GENERAL TERMS AND CONDITIONS
Through this document, the General Terms of Access and Use of the WWW.OVERLAYON.COM website (hereinafter, the Terms), owned by Mikel Garcia, are established. Access and/or use of the WWW.OVERLAYON.COM website by users is conditioned upon prior reading and full, express, and unreserved acceptance of these Terms in force at the time of access. If the user does not agree with these Terms, they must refrain from using this portal and operating through it. The user is fully aware that mere browsing of this website, as well as the use of its services, implies acceptance of these Terms.
1. Contractual information and documentation. Acceptance of the contract
These General Terms as well as the General Contracting Terms of the various services made available to the user on the WWW.OVERLAYON.COM website are displayed permanently on the WWW.OVERLAYON.COM website (hereinafter, the "Website"), so that all users can archive and print them and thus be informed in advance of the access and use conditions of the site and the contracting conditions under which the different services will be provided.
Users, when registering through the form enabled on the Website, expressly accept -by clicking "I read and accept the Terms"- before submitting the data, these General Terms and the Privacy Policy of WWW.OVERLAYON.COM. The user declares to be of legal age, to have sufficient capacity to contract, and to have read, understood, and accepted these Terms.
Regarding the contracting of services by users, at the time it occurs and within no more than twenty-four hours, WWW.OVERLAYON.COM will send to the email address that the contracting user has specified in the user registration form as the primary channel the order form or invoice with a description of the contracted service or the cost -with a breakdown of taxes if applicable- and the period for which it is contracted. In the case of purchasing the service, sending the invoice implies confirmation that the effective contracting has occurred (not currently applicable due to the free nature of the product). Any subsequent modification of these General Terms or of the General Contracting Terms of the services will, on the one hand, be notified to the Contracting party via email with fifteen days' notice and, on the other, be clearly displayed on the Website. All the documentation mentioned above can be printed and archived by the contracting person, who may request it at any time from Customer Support by sending the corresponding email to LA WEB.
It is not technically possible for a user to complete a contracting request without acceptance of these General Terms. For the user to be able to give this acceptance and thus make the request, they must be previously registered as a user on WWW.OVERLAYON.COM by completing a form with basic data, the submission of which implies the granting of a user key and password to access the Contracting party's exclusive area, and the acceptance of these Terms.
Any request for information or claim deemed relevant may be submitted to Customer Support at the addresses identified in this clause. The Service will acknowledge receipt of the claim submitted by sending the corresponding receipt to the email address that must be provided to Customer Support to process the claim. After receiving a request or claim by any of the means indicated in the previous paragraph, WWW.OVERLAYON.COM will analyze the case raised by the user and will provide a response as soon as possible, which in any case will not exceed fifteen (15) calendar days counted from the day following receipt by NOMBRE REGISTRO MERCANTIL of the request or claim.
2. Purpose
The WWW.OVERLAYON.COM website has been created to provide professional APP services over the internet. From the WWW.OVERLAYON.COM website, users can contract and manage the services offered.
3. Conditions of Access and Use
Use of the WWW.OVERLAYON.COM website does not require user registration or sign-up. The conditions of access and use of the WWW.OVERLAYON.COM website are strictly governed by current law and by the principle of good faith, with the user committing to make proper use of the website. All acts that violate legality, rights, or interests of third parties, the right to privacy and honor, data protection, intellectual property, and, in short, any action that could constitute an unlawful conduct are prohibited. Expressly and without being exhaustive, WWW.OVERLAYON.COM prohibits:
Carrying out actions that could cause any type of damage to the systems of WWW.OVERLAYON.COM or third parties on the website or through it by any means.
Carrying out, without proper authorization, any type of advertising or commercial information directly or in a hidden manner, sending unsolicited mass emails ("spam"), or sending large messages with the purpose of blocking network servers ("mail bombing").
WWW.OVERLAYON.COM receives notifications (from various impartial organizations that fight against the use of this type of practice) when a user or contracting person of WWW.OVERLAYON.COM massively sends unsolicited email under the name of a product contracted from WWW.OVERLAYON.COM. Therefore, if WWW.OVERLAYON.COM receives these notifications, it will inform the user so that they immediately cease these bad practices.
WWW.OVERLAYON.COM will not assess whether the addresses to which the contracting person sent unsolicited email were obtained with the consent of their owner, but will act whenever an organization dedicated to fighting these activities notifies it. Therefore, if the contracting person does not stop using these practices, WWW.OVERLAYON.COM will immediately cancel the service and terminate this contract, reserving the exercise of any legal actions necessary to defend its interests.
Using programs designed to cause problems or attacks on the network.
Attempting to test server security by performing any type of entry or action that is not strictly necessary for the user to enjoy the service.
WWW.OVERLAYON.COM may interrupt access to its website at any time if it detects use contrary to legality, good faith, or these General Terms - see clause 7-.
4. Content
The content incorporated on the WWW.OVERLAYON.COM website has been prepared and included by:
WWW.OVERLAYON.COM itself using internal and external sources, such that WWW.OVERLAYON.COM is only responsible for content prepared internally.
Users, through collaborations or voluntary introduction of content, being solely responsible for it, and WWW.OVERLAYON.COM is expressly exempt from any responsibility that may arise from it.
Natural and legal persons unrelated to WWW.OVERLAYON.COM, either through collaborations inserted directly on the website or through links, being solely responsible for the content introduced and WWW.OVERLAYON.COM being expressly exempt from any responsibility under the terms specified by Spanish law.
In addition, through the WWW.OVERLAYON.COM website, products and services from both WWW.OVERLAYON.COM and third parties intended to be commercialized are made available to the user and will be subject to the General and particular Conditions of each of them. WWW.OVERLAYON.COM does not guarantee the truthfulness, accuracy, or currency of the content related to services offered by unrelated third parties and is expressly exempt from any liability for damages that may result from lack of or errors in the characteristics of the services offered by such third parties.
The user who wishes to establish a hyperlink on their website to the WWW.OVERLAYON.COM website will not make illegal or bad-faith use of the information, services, or products made available on said website. Specifically, the user who inserts a hyperlink or link commits to:
Not destroy, damage, or alter in any way the content, services, or products made available to the user on the WWW.OVERLAYON.COM website.
Not declare that WWW.OVERLAYON.COM assumes supervision of the hyperlink or of the content of the user’s own website that includes a link to the WWW.OVERLAYON.COM website on their own website. WWW.OVERLAYON.COM will not be responsible in any case for the content or services of the user’s website where a hyperlink or link to the WWW.OVERLAYON.COM website is included.
Not include on their own website the trademark, trade name, or any distinctive sign belonging to WWW.OVERLAYON.COM without the prior authorization of the entity.
The existence of hyperlinks on third-party web pages that allow access to the WWW.OVERLAYON.COM portal will in no case imply the existence of commercial or business relationships with the owner of the web page where the hyperlink is established, nor the acceptance by WWW.OVERLAYON.COM of its content or services.
5. Personal Data Protection
The data protection regime applicable to data processed by WWW.OVERLAYON.COM is regulated in the Privacy Policy and in the General Contracting Terms of the relevant Service. Access and/or use of the website by users of the WWW.OVERLAYON.COM website (hereinafter, users) necessarily implies acceptance of those legal texts, consenting to the processing of data under the terms described in both texts.
WWW.OVERLAYON.COM processes data fairly and lawfully, only processing data it considers adequate, relevant, and not excessive in relation to the scope and the explicit and legitimate purposes for which it is obtained, and it does not use it for purposes incompatible with those for which the data was collected.
Users are responsible for the accuracy and currency of the data they provide to WWW.OVERLAYON.COM, and the data provided by them is considered accurate and up to date.
WWW.OVERLAYON.COM informs that both the personal data provided by users when registering and those provided to contract any of the services offered on WWW.OVERLAYON.COM or to resolve any incident communicated through any of the available contact means (telephone, chat, or email), are incorporated or may be incorporated into a file owned by it, duly registered in the Registry enabled by the Spanish Data Protection Agency, and will be processed in accordance with the terms set out in this Privacy Policy.
To access and/or browse the WWW.OVERLAYON.COM website, it is not necessary to provide any data. The mandatory nature of the response to the questions posed, or of the data requested through the website, is indicated by the inclusion of an asterisk (*) following the question or form field. If the required data is not provided, it will not be possible to provide the requested service or functionality.
Users must refrain from providing personal data of other data subjects unless they have the relevant authorization, according to which those data subjects have been previously and duly informed about the content of the Privacy Policy and, specifically, that they consent to their data being provided to WWW.OVERLAYON.COM to be processed for the corresponding purposes, as well as that they can exercise the rights of access, rectification, cancellation, and opposition (hereinafter collectively referred to as ARCO) under the terms described in that Policy. In any case, WWW.OVERLAYON.COM will cancel the registered data once it is no longer necessary or relevant for the purpose for which it was collected, and may keep it properly blocked for the time during which some type of liability may be required arising from a relationship or legal obligation or from the execution of a contract or the application of pre-contractual measures requested by the data subject.
WWW.OVERLAYON.COM does not transfer data to third parties, unless a law or a Community regulation provides otherwise, or if it is necessary for the provision of the contracted service. In such case, it only communicates those data that are essential to manage users’ requests and provide the contracted services, so that the transfer responds to the free and legitimate acceptance of an existing legal relationship between the data subjects and WWW.OVERLAYON.COM, the development, fulfillment, and control of which necessarily imply the connection of the data and include the necessary transmission thereof. In the event that a user leaves a comment or interacts socially with the WWW.OVERLAYON.COM website or on the social networks in which it is present, the user should be aware that their data will be published in the environment in which they act, that is, they will be expressly authorizing the communication of their data associated with the action they perform to the rest of the users who access the website or social network.
Data subjects may exercise their ARCO rights, and revoke the consent given for the processing and/or transfer of their data, at any time by requesting it by email addressed to WWW.OVERLAYON.COM, at the following address: [email protected]. In all cases, the request must be accompanied by a copy of the official document that proves the identity of the data subject.
To learn about our policy on the installation and management of storage and retrieval devices on terminal equipment, consult our Cookie Policy.
The conditions of access and processing of data by WWW.OVERLAYON.COM as data processor are regulated in the Privacy Policy and in the General Contracting Terms of the corresponding services.
6. Liability of WWW.OVERLAYON.COM
WWW.OVERLAYON.COM will not be responsible for errors, delays in access, delays in the system, or any anomaly that may arise in relation to general problems on the Internet network, causes of force majeure, or any other totally unforeseeable contingency and therefore outside the company’s good faith. WWW.OVERLAYON.COM undertakes to try to resolve these incidents by using all means within its reach and offering all the necessary support to the user to resolve incidents as quickly and satisfactorily as possible. Likewise, WWW.OVERLAYON.COM will not be responsible for failures that, for these reasons, may occur in communications, deletions, or incomplete transmissions, so it does not guarantee that the website is operational at all times when due to issues not attributable to WWW.OVERLAYON.COM or that it cannot resolve with the means at its disposal. The user releases WWW.OVERLAYON.COM from any liability if any of these causes begin to occur.
WWW.OVERLAYON.COM will not be responsible in any case for errors or damages caused by inefficient and bad-faith use of the website by the user. WWW.OVERLAYON.COM will also not be responsible for greater or lesser consequences due to the lack of communication between WWW.OVERLAYON.COM and the contracting person when attributable to the non-functioning of the email provided or the falsity of the data provided by the contracting person in their user registration on WWW.OVERLAYON.COM.
WWW.OVERLAYON.COM assumes the responsibilities that may arise from the provision of the services it offers within the limits and as specified in the different General Contracting Terms of the services made available to the user.
7. User Liability
Access to our websites is carried out under the user’s own and exclusive responsibility, who will be liable in any case for damages that they may cause to third parties or to WWW.OVERLAYON.COM. The user assumes all responsibility derived from the use of the Websites, being solely responsible for any direct or indirect effect that derives from the website, including, by way of example and without limitation, any adverse economic, technical and/or legal result, as well as the frustration of expectations generated by the Website, obliging the user to hold WWW.OVERLAYON.COM harmless from any claims derived, directly or indirectly, from such facts.
Failure to comply with these Terms, as well as the development of any illegal activity or activity contrary to the Contracting Terms of WWW.OVERLAYON.COM, may imply the loss of user status and, therefore, access to the Control Panel. In the event of losing user status, WWW.OVERLAYON.COM will notify the affected user so that they can migrate or transfer active services to other providers within the period indicated for this purpose. After this period, the affected services will be terminated under the terms described in the General Contracting Terms of the corresponding service.
7.1. Proper use of the service
The user is obliged to make proper use of the service and therefore not to use it in bad faith for any practice that is prohibited by law or rejected by commercial practice. WWW.OVERLAYON.COM is empowered by these General Terms, from the moment it has reliable knowledge of the user’s performance of any illegal action or use in general, to inform the competent authorities of these circumstances and to deregister the user or restrict their access to the websites or to the Services of WWW.OVERLAYON.COM. The user will be solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties directly harmed by the user before Courts or other bodies, assuming all expenses, costs, and compensation. Likewise, WWW.OVERLAYON.COM will cooperate and notify the competent authority of these incidents as soon as it has reliable knowledge that the damages caused constitute any type of illegal activity, especially in the area of content introduced by the user that may violate rights or legitimate interests of WWW.OVERLAYON.COM or third parties.
7.2. Reliable knowledge
WWW.OVERLAYON.COM, in the event of receiving any type of communication from a third party about the alleged illegality of any content or activity carried out by a user of WWW.OVERLAYON.COM services, and provided that this communication is received in such a way that the sender is correctly identified, will proceed to inform the user and, if the activity is manifestly illegal, will proceed to block the service in question. For an activity to be manifestly illegal, its illegality must be unequivocal to anyone who accesses that content. In specific cases such as copyright or slander and libel, WWW.OVERLAYON.COM cannot decide whether the user has the right to show such content or whether it constitutes slander or libel, with only the competent authority able to reliably indicate that illegality and, therefore, order the cessation of the service.
7.3. Safekeeping of access keys
The user will be responsible for the security and confidentiality of all keys with which they access their private area -granted upon registration as a user- to contract the different services, and must keep them in a safe place in order to prevent access by unauthorized third parties.
7.4. Due diligence
The user is responsible for carrying out all actions required of them with due diligence. In particular, the user must be diligent with regard to updating and the truthfulness of their data, mainly the email indicated in the user registration form as the main contact channel with WWW.OVERLAYON.COM - see clause 8-.
8. Communications
WWW.OVERLAYON.COM and the user agree to communicate and notify all incidents that occur during the term of the different services the user may have contracted, preferably and prior to any other communication channel, by email. The email of WWW.OVERLAYON.COM for these communications will be [email protected] and the user’s email will be the one provided in the user registration form on WWW.OVERLAYON.COM, or otherwise the one used to contact WWW.OVERLAYON.COM. The user undertakes to keep this email operative and to modify it from their private area if necessary to continue receiving communications. In any case, if any urgent problem or failure occurs in the previous communication, communications will be carried out by telephone, postal mail, courier, or any other system appropriate to the purpose pursued. However, the preferred communication channel is email, and WWW.OVERLAYON.COM is exempt from any liability that may arise due to lack of consultation or error in the email provided by the user. Each party will be responsible for the safekeeping of copies of the communications made.
9. Jurisdiction and Applicable Law
These General Terms are governed by Spanish law. Specifically, they are subject to the following rules: Law 7/1988 of 13 April, on General Contracting Terms; Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws; Organic Law 15/1999 of 13 December, on the Protection of Personal Data; Law 7/1996, of 15 January, on Retail Trade Regulation; Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce; Law 16/2009, of 13 November, on payment services; as well as any other rules that develop or modify them.
For the resolution of any controversy or conflict arising from these General Terms, the Courts and Tribunals of the Spanish system shall be competent, with the contracting person expressly waiving any other jurisdiction that may correspond to them.
10. Miscellaneous
In the event that any clause of this document is declared null, the remaining clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these terms. This contract is made only in Spanish. NOMBRE WWW.OVERLAYON.COM may choose not to exercise any of the rights and powers granted in this document, which will not imply in any case a waiver of them, except for express acknowledgment by WWW.OVERLAYON.COM. These General Terms are registered in the General Registry of General Contracting Conditions to provide transparency and security to the entire process.