1. THE PORTAL
- These provisions regulate the use of the Internet portal (hereinafter referred to as the "Portal") that Blue Mountain Market, SIA (hereinafter referred to as the "Company" or "Blue Mountain Market"), through the URL address www. neofinders.com, makes available to its users (hereinafter referred to as the "User" or "Users", as the case may be) for access to the content, products or services that may be offered through the Portal (hereinafter referred to as "Content, Products or Services").
- The data identifying the person responsible for the Portal are as follows:
Blue Mountain Market, SIA.
Domicilio: Aviācijas iela 1 - 21, Rīga, LV-1057
Registered in the Latvian Commercial Register.
- You can contact the Society through the following means:
Postal address: Aviācijas iela 1 - 21, Rīga, LV-1057
- The domain name through which you have accessed the Portal is owned by Blue Mountain Market. This domain name may not be used in connection with other Content, Products and/or Services that are not owned by Blue Mountain Market or in a manner that may cause confusion among end users or discredit the Company.
- In the event of knowing, through the Company, Products or Services offered by third parties, the User will be required to accept without reservation the conditions of the third party and its Product, by contacting the external supplier in question directly.
3. ACCESS AND USE OF THE PORTAL
- The Portal is aimed at users of legal age.
- Unless expressly stated otherwise, access to and use of the Portal by Users is free of charge. Notwithstanding the above, the Company reserves the exclusive right to decide whether access and any other aspect offered through the Portal shall be free of charge or whether, on the contrary, it decides to demand financial compensation for it, in which case the amount, method of payment and other particular conditions that may apply shall be expressly notified to the Users prior to its entry into force, so that the User may voluntarily withdraw from access and/or use of any Service that involves the payment of any amount.
- The Company does not offer the User its own products. The use, provision and/or contracting of the Products or Services which, where applicable, may be offered by third parties is subject to the prior observance of formal requirements such as the completion of the corresponding form, formalisation of the subscription to the same, payment of expenses or fees and/or prior acceptance of the particular conditions applicable to the same.
- The Portal has a form with which Users can register their interest in joining the Company. In this case, the User will be responsible for providing true and legal information, guaranteeing the authenticity of all the data entered when filling in the pre-established forms.
- In any case, access, navigation and use of the Portal and its Content is made under the sole and exclusive responsibility of the User, who agrees to diligently and faithfully observe any additional instructions, given by the Company or by authorised personnel of the Company, regarding the use of the Portal and its Content.
- Therefore, the User undertakes to use the Portal and the Contents in a diligent, correct and lawful manner, in accordance with the legislation in force and, in particular, undertakes to abstain from
- Use them for purposes or effects contrary to the law, morals, generally accepted good customs or public order and instructions received from the Company.
- Use them for purposes that are harmful to the legitimate rights of third parties.
- Use the same and, in particular, information of any kind obtained through the Portal or the Services to send advertising, communications for direct sale purposes or for any other kind of commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as refrain from marketing or disclosing in any way such information.
4. RESPONSIBILITIES, GUARANTEES AND DISCLAIMERS
- The User is aware and voluntarily accepts that the Contents published and/or supplied through the Portal are offered exclusively for information purposes and whose use takes place under his sole and exclusive responsibility; therefore, unless the law expressly states otherwise, and exclusively to the extent that it is imposed, the Company does not guarantee or assume any responsibility with respect to access to and use of such Contents, without such publication or supply implying any approval or validation of any type of Content.
- Except where expressly stated otherwise, the User expressly acknowledges and accepts that the Company does not grant any guarantee of any kind, whether express or implied, for any Product or Service of a third party contracted by the User, or for the Content published and/or supplied. In particular, the information published (including, but not limited to, guides, news, comments, questions and expert opinions and/or FAQ's) is for guidance only and shall not replace the professional advice that, where appropriate, a User may need or require. The Company shall not be liable for the trust that the User may place in the aforementioned information.
- Likewise, to the maximum extent permitted by applicable legislation, the Company does not guarantee and shall not be liable for:
- The continuity of the Contents of the Portal and/or the lack of availability or accessibility of the Portal or technical continuity of the same;
- The existence of interruptions or errors in access to the Portal, as well as technical problems or failures that occur during the connection to the Internet;
- The absence of errors or inaccuracies in the Contents;
- The absence of viruses and other harmful components in the Portal or in the server that supplies it;
- The invulnerability of the Portal and/or the impregnability of the security measures adopted therein;
- The reliability and/or suitability, for a particular purpose or end, of the Portal, and of the information published and/or supplied in it;
- If applicable, the lack of usefulness, benefit or performance of the Contents of the Portal or Services of third parties;
- The damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that the Company establishes in the Portal or through the violation of the security systems of the same;
- Any other damage that may be caused by reasons inherent in the non-functioning or defective operation of the Portal or of the websites to which, where applicable, links may have been established.
- Nevertheless, the Company declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Portal and to avoid the existence and/or transmission of viruses and other components that are harmful to Users.
- Although the Company makes every effort to correct any error or omission in the Contents as soon as it is aware or is informed of them, the Company shall not be liable for the consequences that may arise from the errors or omissions in the Contents supplied and/or published on the Portal, when these Contents are supplied by third parties and the Company has not been aware of this situation. All the Contents offered through the Portal are updated, and the Company reserves the right to modify them at any time.
5. CONTENT PUBLISHED BY USERS
- The User acknowledges and accepts that he or she is responsible for all information, data, text, software, photographs, graphics, videos, messages and any other material, and agrees that his or her image may be included in any of these media (hereinafter referred to as User Content), whether publicly communicated or sent through any private means, that the User uploads, publishes, sends by e-mail or, in any other way, transmits through the Portal.
- The above conducts will entail the granting in favour of the Company of a non-exclusive licence, for an indefinite time, worldwide and free of charge, to reproduce, store, edit, modify, publish, incorporate into databases, publicly communicate, transmit, visualise, distribute, represent or, in any other way, commercially exploit, in whole or in part, such information or content on the Portal, in any form or through any means or technology.
- The Company reserves the right, at its sole discretion, to edit, reject or eliminate the information and/or content referred to above and in any case, in the event that the Company becomes aware that such information and/or content may be illegal or may harm the property or rights of a third party liable for compensation, the Company, in accordance with the legislation in force, may eliminate or disable access to such information and/or content.
- The Content published by the Users in no case represents the opinion of the Company, and therefore it is in any case exonerated from any responsibility regarding the quality or accuracy of the Content published by the Users. Users assume the obligation to keep the Company harmless and free from any liability that may arise from the exercise of actions, whether legal or not, that may have their cause in the transgression of the rights of third parties or of the legislation in force.
6. PROHIBITIONS AND RESTRICTIONS
- Any publication, communication or transmission of Contents that infringes the rights of third parties and/or whose content is threatening, obscene, defamatory, pornographic, xenophobic, offensive to the dignity of persons or the rights of the child, the law in force or any conduct that incites or constitutes the commission of a criminal offence is prohibited.
- It is also forbidden for Users to publish, include or communicate Content that is false or inaccurate and that induces or could induce error in the rest of the Users or in the Company's personnel, in particular Content that is protected by any intellectual, industrial, image or similar property rights belonging to third parties, when this results in a violation of current legislation, do not have the authorisation of the holder of the rights, impair or discredit the fame or credit of the Company, are considered as illegal, misleading or unfair advertising and/or incorporate viruses or any other electronic element that could damage or prevent the operation of the Portal, the network, computer equipment of the Company or third parties and/or access to the Portal by other users.
- The User is prohibited from accessing the Portal and/or using the Services for: (a) damage minors in any way; (b) interfere with or disturb the operation of the Site, the Services, the servers or networks connected to the Site or the Services, or disobey any requirement, procedure, policy or regulation applicable to the networks connected to the Site and/or the Services; (c) violate or infringe, intentionally or unintentionally, any regulation or legislation that may be applicable; (d) extract, collect, treat, process, combine or store personal data of users; (e) reproduce, duplicate, copy, sell, resell or exploit, for any commercial purpose, any aspect or element of the Portal; and (f) in general, carry out any use that is contrary to law.
- If the User breaches the above prohibitions/restrictions, or the Company has or may have reasonable grounds to suspect that a User has breached any of them, the Company reserves the right to suspend or terminate the User's account and deny the User any current or future access to and use of the Products, Services and/or the Website (or any part thereof).
7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
- The Company is the owner of or has obtained the corresponding licence for the exploitation rights in the field of intellectual, industrial and image property of the contents available through the Portal, including, but not limited to, the texts, graphic designs, drawings, source code, navigation structure, software, photographs, videos, sounds, databases, indexes, images, brands, logos, expressions and information and, in general, any other creation protected by national regulations and international treaties on intellectual and industrial property (hereinafter, jointly, the Contents).
- All intellectual and industrial property rights over the Contents are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included in the Portal, for public or commercial purposes, without the prior, express and written authorisation of the Company or, where appropriate, of the owner of the rights to which they correspond.
- The User's access to and browsing through the Portal, as well as access to and use of the Services or Products offered, shall under no circumstances be understood as a total or partial waiver, transfer, licence or assignment of the aforementioned rights by the Company, except when expressly established to the contrary in the specific conditions governing the use, provision and/or contracting of the Products or Services which, where appropriate, are offered through the Portal. Consequently, it is not permitted to remove, evade or manipulate the copyright notice and any other data identifying the rights of the Company or its owners, incorporated in the Contents, as well as the technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be contained in the Contents.
- With regard to the reviews of Products or Services that third parties may offer through the Portal, the Company recognises in favour of their owners the corresponding industrial and intellectual property rights, and their mere mention or appearance on the Portal does not imply the existence of rights over them.
- References to names and commercial or registered trademarks, logos or other distinctive signs, whether owned by the Company or by third parties, imply a prohibition on their use without the prior, express and written consent of the Company or its legitimate owners. In no case, unless expressly stated otherwise, does access to or use of the Portal and/or its Contents give the User any right over the brands, logos and/or distinctive signs incorporated in it.
- The use, exploitation and/or unauthorized use of the Contents, as well as any act of similar nature from which a breach of the intellectual or industrial property rights derives, will give rise to the legally established responsibilities.
- Links from the Portal to other websites
Although it does not currently do so from the Portal, the Company may offer links, directly or indirectly, to Internet resources or web pages outside the Portal. The presence of these links has an informative purpose, not constituting in any case an invitation to contract Products and/or Services that are offered or may be offered in the destination web pages, nor does it imply the existence of a link or commercial or dependency relationship with the owner of the linked web page. In these cases, the Company shall not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these Services by third parties and, therefore, it cannot be considered responsible for them.
The Company has no power or human or technical means to know, control or approve all the information, Content, Products or Services provided by other websites to which links may be established from the Portal. Consequently, the Company cannot assume any type of responsibility for any aspect relating to the web pages to which a link may be established from the Portal, specifically, but not exclusively, regarding their operation, access, data, information, files, quality and reliability of their Products and Services, their own links and/or any of their Contents, in general.
Nevertheless, if the Company becomes aware that the activity or information referred to from such links is illegal, constitutes a crime or could damage the property or rights of a third party, it shall act with the necessary diligence to remove or disable the corresponding link as soon as possible.
Likewise, if Users become aware of the unlawfulness of activities carried out through these third party websites, they must immediately notify the Company so that the situation can be analysed in particular and, if appropriate, the access link to the website can be disabled.
In order to avoid any kind of doubt, the fact that when accessing a certain web page there is a "frame" or "frame" on the top of which the name or logo of the Company appears, does not in any way imply that the Company is the owner or proprietor of said web pages, the owners and proprietors of the web pages being those identified as such on the same.
- Links from other websites to the Portal
If any User, entity or web page wishes to establish some kind of link to the Portal, the following requirements must be observed:
- You must obtain the Company's prior, express and written authorisation.
- The link may only be directed to the home page of the Portal, unless expressly authorised otherwise.
- The link must be absolute and complete, that is, it must take the User, by means of a click, to the home page and must completely cover the entire screen area of the Portal's home page. Under no circumstances, unless the Company authorises otherwise, may the web page from which the link is made reproduce, in any way, the Portal, include it as part of its website or within one of its "frames" or create a "browser" on any of the Portal's pages.
- On the website from which the link is established, it may not be stated in any way that the Company has authorised such a link, without this having been the case. If the entity that makes the link from its web page to the Portal correctly wishes to include the brand, name, commercial name, label, logo or any other identifying sign of the Company and/or the Portal in its web page, it must previously have the Company's express prior authorisation in writing.
- In any case, the Company prohibits the establishment of a link to the Portal from those web pages that contain material, information or content that is illicit, illegal, degrading, obscene, and in general, that contravenes morality, public order, current legislation, generally accepted social norms, is harmful to the legitimate rights of the Company or third parties or that in any way could affect or damage the good image and reputation of the Company.
- When it is necessary for the User to register or provide personal data, he will be duly warned of this need.
10. DURATION AND MODIFICATION
Any communication between the Company and the User must be addressed to the Company through the above-mentioned means of contact, preferably by electronic means. In any case, and unless the law expressly determines otherwise, communications from the Company to the User shall be made preferably by electronic means, using the contact details provided. The User expressly accepts the use of e-mail as a valid procedure for the exchange of information and the sending of communications between and/or with the Company.
13. APPLICABLE LAW AND JURISDICTION
- These General Terms and Conditions shall be interpreted and governed in accordance with Latvian law.
- For any litigious question derived from the existence, access, use or content of the General Conditions, the Company and the User, with express waiver of the jurisdiction that may correspond to them, submit to the Courts and Tribunals of the User's domicile.