1. General conditions of use of the services of vestibules phpnuke and their acceptance
The present General Conditions of CrearPhpNuke (in future, “the Conditions”) regulate the benefit of the service of vestibule phpnuke on the part of Challenge Internet, LIMITED LIABILITY COMPANY (in future, CREARPHPNUKE) as well as the conditions of acceptance and use of the services on the part of their Users.
The use of these services comes conditional to the previous execution of the form from registry from user from the service of vestibules phpnuke of CREARPHPNUKE, as well as to the previous acceptance of the present Conditions. Thus, the use of the services of vestibules phpnuke attributes to the condition of user (in future, the “User”) of the service of vestibules phpnuke and it express the total acceptance and without reserves on the part of the User of each and every one of the conditions in the version published by CREARPHPNUKE at the same moment at which the User accedes to the service.
The use of the services of vestibules phpnuke is put under all the warnings equally, use regulations and instructions informed of the User by CREARPHPNUKE, that complete the predicted thing in these Conditions as soon as they are not against them.
CREARPHPNUKE reserves the faculty to modify the Conditions at any time (in future, the “Future Conditions”). The same will be applicable from the moment at which they are at the disposal of the Users. CREARPHPNUKE recommends to him to visit whenever it uses the service the Conditions, since these can undergo modifications. The effective version of the Conditions is available in www.phpnuke-themes.org.
The make available and the use of the Service on the part of the User will be understood, in any case, submitted to the strict fulfillment on the part of this one of the terms picked up in the present Conditions.
If the User decides not to accept the present Conditions, and/or, where appropriate, the Future Conditions, he will have to abstain to accede and/or to use the service offered by CREARPHPNUKE.
2. Object and Description of the service
The object of the Conditions is the benefit of the service of vestibules phpnuke through Internet. The Users, and previous free stuffed of the form of creation of vestibules phpnuke, will create of automated form a vestibule phpnuke, which things will be able among others, to create its own page Web, to administer, to moderate, to accede, to introduce contents, the news, to respond to messages and, generally, to have its own Web site in Internet.
3. Access to the service
The access to the service will be realized by means of a code client and one password or key intransferable personal and.
4. Obligations of the Users
The User commits itself to use the service in accordance with the law, these Conditions and the Policy of Protection of Data of the same, as well as with the moral and generally accepted moral convention and the public order.
The User then commits itself to abstain to use the illicit, opposite service with aims or fectos to settled down in the present Conditions, harmful of the rights and interests of third parties, or that anyway can damage, make unusable, overload or aggravate the service or to prevent the normal use or he enjoys the service on the part of other users. Declarative and in particular, and for a reason or purpose merely nonexhaustive, it is prohibited the transmission, diffusion or putting at the disposal of third parties through service, of information, messages, graphs, archives of sound and/or image, photographies, recordings, software and, generally, any class of material, data or contents that:
A. Anyway harasses, watchs, they threaten or they abuse other members of the forum or any third parties other people's to the same.
B. Incorporates obscene or objectionable contents or that can hurt the sensitivity of any third parties that can accede to the same.
Cs. Spread contents that can infringe or harm the legal rights of the others, as material difamatorio or whose content infringes any rights of intellectual or industrial property.
D. Animates to others to infringe these Conditions and/or the legal obligations that the effective normative frame establishes.
E. is used for commercial, advertizing or illicit aims; as well as for the mail transmission sweepings, Spam, chains or massive distribution of messages nonasked for.
F. Infringes the normative one on secret of the communications.
G. Services destined to harm or to provide information exceeds how to violate security systems.
On the other hand, CREARPHPNUKE reserves the right to retire and/or to suspend to any User of the services by the breach of the arranged thing in the Conditions, as well as to eliminate, to retire and/or to suspend to any content or vestibule phpnuke that incorporates information of the characteristics enumerated in the letters To a G, and even though it has not been statement in the same, without needing previous warning or later notification.
CREARPHPNUKE puts tools of moderation and administration at the disposal of the user so that it avoids that the mentioned facts take place previously.
However, CREARPHPNUKE puts at the disposal of the public an email to denounce these infringements of the Conditions by anyone of the CREARPHPNUKE users. This email is abusos@phpnuke-themes.org.
5. Exemption of responsibility
The messages and contents indicated by the Users in the qualified vestibules phpnuke are only the opinion of the senders and its content is unique and exclusively responsibility of the same. CREARPHPNUKE does not become, in any case, person in charge of the messages sent by his users and also excludes any responsibility by the damages and damages from all nature that can derive from the knowledge which they can have third parties of the conditions, characteristics and circumstances of the use of the service which the Users do or who could be due, where appropriate, to the access and to the interception, elimination, modification or authorized manipulation on the part of third parties, or no, of the messages that the Users spread or put at the disposal of third parties through the services of forum.
CREARPHPNUKE does not guarantee the availability, continuity nor the infalibilidad of the operation of the service of vestibule phpnuke and anyone of their services, and consequently it excludes any responsibility by the damages and damages from all nature that can be due to the lack of availability or continuity of the operation of the vestibule phpnuke and the services qualified in the same, as well as the errors in the access to the different pages Web or those from which, where appropriate, these services are lent.
6. Personal character data
As it is indicated in section 1 of these Conditions, the access and the use of the services of vestibules phpnuke are conditioned to the previous acceptance of these Conditions. CREARPHPNUKE informs to him that it will deal with the personal character data in the terms about the Policy about Protection Personal Character data.
The Users guarantee the veracity, exactitude, use and authenticity of the facilitated Personal Data, and they are committed to maintain properly updated them.
7. Safety measures
Bearing in mind that the safety measures in Internet are not unconquerable, with respect to the privacy and security of the use of the service of vestibules phpnuke, CREARPHPNUKE does not guarantee that third parties, authorized or no, can have knowledge of the class, conditions, characteristics and circumstances of the use that the Users do of the service or which they can accede and, where appropriate, to accede, to intercept, to eliminate, to alter, to modify or to manipulate the messages and communications of any class that the Users spread or put at the disposal of third parties through these services.
8. Nonlicense
CREARPHPNUKE authorizes to the user registered in the service to the use of the rights of intellectual and industrial property regarding the software that allows the execution of the benefits that compose the Service solely to use them according to the established thing in these Conditions.
CREARPHPNUKE does not grant to no other license or authorization of use of any class on their rights of intellectual and industrial property or on any other property or right related to the services of vestibules phpnuke.
9. Responsibility by contents
CREARPHPNUKE does not have obligation to control and it does not control the use that the Users do of the service and, therefore, does not guarantee that the Users use the same in accordance with the settled down thing in the Conditions, nor that they make a diligent and/or prudent use of the same. Also, CREARPHPNUKE does not have the obligation either to verify and it does not verify the identity of the Users, nor the veracity, use, thoroughness and/or authenticity of the data that the Users provide on themselves.
Notwithstanding the previous thing, CREARPHPNUKE reserves the faculty to limit, total or partially, the access to the determined services to Usuary, as well as to cancel, to suspend, to block or to eliminate certain type of contents by means of the use of apt technological instruments the effect, if it had effective knowledge of which the activity or the stored information is illicit or of which injures to goods or rights of a third party. In this sense, CREARPHPNUKE it will be able to establish the filters necessary in order to avoid that through service they can be spilled in the network contained illicit or injurious.
In this sense, in no case the User will be able to include contents of illicit, criminal, racist character, xenophobe, of vindication of the terrorism or pornographic, constituent violation of human rights, difamatorio, of deceit or swindles to his adressees or that of any way infringes applicable laws or norms or the CREARPHPNUKE property of or third party are that attempt against rights of. In case the User includes contents with some of these characteristics, CREARPHPNUKE reserve in any case and to his single discretion the right to prevent, to suspend or to restrict the access, to at any time block, to retire or to suppress to these contents or the Web site, without from it some of indemnification of the User is derived right.
10. Duration of the service
The service has character of indefinite duration. If so and in the measurement of the reasonably possible thing, CREARPHPNUKE will announce the conclusion or extinction of in advance sufficient service.
11. It safeguard
If by a court the invalidity is declared or it lapses, totally or partly, any clause of these Conditions, the remaining stipulations will conserve their validity.
12. Applicable legislation
The present Conditions are in force in all their ends by the Spanish law.
CREARPHPNUKE recommends the user who prints the general conditions before set out he conserves and them in his power.
Date of last update: 30-05-2006