Legal notice and general conditions for the websites

Last version dated October 1, 2024

I.- General information

The ownership of the following websites:

1. www.ondiversity.us
2. www.ondiversity.uk
3. www.ondiversity.eu
4. www.ondiversity.es
5. www.ondiversity.ee
6. www.ondiversity.cloud

Hereinafter referred to as the Website is held by:

For customers and vendors in the Americas (North, Central, and South America):

ON DIVERSITY LLC
312 West 2nd Street
Suite A3100
82601 Casper, WY
United States

For customers and vendors in the EEA (Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden):

OD CLOUD LIMITED
Ctra. de Campo Real, km. 2
28500 Arganda del Rey, Madrid
Spain

For customers and vendors in the United Kingdom and Estonia:

OD CLOUD LIMITED
30 Churchill Place
E14 5EU, East London
United Kingdom

Hereinafter referred to as DIVERSITY, ON DIVERSITY, or to the different ON DIVERSITY local offices that are distributed globally.

II.- General terms and conditions of use

The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter referred to as the Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, Web Site shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter referred to as Content) and all those services or online resources that it may offer Users (hereinafter referred to as Services).

DIVERSITY reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time DIVERSITY may interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or access to them.

Access to the Website by the User is free and, as a general rule, is free without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Content or Services of the Web Site may be made by means of the User’s prior subscription or registration.

The User

Access, browsing and use of the Website confers the status of User, and therefore, from the moment you start browsing the Website, you accept all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with, as the case may be. Given the relevance of the above, the User is recommended to read them each time he or she visits the Web Site.

The DIVERSITY website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

1. A use of the information, Content and/or Services and data offered by DIVERSITY without being contrary to the provisions of these Conditions, the Law, morality or public order, or which in any other way could imply damage to the rights of third parties or to the very functioning of the Website.

2. The veracity and legality of the information provided by the User in the forms provided by DIVERSITY for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify DIVERSITY of any fact that allows the improper use of the information registered in said forms, such as, but not limited to, the theft, loss or unauthorised access to identifiers and/or passwords, in order to proceed to their immediate cancellation. The mere access to this Website does not imply the establishment of any type of commercial relationship between DIVERSITY and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Conditions. Therefore, this DIVERSITY Website is not directed to minors. DIVERSITY declines any responsibility for non-compliance with this requirement.

The Website is mainly addressed to Users resident in the EMEA an AMER areas. DIVERSITY does not warrant that the Website will comply with the laws of other countries, either in whole or in part. If the User resides or is domiciled elsewhere and decides to access and/or navigate the Website, he or she does so at his or her own risk, and must ensure that such access and navigation complies with the local legislation applicable to him or her, and DIVERSITY shall not assume any responsibility that may arise from such access.

III.- Access and navigation on the website: Exclusion of guarantees and responsibility

DIVERSITY does not guarantee the continuity, availability and usefulness of the Website, nor of the Content or Services. DIVERSITY will do everything possible for the good functioning of the Website, however, it is not responsible nor does it guarantee that access to this Website will not be uninterrupted or that it will be free from error.

Nor does it take responsibility or guarantee that the content or software that can be accessed through this Website is free from error or causes damage to the User’s computer system (software and hardware). Under no circumstances will DIVERSITY be responsible for loss, damage or harm of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

DIVERSITY is also not responsible for the damages that may be caused to users due to an inadequate use of this Website. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.

IV.- Liaison policy

The User or third party who makes a hyperlink from a web page of another, different, website to the DIVERSITY websites mentioned on the beginning of this document, should be aware that:

1. It is not permitted to reproduce – totally or partially – any of the Contents and/or Services of the Website without the express authorisation of DIVERSITY.
2. No false, inaccurate or incorrect statement about the DIVERSITY website, nor about the Content and/or Services of the same is allowed.
3. With the exception of the hyperlink, the website where such hyperlink is established shall not contain any element of this website, protected as intellectual property by Spanish law, unless expressly authorised by DIVERSITY.
4. The establishment of the hyperlink shall not imply the existence of a relationship between DIVERSITY and the owner of the website from which it is made, nor the knowledge and acceptance by DIVERSITY of the content, services and/or activities offered on that website, and vice versa.

V.- Intellectual and industrial property

DIVERSITY, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (by way of illustration and not exhaustive, images, sound, audio, video, software or texts, brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Consequently, the works will be protected as intellectual property by the European legal system, being applicable to the Community regulations in this field, as well as the international treaties related to the matter and signed by the European Economic Area.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the means of making available, of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, is expressly prohibited without the authorisation of DIVERSITY.

The User agrees to respect the intellectual and industrial property rights of DIVERSITY. He/she may view the elements of the website or even print them, copy them and store them on the hard disk of his/her computer or on any other physical support as long as it is exclusively for his/her personal use. The User, however, may not remove, alter or manipulate any protection device or security system that was installed on the Website.

In the event that the User or third party considers that any of the Content of the Website involves a violation of intellectual property protection rights, he/she must immediately notify DIVERSITY through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use

VI.- Legal actions, applicable legislation and jurisdiction

DIVERSITY reserves the right to bring any civil or criminal actions it deems necessary for the improper use of the Website and its Contents, or for the breach of these Conditions.

The relationship between the user and DIVERSITY will be governed by the regulations in force and applicable in the United States and the Wyoming’s State laws also to the specific local laws for the different ON DIVERSITY local offices that are distributed globally. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to the ordinary jurisdiction of the corresponding judges and courts in accordance with the law.