORM”), IS NOT THE BUYER NOR THE SELLER OF THE PRODUCTS OFFERED BY THE MEMBERS. HOTDCDEALS.COM SIMPLY FACILITATES A COMMUNITY SPACE WHERE DATA CENTER AND THEIR THIRD PARTIES OFFERS THEIR PRODUCT OR SERVICES TO OTHER MEMBERS, AND SPECIAL OFFERS FOR REGISTERED MEMBERS. ACCORDINGLY, THE PURCHASE OF ANY PRODUCT SOLD BY A SELLER, CONCERNS ONLY AND EXCLUSIVELY TO THE BUYER AND SELLER OF SUCH PRODUCT OR SERVICE, AS WELL AS THE COMPLIANCE WITH THE LEGAL OBLIGATIONS ARISING FROM IT. JASR IS NOT RELATED IN ANY FORM OR PART OF THAT CONTRACT, THREFORE JASR DOES NOT ASSUME ANY RESPONSIBILITY RELATED TO IT NOR ACTS AS REPRESENTATIVE OF EITHER PARTY.

 

The seller is responsible for the sale of its products, as well as for offering assistance regarding the buyer’s claims, or regarding any matter related to said contract between the buyer and seller.

 

3. Memberships and functionalities

 

Hotdcdeals.com provides 3 categories of annual memberships with the following functions for registered members:

a) 79€ – Standard: VIew and upvote deals from sellers.

b) 179€ – Gold Member: View, upvote, post, edit, comment all deals.

c) 279€ – Platinum Member: All gold functionalities plus brand positioning on landing page.

 

Memberships are auto-renewable annually, unless the member chooses otherwise.

Registered members who do not choose auto-renewal, will be notified 30 days before their membership expires, they should acknowledge renewal, transfer or its termination.

 

4. Portal Usage

HOTDCDEALS.COM Conditions are intended to regulate the use of the Portal that JASR makes available to the public. The objective of the Portal is to mediate the process of searching for offers through online channels for companies or individuals of a professional community. The navigation of a third party through the Portal, attributes the condition of user and, supposes the acceptance of each and every one of the conditions that are incorporated in this Legal Notice and its Conditions of Use.

HOTDCDEALS.COM makes available to users a professional platform in which registered members can:

 

1. Create and manage your professional/corporate profile

2. View and edit your deals on the portal, in addition to those from other members freely.

3. Publish deals worldwide.

4. Upvote any deal online.

5. Share your opinion with other members by posting comments, following our community rules.

6. Receive communications from Hotdcdeals.com, such as messages from the Support Team, which the Registered User agrees to receive to keep records of all interactions.

 

Access to the portal is governed by 3 types of memberships, however, the condition is established that in order to access certain functionalities, the user will have to register and choose one of them. The user’s responsibility extends to registration and use. In said registration, the user will be responsible for providing true and lawful information, then, the user will be able to choose their username and password.

 

With the registration you will access your own private area, where you can track your activity on our Portal, even a summary and recent activity by other members on HOTDCDEALS.COM. Also, by registering, you can access the purchase or follow-up of deals and participate in conversations within the community on the products and services offered.

 

The contractual policies, as well as the legal guarantees established for consumers and users are made by the company or the advertiser; JASR in this field is not responsible for products or services that are not completed or services not in accordance with the provisions of the offer. HOTDCDEALS.COM is not responsible for possible price deviations that the advertiser may choose when finalizing or negotiating the purchase.

 

HOTDCDEALS.COM is a platform that connects two or more parties to carry out a possible contractual transaction. The buying and selling parties will be guarantors of rights and obligations in the transaction, as well as the writing of that contract.

 

HOTDCDEALS.COM provides access to announcements, comments, coupons, topics, discussions, promotions, contests and data (hereinafter “the contents”) to which the user may have access. The user assumes responsibility for the correct use of the Portal and undertakes to make appropriate use of the content offered.

 

Users may publish maintaining respectful opinions, comments, communications, suggestions, ideas, questions or other information, as long as the content itself is not illegal, obscene, abusive, threatening, defamatory, or invades the privacy of other members or third parties.

Publishing content that could contain computer viruses, political propaganda or malicious advertising material, chain mailings, mass mailing or constitute any other type of “spam”, use of fake email addresses, or impersonate the identity of another person or entity, or in any other way falsify the origin of any content. If you consider that any content in HOTDCDEALS.COM or any material advertised breaks any of the above mentioned, please notify us through our contact form or emailing us.

 

5. Portal users

Just by browsing the portal, the visitor willingly becomes a user of the website and accepts the clauses expressed in this legal notice to that extent.

 

Access to the services of HOTDCDEALS.COM through the URL https://www.hotdcdeals.com or by other digital means, supports or devices enabled by JASR implies your acceptance of these Conditions of Use, whether you are a visitor or a registered member of the platform. Therefore, we invite you to read these Terms of Use and if you have any questions, please contact us through our contact form or email.

 

6. Registered members

 

Registration is done through the Portal. It implies the full, total and unreserved acceptance of these Terms of Use.

 

Any person of legal age can become a member. Registration in HOTDCDEALS.COM is not allowed to minors, therefore, by accepting these Terms of Use, you guarantee that you are of legal age and are entirely responsible for this requirement.

After registration, members will receive a confirmation email allowing them to access their Profile.

To set their profile, Registered members can upload their photo / logo and complete a form in which they complete their description or business profile.

The information entered by Registered members is published without limitation of duration and they are granted rights to delete or modify it at any time in a responsible manner.

 

HOTDCDEALS.COM does not intervene in the creation of the members profiles, nor can it by default verify the authenticity or reliability of the information provided by the registered members. Therefore, HOTDCDEALS.COM is not responsible for the information contained in the members´ profile.

As such, HOTDCDEALS.COM expects that each Registered member who joins the community, complies with the highest standards of good manners, decorum and mutual respect. Members agree not to use pseudonyms and avatars likely to offend the sensitivity of other members or third parties, against public order or morality. HOTDCDEALS.COM can moderate the pseudonyms and avatars used by members. HOTDCDEALS.COM reserves the right to refuse registration on the Portal.

 

One individual cannot have multiple profiles on the Portal.

 

As a Registered member of the portal, you are responsible for securing your Registered User account. To the extent permitted by applicable law, you agree to assume the responsibility for all activities carried out from your account. You must take all the necessary measures in order to ensure and safeguard the confidentiality of your password, you must change it whenever you consider it has been compromised, if you cannot do it yourself, you must inform us immediately.

 

7.    Members and users’ responsibilities

 

The user agrees to use the Portal, the contents and services in accordance with the Law and this Legal Notice. Similarly, users agree not to use the Portal, the services or products offered, for unlawful purposes contrary to the content of this Legal Notice, harmful to the interests or rights of members, third parties or even the portal itself.

 

The user agrees not to hinder the access to other users to the access service through the massive consumption of server resources through which the owner of the Portal provides the service, as well as taking actions that damage, interrupt or generate errors in said systems.

 

Registered members are responsible for all content they publish within the Portal, including publications, comments, topics, photos, messages or any other type of communication. Registered members guarantee that all the content they post on the Portal is correct and true (when they expose facts) or that they really believe what they publish (when they express their opinion).

 

It is not allowed and, therefore, its consequences will be the sole responsibility of the user, to publish content on the Portal that:

a) May be considered illegal, false, misleading, fraudulent, threatening, harassing, defamatory, slanderous, offensive, obscene, pornographic or profane; sexist, political or racist.

b) To Infringe the rights of third parties, including all intellectual property rights.

c) Be offensive or otherwise violate any applicable local, national or international legislation or regulations.

d) To not follow these Community Rules.

f) It is technically harmful (including, among others, computer viruses, malicious links, etc.)

g) To attempt to break, the security or authentication measures of the Portal or the security systems in place to protect the audiovisual content offered on the Portal.

h) Carry out any action the purpose of which is to use the Portal illegally, against good faith, morality or public order.

i) Prevent the normal development of an event, contest, promotion or any other activity available through the Portal or any of its functionalities.

 

JASR will pursue the breach of these conditions legally along with competent authorities, as well as any inappropriate use of the Portal, exercising all civil and lawful actions against the offender. JASR may inform and collaborate with the corresponding authorities in a timely manner if it detects any infraction of current legislation or if it suspects the commission of a crime.

In the event of a discrepancy between the provisions of these General Conditions of Use and the particular conditions of each specific service, the provisions of the latter shall prevail.

The non-exercise or execution by JASR of any right or provision contained in these General Conditions of Use will not constitute resignation thereof, unless acknowledgment and agreement in writing by JASR.

 

In the event that any provision or provisions of these Conditions of Use are considered null, void or inapplicable, fully or partially, by any Court or competent administrative body, said nullity will not affect the other provisions of these Terms of Use.

 

HOTDCDEALS.COM reserves the right to make any changes it considers appropriate on the Portal without prior notice, being able to change, delete or add both the content and services provided on it, its design or location on the Portal.

 

8. JASR responsibilities

The Portal has been designed as a community space aiming to share deals or offers of data centers that promote the reuse of vacated space and power, decommissioned equipment and other new green, recycling resources and power techniques and their derivatives. Users are provided with a service platform, as well as tools and technical means that allow sharing offers, therefore, it only intervenes as a content host, providing only simple technical services for content storage and the provision of spaces in the sense of the law and Spanish jurisprudence.

 

JASR does not provide moderation or prior control of any kind on most of the content published by Registered Users unless it is notified by any member, but may intervene in case of illegal content or breach of the Terms of Use. JASR has no prior knowledge of the information published and / or disseminated by Registered Users, to whom only access is provided. Consequently, it cannot be held responsible on this basis. The possible design or format of these elements automatically generated by the Portal does not imply in any case involving JASR in their publication.

 

JASR IS NOT RESPONSIBLE FOR THE CONTENT GENERATED BY REGISTERED MEMBERS, REGISTERED USERS GUARANTEE THAT THE CONTENT THEY SHARE IS LEGAL, LEGIT AND COMPLIES WITH THESE TERMS OF USE.

 

Furthermore, JASR is not responsible for:

a) Any loss or damage that may be caused as a result of any publication by any user or member;

b) Legitimacy in any publication, information or video that appears on the Portal or that results from any publication by a Registered member.

c) Any edition or removal of content that a Registered member may perform on the Portal that may be offensive or against these terms of use.

d) The relationship of the Registered member with other members they interact with.

e) Lack of access or inability of the Registered member to use the Portal in general.

f) The impossibility of the Registered member to keep a password or the information communicated in the framework of their registration securely and confidentially;

g) The impossibility of the Registered User to delete, or the impossibility of storing or transmitting information, comments or posts.

h) Any information and / or content published on the Portal by a Registered member;

j) any content inserted in messages sent through the Portal by a Registered member.

 

9. External links

 

JASR provides and allows links or hyperlinks to other Internet addresses of members and sponsors, JASR does not exercise any control over such sites and content. In no case will JASR assume any responsibility for the contents and services of any link belonging to these parties´ website, nor will it guarantee the technical availability, quality, reliability, accuracy, veracity, validity of any material or information contained in any. of said hyperlinks or web sites.

 

In this sense, if you know of the illegality of activities carried out through third-party web pages with a link on our website, please immediately communicate it to [email protected] or through our contact form in order to proceed. to disable the link or post.

 

In the case of links on other web sites pointing to HOTDCDEALS.COM, if what you would like to do is put links on your web site that lead to our Portal, remember that you must comply with the following conditions:

 

1. The link will only allow access to the Portal, but you will not be able to replicate the Portal in any way.

2. It is not allowed to fake links to the Portal or domain for vicious purposes.

3. It is not allowed to create a browser or a “border environment” over any section of the Portal, nor can the Portal be modified in any other way by that link.

4. It is not allowed to make false, inaccurate or incorrect statements about the Portal and / or in particular, to state or imply that JASR has authorized your link in any way the content or services published in your web site.

5. The web page on which our link is shown may not contain any brand, logo, slogan or other distinctive of HOTDCDEALS.COM except for those thumbnails that are part of HOTDCDEALS.COM

6. The web page in which our link is shown must not be or contain illicit information or content, contrary to generally accepted morals and good customs and public order, nor will it contain content contrary to any third-party, including property, intellectual and industrial rights.

 

JASR has no power or human and technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to HOTDCDEALS.COM. In this sense, JASR does not assume any type of responsibility on this respect.

 

10. Intellectual and industrial property.

 

All the content and design published and stored on www.hotdcdeals.com, unless otherwise indicated, are the exclusive property and are registered by JASR and, by way of example, but not limitation, the graphic design, the logos, the texts, graphics, audios, videos, illustrations, and other elements that appear on the Portal.

Therefore, the user acknowledges that the manipulation, distribution, marketing, transformation, and in general, any other form of exploitation, by any procedure, of all or part of the contents of this Portal constitutes an infringement of intellectual property rights and / or industrial of the owner of the Portal or the owner thereof.

 

Regarding the content from members and their respective brands, products and services: JASR recognizes the property of their owners for the corresponding industrial and intellectual property rights, their mere mention or appearance in the Portal not implying the existence of any rights or responsibilities to JASR. Likewise, all trade names, brands or distinctive signs of any kind contained on the Portal are protected by international and local law.

 

JASR, by itself is the owner of all intellectual and industrial property rights of the Portal. By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law of the Royal Decree, the reproduction, distribution and public communication, including all or part of the contents of the Portal, for commercial purposes, in any means – physical or electronic – without the authorization of JASR. The user of the Portal agrees to respect the rights of Intellectual and Industrial Property owned by JASR.

 

You can view the elements of the Portal and even print, copy and store them on your computer’s hard drive or any other physical medium as long as it is, solely and exclusively, for your personal and private use. The user must refrain from deleting, altering, copying or manipulating any protection device or security system that was installed on the HOTDCDEALS.COM page.

 

11. Events, conferences and promotional activities.

 

JASR or third-party collaborators may organize through the Portal: events, contests and / or promotional activities related to the data center sphere.

In this sense, participation in possible events, contests or promotional activities offered by JASR, will imply acceptance, where appropriate, of the particular conditions of each of these events, contests and / or promotional activities separately. In general, participation in these events, contests and / or promotional activities may be subject to additional requirements of the participants (age, place of residence, etc.), and the delivery of the prizes to the winners may be subject to compliance. of certain conditions, which will be duly announced.

 

The following general conditions of events, contests and / or promotional activities offered by JASR or its collaborators through the Portal will also be applicable, unless they are opposed to what is detailed below in the particular rules applicable:

 

a) Participation in contests and / or promotional activities available through the Portal is personal and non-transferable, a third party’s participation may not be acceptable.

b) Minors under the age of 18 may not participate in the events, contests and / or promotional activities available through the Portal.

c) The employees of JASR or their direct relatives, or of any sponsor and / or collaborating company in the organization of the event, contest and / or promotional activity, may not actively participate or win a prize in the event, contest and / or activity promotional to avoid conflicts of interest.

d) JASR may end early and / or extend the event, contest or promotional activity if it is reasonable or necessary without being responsible for any loss from any party involved.

 

e) In the event that JASR detects any anomaly or fraudulent action or suspects that a participant is trying to prevent the normal development of an event, contest or promotional activity, JASR may unilaterally and without prior notice, remove the registration of that participant, as well as withdrawing the event, contest or promotional activity, and / or declaring it void, without JASR incurring any responsibility towards the participants.

f) The prizes will be personal and non-transferable. No prize may be exchanged for other goods, services, favors or delivered in cash. If necessary, JASR reserves the right to substitute prizes with others of equivalent value.

g) The winner of the event, contest or promotional activity that receives a prize will be responsible for the applicable taxes and for any expenses that are not included in the description of the prize.

In no case will JASR be liable for any damages suffered by the winner or third parties in relation to the prize or participation in the event, contest or promotion in question.

For their participation in the event, the participants assign to JASR all the rights of exploitation of intellectual and industrial property, including those of image, on the comments, photographs, videos or any material that results out of the event directly or indirectly to JASR. In the event that the rights to the photographs, videos or any other content and / or materials belong to a third party that is not a registered member or JASR collaborator, the participant must obtain authorization from the third party that owns the rights for example, reporters or TV.

JASR may suspend or cancel any event, contest and / or promotional activity for reasons of force majeure.

Participation in any of our contests or promotions implies full acceptance of these general conditions of events, contests and / or promotional activities, of the Conditions of Use, as well as the particular conditions applicable in each case.

 

Participants should know that in the events, contests and promotional activities organized by JASR´s collaborators, the possible claims that may occur, should be directly claimed to these companies, not JASR being responsible, direct or indirectly, in the event of any failure, error or in general, non-compliance of said collaborating companies with respect to the events, competitions, and / or any promotional activities available through the Portal and organized by them, being these companies exclusively responsible.

 

JASR is not responsible for damages of any nature that may occur from any vicious attack performed apparently from our website. Of course, we are making our best efforts to ensure the continuity, security and quality of the Portal based on the current measures available in the market. However, we cannot guarantee the permanent availability and continuity of the Portal’s operation, the absence of viruses or other elements that may cause alterations to your computer system, or the reliability, usefulness, veracity, accuracy, completeness of the information contained on the Portal, and therefore we are not responsible in the event that any of these circumstances occurs.

JASR reserves the right to deny or withdraw access to the Portal and / or the services offered without prior notice, at its own request or by a third party, to those users who fail to comply with these Terms of Use.

 

12. Data protection and GDPR.

 

At HOTDCDEALS.COM, we respect and take into account the data protection or GDPR principles and standards. You will find all the information about the treatment of your data in our privacy policy.

If you have any questions or complaints regarding our practices or Privacy Policy, you can contact us through our contact form or at [email protected]

 

13. Social media.

HOTDCDEALS.COM has presence on the main social media networks with its official pages and profiles:

 

YOUTUBE: https://www.youtube.com/channel/UC9DYsVzh7VjHIPlxTUClk5A

LINKEDIN: https://www.linkedin.com/company/hotdcdeals

FACEBOOK: https://www.facebook.com/hotdcdeals

 

Each of these networks has topics related to the different options, events, conferences, and also includes certain content of its own copyright and ownership. The fact of publishing certain information on a social network does not imply that an unlimited use license is granted for said content, but rather that the user must use said information and content in accordance with current legislation and the rules of participation of that specific social network.

 

Regarding events, JASR may organize different actions or campaigns so that users of social networks participate directly through a social network. The information on the conditions of participation will be published on the JASR Portal and users of social networks will be informed through links to the portal or through other relevant means.

 

The actions of participation in social networks will be properly identified with labels, or they will take place directly to one of the official channels of the HOTDCDEALS.COM Portal on social networks, so that the user will know at all times that they are part of a event organized by JASR or its collaborating third parties.

 

14. Commitment

JASR, hereby undertakes not to carry out misleading advertising. In this respect and therefore, formal or numerical errors that may be found throughout the content of the different sections of the Portal or events, produced as a result of incomplete or faulty maintenance and / or updating of the information, will not be considered as misleading advertising. contained in these sections. JASR as a consequence of the provisions of this section, undertakes to correct it as soon as it becomes aware of such errors.

 

15. Applicable law and jurisdiction.

 

The relationship between JASR and users or members related to any controversies generated by this portal and its terms of use, will be governed by current Spanish regulations and will be submitted to the Courts and Tribunals of the city of Madrid, Spain; however, the parties involved will make a reasonable and necessary effort to resolve differences through passive channels of negotiation, mediation or arbitration to avoid any type of side damage to either party.

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