1. Legal Notice

1.1. Navigating through our website (www.niviuk.com, from now on “the Website”) you acquire the User legal position (from now on “the User), accepting without reservation all the terms of this Legal Notice, the Website Privacy Policy and, if applicable, the Purchasing Conditions.

1.2. In no event shall NIVIUK be liable for any special, incidental, indirect or consequential damages of any kind arising out of the use of the Website against the terms of this Legal Notice, the Website Privacy Policy and, if applicable, the Purchasing Conditions.

1.3. NIVIUK will be allowed to modify this Legal Notice, the Website Privacy Policy and, if applicable, the Purchasing Conditions at any time and without previous notice publishing the modifications on the Website, so that the Users will be able to know them.

2. Intellectual and industrial property rights

2.1. This Website, including but not by way of limitation its programming, editing, compilation, designs, trademarks, logos, images, texts and graphics, belongs to NIVIUK and is protected by the national and the international legislation on intellectual property. The User’s access to the Website does not grant him/her any property right related to it.

2.2. In case you found any content capable of violating any intellectual or industrial property right on the Website, we beg you to inform NIVIUK about it as soon as possible sending an email to info@niviuk.com.

3. Civil liability

3.1. The Website content complies with the Spanish current legislation. NIVIUK’s liability can’t be invoked for products failing to comply with the requirements of third countries’ legislation. Therefore, the User undertakes to verify the legality of our Website content in relation to his/her country’s legislation.

3.2. NIVIUK will be held responsible for any loss or damage suffered by the User as a result of the use of the Website if the related loss or damage is directly and exclusively attributable to NIVIUK’s gross negligence or wilful misconduct. In any case, no gross negligence or wilful misconduct will be taken in consideration if NIVIUK demonstrates to have fulfilled the legal requirements as well as the due cares and diligences related to the nature of the service

3.3. In general terms, NIVIUK does not control its Users’ Website use, nor the use of any social website linked to it. Specially, NIVIUK does not warrant that the Users will use the Website and its tools in accordance with the Law, this Legal Notice and the generally accepted morals, good customs and public order, nor warrants that they will act prudently or diligently.

3.4. NIVIUK will not control any third party content or website content linked or hyperlinked to the Website. NIVIUK will not assume any responsibility or liability for any third party link contents and will not warrant the technical availability, quality and accuracy of any information or material contained in other websites or in the hyperlinks’ headings.

4. Exclusion of guarantees

4.1. NIVIUK does not warrant that the service will be operated trustworthy, error-free or without real time interruptions. NIVIUK does not guarantee that the Website and its server are free from computer viruses and can not be held responsible for any loss or damage whatsoever caused by interferences, omissions, interruptions, viruses or operating system disconnections due to external causes.

4.2. It is the sole responsibility of the User to take all the appropriate technical measures in order to reasonably control the above mentioned risks and prevent equipment damages, data losses and confidential information theft. To this effect, the User will possess and update malicious software detection systems (such as antivirus software and Trojan removers, etc.) as well as safety patches for the utilised web browsers.

4.3. NIVIUK commits itself to do its best efforts to avoid any error in the contents that may appear on its Website. In any case, NIVIUK will not be held responsible for occasional errors in the Website contents.

4.4. NIVIUK will not be held responsible for the external contents that may transmit, host or facilitate when acting as a mere intermediary. In any case, NIVIUK commits itself to immediately remove the Website illegal contents after becoming actually aware of the situation.

5. User responsibilities

By way of illustration only, and not by way of limitation, the User undertakes:

5.1. To register using a real-name registration as well as suitably safeguard the user name and the password that will receive to access the User Account, assuming neither to transfer their use nor to allow third-party access to them. The impersonation of another individual or entity is expressly prohibited.

5.2. To communicate to NIVIUK his/her password theft or loss as quickly as possible, as well as any risk of third-party access to his/her user name or password.

5.3. Not to introduce, store or diffuse to/through the Website, linked social networks or any other means any information which could be deemed as defamatory, injurious, obscene, threatening, xenophobic, inciting to violence or discrimination on the grounds of race, sex, ideology, religion or which in any other manner could violate ethics, public order, basic rights, public liberties, honour, privacy or third parties image or, generally, the law in force.

5.4. Not to introduce, store or diffuse to/through the Website, linked social networks or any other means any content which could be deemed to violate industrial or intellectual property rights, the privacy of the communications and the legislation governing the protection of the personal data.

5.5. Not to introduce, store or diffuse to/through the Website, linked social networks or any other means any software, data, virus, codes, hardware or telecommunications equipment or any other instrument or electronic or physical device able to cause damage to the Website, to any User, to NIVIUK’s suppliers or, in general, to any third party, or to interfere with their normal operation.

5.6. Not to destroy, alter, use to own uses, render useless or damage data, information, software or electronic documents belonging to NIVIUK, NIVIUK’s suppliers or third parties.

5.7. It is prohibited to use any “deep-link”, “page-scrape” (data extraction), “robot”, “spider” or other automatic devices, programs, algorithms, methodologies or similar manual processes to access, acquire, copy or monitor any portion of the Website or any content of it to obtain or attempt to obtain any materials, documents or information not available through the Website.

5.8. It is prohibited to explore, scan or test the vulnerability of the Website or any network connected to it, as well as breaching the security or the authentication measures of the Website or any network connected to the Website. It is also prohibited to trace or search for any information about any other Users or visitors to the Website, or any other customer of NIVIUK, including the accounts of other Users. It is also not allowed to exploit the Website in any way nor any other service or information available or offered through it with the purpose of revealing information, including but not limited to personal identification or third-party information provided by the Website.

5.9. The USER accepts not to take any action that may impose disproportionate or unnecessary saturation on the infrastructure of the Website or on NIVIUK’s systems, as well as on the systems and networks connected to the Website or NIVIUK.

6. Minors

6.1. In general, to use the services offered by the Website minors must have previously obtained the permission of their parents, tutors or legal representatives, who will be responsible for all actions performed through the Website by the minors in their charge. Access of minors under 18 years old will be restricted to those services where it is expressly indicated or determined by law.

7. Duration and termination

7.1. The sale of the Website offered products has an indefinite duration. Notwithstanding the latter, NIVIUK is empowered, at any time and with no prior notice, to unilaterally terminate, suspend or interrupt the sale of not previously sold products.

8. Governing law and jurisdiction

8.1. All matters relating to this Website are governed by Spanish law and will be submitted to the jurisdiction of the competent Courts of Girona (Spain).

CLAUSES

1. WEBSITE’S CONTACT FORM CLAUSE

We would like to inform you that, in accordance with the Regulation (EU) 2016/679 General Data Protection (GDPR), we provide the following information:

The entity responsible for the processing of your data is AIR GAMES SL,  CIF/Tax Identification Certificate B17847112, located in La Cellera De Ter, C/ Del Ter, 6D, Girona 17165, Spain. Please note that we will treat the information you have given us for the purpose of answering your inquiries and providing you with product and services information that may be of interest to you. The personal data provided to us will be stored until you request their deletion.

We will never share your data. We would like to advise you that you have the right to access your personal data as well as to request the correction of inaccurate data or, where appropriate, request their deletion if, for any reason, the data are no longer necessary for the purposes for which they were collected. In certain circumstances, you may request limiting the processing of your data, in which case we will only keep them for the exercise or defence of claims.

The legal basis for the processing of your data is the consent you have granted by clicking the acceptance box at the end of this form. 

2. WEBSITE’S USER REGISTRATION FORM CLAUSE

We would like to inform you that, in accordance with the Regulation (EU) 2016/679 General Data Protection (GDPR), we provide the following information:

The entity responsible for the processing of your data is AIR GAMES SL,  CIF/Tax Identification Certificate B17847112, located in La Cellera De Ter, C/ Del Ter, 6D, Girona 17165, Spain. Please note that we will treat the information you have given us for the purpose of answering your inquiries and providing you with product and services information that may be of interest to you. The personal data provided to us will be stored until you request their deletion.

We will never share your data. We would like to advise you that you have the right to access your personal data as well as to request the correction of inaccurate data or, where appropriate, request their deletion if, for any reason, the data are no longer necessary for the purposes for which they were collected. In certain circumstances, you may request limiting the processing of your data, in which case we will only keep them for the exercise or defence of claims.

The legal basis for the processing of your data is the consent you have granted by clicking the acceptance box at the end of this form. 

3. WEBSITE’S NEWSLETTER REGISTRATION CLAUSE

We would like to inform you that, in accordance with the Regulation (EU) 2016/679 General Data Protection (GDPR), we provide the following information:

The entity responsible for the processing of your data is AIR GAMES SL,  CIF/Tax Identification Certificate B17847112, located in La Cellera De Ter, C/ Del Ter, 6D, Girona 17165, Spain. Please note that we will treat the information you have given us for the purpose of answering your inquiries and providing you with product and services information that may be of interest to you. The personal data provided to us will be stored until you request their deletion.

We will never share your data. We would like to advise you that you have the right to access your personal data as well as to request the correction of inaccurate data or, where appropriate, request their deletion if, for any reason, the data are no longer necessary for the purposes for which they were collected. In certain circumstances, you may request limiting the processing of your data, in which case we will only keep them for the exercise or defence of claims.

The legal basis for the processing of your data is the consent you have granted by clicking the acceptance box at the end of this form.