Terms and Conditions of Use

1.- Introduction

These Website Terms and Conditions of Use govern the terms and conditions of use and access to the Diantum websites, owned by Diantum, SOCIEDAD LIMITADA, N.I.F. B84437490, with address at Lagasca, 95, 28006 Madrid. Incorporated in the Mercantile Registry of Madrid (Registro Mercantil de Madrid), volume 21,747, book 0, folio 137, page number M-387337, hereinafter, «Diantum». All users of Diantum must read and accept them in order to use the services and information provided by these Websites. Access and/or use of Diantum’s Websites, partial or full use of their contents and/or services imply the full acceptance of these Terms and Conditions of Use. Specifically, registered users must explicitly accept these terms in order to complete their registration to Diantum’s Websites, and use their services.

This legal information is supplemented by a Legal Notice, Cookie Policy, Privacy Policy, and when applicable, by Terms and Conditions of Contract contained within Diantum’s main Website, which is located at the Diantum.com domain. All other Diantum Websites redirect to Diantum’s main Website for access to any legal content, and all these matters are centralized within the latter.

2.- Purpose

The term “Diantum’s Websites” shall, without limitation, hereinafter refer to the main Website (diantum.com), and any and all other Websites also owned and exploited by Diantum that the user may access by browsing the aforementioned Website, as well as gamifications, simulators, games, data, texts, graphs, images, animation, musical works, videos, sounds, drawings, photographs, industrial designs, furniture designs and others contained within it and, generally, all creations conveyed by any media, whether tangible or intangible.

Both registered users and customers shall hereinafter be collectively addressed as Users.

The User acknowledges that access to, and use of, services and contents of Diantum’s Websites is under his sole responsibility.

3.- Cost-free nature and registration non-requirement

Services provided by Diantum include free and paid services. Unlike paid services, free services offer a limited functionality and duration. Paid services are reserved for registered users. These Terms and Conditions of Use shall apply to any user of Diantum’s Websites. In addition, there are Terms and Conditions of Contract that apply exclusively to users of paid services provided by Diantum. You may find the Terms and Conditions of Contract here.

Diantum reserves the right to terminate the free and voluntary services at any time. In this event, the user shall have no right to claim the continuity of the aforementioned services.

4.- User Registration

Completion of the registration form shall be required to access and enjoy the gamification services offered within Diantum’s Websites, with the exception of access to free gamification services that allow otherwise.

Completing the registration process shall also be required to perform any online purchase of gamification services provided by Diantum, as well as certain additional services, such as the publication of comments about the gamification services.

The User agrees to exercise an adequate use of his username and password and to keep them secret, thereby accepting any and all liability for damages resulting from their improper and/or negligent use.

At any time, and without the need for prior notice, Diantum may deny or terminate the use of our Websites upon any failure to comply with the Terms and Conditions of Use or the Privacy Policy.

5.- Minors

Diantum offers gamification solutions, simulators and games for professionals and advanced training course students. Persons under 16 years of age shall not be allowed to use the services of Diantum that require registration or identification as a registered user of Diantum’s Websites, regardless of them being represented by their father, mother, custodian or legal guardian.

6.- Modifications

Diantum reserves the right to modify the Terms and Conditions of Use of its Websites at any time. It is recommended that you periodically read these Terms and Conditions of Use for Diantum’s main Website, since they may be revised.

7.- User Obligations

The User shall at all times comply with the terms and conditions set forth herein. The User expressly states that he shall use the portal appropriately, and accepting any and all liability resulting from non-compliance with the provisions in place.

Furthermore, the User shall not use the Websites to transfer, store, publish, promote and/or distribute data or contents that may contain viruses or any other computer code, files or programs designed to interrupt, destroy and/or disrupt the functioning of any program, electronic document owned by Diantum or its providers, or computer and/or telecommunication equipment.

The User further agrees to refrain from using false identities or third-party passwords or access codes, and from stealing someone else’s identity when using the Websites, including any of the services offered within them.

The User shall comply, without limitation, with the provisions set forth in Diantum’s Privacy Policy and with the obligations outlined in the Comment Moderation section of these Terms and Conditions of Use.

8.- Website liability

The User acknowledges and accepts that Diantum’s Websites do not offer any warranty of any kind, whether explicit or implicit, in relation to data, contents, information and services contained within, or provided by, them.

Unless otherwise stated by Law, and in that event, only to the extent and scope set forth by it, Diantum’s Websites shall offer no warranties, nor accept any liability, for damages resulting from the use of the information, data and/or services of Diantum.

In any event, Diantum shall be held harmless for damages that may result from the information and/or services rendered or provided by third parties other than Diantum. All liability shall fall on the third party, whether a provider or collaborator.

9.- Intellectual and industrial property

Diantum’s Websites are protected by intellectual property, trademark and other laws of Spain and the European Union and are the property of Diantum or third parties, who have exclusive rights to their exploitation of any kind, including the right to copy, distribute, publicly disclose and modify. Except as otherwise explicitly provided, you shall be authorized to browse our Websites and use their services, without such use or access to the Websites and/or services offered within them implying an assignment of right of any kind to the User in regard to their ownership.

Nonetheless, users of Diantum’s Websites shall not be allowed to modify, sell, transfer and/or distribute any material of Diantum’s Websites in any way or by any means, including the total or partial downloading of contents or the reuse of online material.

Copy, distribution, public disclosure and/or modification of any content of Diantum’s Websites, including, without limitation, the source code of their programs, databases, texts, images, graphics, videos, audios and any other digital content, is strictly forbidden as per the laws in effect. Unauthorized use of the information contained within Diantum’s Websites, as well as the breach of Intellectual or Industrial Property rights of Diantum, shall result in liabilities as established by Law.

10.- Brands and Trademarks

Diantum’s Websites contain and present gamification service logotypes, brands and trademarks that are the property of Diantum. The Websites may also contain third-party trademarks and/or product and service brands. All of the aforementioned trademarks are the property of their respective owners and you agree to refrain from using and/or showing them by any means without prior authorization by the owner of the trademark in question.

11.- Privacy

Diantum hereby notifies Users of its Websites that is Privacy Policy shall apply to all of its services and are an integral part hereto. You may access our Privacy Policy here.

12.- Comment Moderation

The User may participate in Diantum’s Websites by posting comments and reviews about the gamification services provided by Diantum. For this purpose he must be a registered User, which shall be handled and managed by Diantum as per the terms set forth in the Privacy Policy.

Diantum reserves the right to monitor, delete, modify, restrict, fully or partially delete and block comments that may be published by the User when it deems appropriate, especially when involving comments that are damaging to the integrity of third parties, other users, Diantum; or when these comments are abusive, rude, unlawful, threatening, discriminatory, offensive, or promote unlawful, criminal or reproachable acts. The intention is not to set in place any form of censorship, but instead to maintain information and opinions that are relevant to other users in relation to the gamification services of Diantum.

The foregoing implies that any content that is damaging to third parties or contrary to the law and these Terms and Conditions of Use shall be considered to be forbidden by Diantum’s Websites.

Furthermore, the User shall comply with the following obligations:

  1. Refrain from harassing, threatening, intimidating, degrading, insulting or offending other users through the use of spaces in place for the User’s participation.
  2. Refrain from using Diantum’s Websites for unlawful purposes or as a means to carry out illegal activities as per the laws of Spain or any other country.
  3. Use Diantum’s Websites for personal use.
  4. Refrain from using Diantum’s Websites to promote a website other than this one, or other companies.
  5. Refrain from using Diantum’s Websites for marketing or political campaigns, or campaigns related to any ideology.
  6. The User shall refrain from publishing comments that are discrediting, threatening, libelous, intimidating, racist or xenophobic.
  7. The User shall also refrain from provoking or bothering other users.
  8. The comment entered in spaces offered for that purpose must be brief.
  9. Refrain from disclosing third-party personal data.
  10. Refrain from entering, storing or disclosing any content that may breach third-party intellectual or industrial property rights or trade secrets, and generally, any content for which the User may not hold the right to disclose to third parties as per the Law.

Diantum shall not be liable for the damages that comments or an improper use by users may cause to third parties.

13.- Links

Diantum’s Websites may include links to other websites operated by third parties. These connections are established with the purpose of broadening the information or the full or partial rendering of services or processes contained within Diantum’s Websites. Diantum did not, and shall not, control, approve of, or take ownership of, the services, contents, data, files, products or any other kind of material contained within third-party website/s; as a result, Diantum shall under no circumstance be liable for the lawfulness of the contents within the aforementioned site/s. The third party shall be solely responsible, without limitation, for maintaining the lawfulness, morals, good conducts and public order of contents, as well as for making sure that they are not damaging to any third party. The presence of a link does not imply a relationship of any kind between Diantum and the owner of the Website it redirects to.

Users or third parties intending to link to any Website owned by Diantum, shall guarantee that the link will only allow access to pages or services of the Websites, but does not, without limitation, copy contents, perform deep links, browsers, make inaccurate or incorrect representations about the contents or the Websites themselves. With the exception of those signs that are part of the link, the User shall guarantee that the website where the link will appear shall not contain brands, trademarks, logotypes, descriptions, slogans or any other form of distinctive sign belonging to Diantum.

14.- Advertisement

Diantum reserves the right to include advertisements in its gamification services, as well as to use third-party services to offer its services.

15.- Service failure

Diantum shall make its best efforts to ensure that its Websites and contents and services are available and working properly at all times. However, the User accepts that both due to technical reasons and due to Diantum’s dependence on external factors, such as, for example, telecommunication networks or infrastructure providers, the uninterrupted availability of Diantum’s Websites cannot be guaranteed. As a result, the User shall not have the right to claim a permanent access to Diantum’s Websites. Temporary access restrictions shall not be a reason to claim for quality nor a right for termination due to exceptional reasons of a hired service. In addition to possible access restrictions for reasons that are beyond Diantum’s control, Diantum further reserves the right to temporarily impose restrictions and/or to fully restrict access, particularly when Diantum’s Websites are temporarily out of service for the purpose of performing technical improvements or eliminate errors, defects; perform software updates, etc.

Diantum shall be held harmless for interruptions and/or access or use problems of any kind caused by different computer configurations and versions of its users: operating system versions, browsers, antivirus programs, etc.

When the User is enjoying some of Diantum Websites’ paid services and a failure in the service attributable to Diantum occurs, Diantum shall compensate its paid service users as per the Terms and Conditions of Contract.

16.- Applicable law, authority having jurisdiction and notifications

Diantum is headquartered in Spain. The terms contained herein shall be governed and construed as per the Laws of Spain. The courts of Madrid shall have jurisdiction over any claim. All notifications, requirements, requests and other communications that the User may want to submit to Diantum shall be made in writing and shall be deemed to have been duly fulfilled once they have been received at the following address: Lagasca, 95 28006 Madrid.

Should any material of, or the use of, Diantum’s Websites be against the laws of the place where you are located when accessing it, Diantum’s Websites are not intended for you and we ask you to refrain from using them. You are responsible for getting informed about the laws in your jurisdiction and the way in which you are required to comply with them.