Terms of Use of the Website

Please read these terms & conditions (the “Terms”) carefully before using Landscape Monitor website.

Welcome to the Landscape community. You are reading these Terms because you are using the Landscape website https://landscapemonitor.io (the “Website” or the “Site”).

These Terms constitute a binding agreement between you (“You”) and Davila Simon Group, S.L. ("We", “Us” or "DSG"), regarding your access to and use of the Website.

By using this Site, You acknowledge that You have read and agree to be bound by these Terms, including our Privacy Policy and Cookies Policy which are hereby incorporated by reference. If You do not want to agree to these Terms, You must not access or use the Website.

1. changes

   1. We may modify, add or remove portions of the Terms and the content on this Site at any time without notice. All changes are effective upon posting and apply to all access to and use of the Site thereafter. You are expected to check the Site periodically so You are aware of changes and current Terms because they are binding on You. If You do not agree to the modified Terms, You should discontinue your access and use of the Site. Your continued use and access to the Site following any modification to this Terms shall be deemed an acceptance of all modifications.

2. contact information

   1. We are a company registered in calle Professor Barraquer 9, 08950 Esplugues de Llobregat (Barcelona), and with Tax Identification Number B-64435712 and filed with the Companies Registry of Barcelona, under volume 39,254, sheet 63, page no. B-343209.
   2. You can send any request to Us through this email: support@landscapemonitor.io

3. use of website and accessibility

   1. The purpose of the Website is to provide general information about Us and our services and products and, accordingly, cannot be relied upon it for any purpose. We do not warrant the accuracy, completeness, timeliness or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Site, or by anyone who may be informed of any of its contents.
   2. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other devices or equipment needed for access to and use of the Site and all charges related to the same.
   3. Access to the Website may not be legal by certain persons or in certain countries. You shall be the one responsible for compliance with the laws that You are subject to.
   4. If You infringe these Terms, your access to the Site may be terminated immediately and without previous notice.

4. access and use restrictions

   1. The use of the Website shall be restricted to the stated purpose. Accordingly, You shall not use the Site:

      • In any way that implies a breach of these Terms;
      • In any way that violates any applicable law or regulation, including displaying, uploading or submitting content or information that encourages conducts that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice, including any violation or infringement of intellectual or industrial property rights of any person;
      • To breach another person’s right to privacy or infringe any intellectual property rights;
      • To make statements that are defamatory (including towards DSG), relate to pornography, are of a racist or xenophobic nature, promote hatred or incite to violence or disorder;
      • In any way that may disrupt, negatively affect or inhibit others from using the Website or that could damage the functioning of the Website or our servers or any networks connected to any of our servers in any manner;
      • For any commercial or for-profit purposes not previously authorized by Us;
      • To upload files that contain viruses or similar software programs with the aim to damage another person’s computer or system or otherwise jeopardize the integrity of the Website;
      • Without our written consent, send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, or any other form of unauthorized advertising or promotional material; and/or
      • If according to your personal law and to the laws of Spain You are not old enough to access the Site.
   2. Furthermore, You should not use automated systems or software to extract data from the Website for commercial or non-commercial purposes (Screen Scraping) unless You has previously concluded a written license agreement with Us for this purpose.
   3. We develop automated systems to improve our ability to detect and remove abusive people and activity that may harm our community and the safety and security of our Website, services and products. If we learn of people or activity like this, we will take appropriate action by removing such people or activity or contacting law enforcement.

5. use of the website

   1. In addition to any other requirements set forth in these Terms, it is necessary to have internet access and ready device to use the Website. In this regard, You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for the access and use of the Website and all charges related to the same.
   2. In particular, You may access the Website through a computer, mobile phone, tablet, console, or other technology. Your carrier's normal rates and fees apply to your device.
   3. Access to the Website may not be legal by certain persons or in certain countries. You shall be the one responsible for compliance with the laws that You may be subject to.

6. website content and availability

   1. We may modify the content of the Website, in our sole discretion without notice. We do not guarantee that the Site and its content will always be available or be interrupted. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users.

7. services

   1. If you order or request products or services on the Website, additional terms apply to the purchase and to the use of those products or services. For that reason, the information contained on the Website shall not be considered an offer for goods or services. Any quotes or other pricing figures displayed on or downloaded from the Website shall not be a binding commitment on DSG. We may accept or reject any order for products or services, in our sole discretion.
      
      We remind You that your use of these services is subject to the relevant agreement. In particular, the use of all software provided by Us is provided under a software license agreement. DSG software contains valuable trade secrets and proprietary information and is protected by the applicable laws. Unauthorized use of software or its documentation can result in civil damages and criminal prosecution.

8. registration and account

   1. In order to use the Website and any of the functionalities of it or our services We will require You to subscribe one of our plans and to create your own personal account (the “Account”) by providing Us with a nickname, an e-mail, a password and some additional personal data as well as a payment method, if applicable, which will always be treated according to our Privacy Policy. Such Account shall be personal and its access information strictly confidential and, hence, You are fully responsible of the activity occurring under your Account and We shall not be liable for any loss or damages that You may suffer as a result of someone else using your Account and/or accessing or using your content. Likewise, You shall be liable to any losses or damages caused under the use of your Account, regardless if it is being used by a third party. To maintain control over the Account and to prevent anyone from accessing the Account, You should maintain control over the devices that are used to access the service and not reveal the password or details of the payment method associated with the Account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. You agree to notify Us immediately at support@landscapemonitor.io if you discover any unauthorized use of your Account or login credentials. We can terminate your Account or place your Account on hold in order to protect You, We or our partners from identity theft or other fraudulent activity.

9. subscription plan and pricing

   1. The features and functionality of some of our services may vary between plans and may also change over time. Please visit the Website to check all available plans and its different features and functionalities and its prices and to subscribe to one of them. Special conditions may apply to You depending on the plan You subscribe.
   2. We may change and modify our subscription plans and the price of our services from time to time.

10. privacy policy

    1. The Privacy Policy describes our information practices, including the types of information We receive and collect from You, how we use and share this information, and your rights in relation to the processing of information about You. The Privacy Policy sets out the legal bases for our processing of personal information about You, including, among others, the collection, use, processing, and sharing of such information, as well as the transfer and processing of such information where We have or use facilities, service providers, affiliated companies, or partners, regardless of where you access to the Website.

11. content and intellectual property

    1. Content provided by Us: We or our licensors, when applicable, shall retain all right, title and interest to the Website and any content information, material, code and software that is part of the Website and any other right, document or material arising from the performance of our services, including without limitation, all copyrights, software, patents, trademarks, navigation architecture, databases, services, graphics, videos and other content and/or visual components that make up the site other intellectual property rights, logos, icons, user interfaces, scripts, videos, text, images, sounds, music, videos and artwork (“Our IP”).
       
       Except with our express written permission or as permitted by applicable laws, You may not (in whole or in part) copy, distribute, reproduce, adapt, store, transmit, decrypt, print, display, commercialize, perform, publish or create derivative works, offer for sale or use (except as explicitly authorized in these Terms) any part of Our IP. No rights are granted to you except as expressly set forth in this Agreement.
       
       You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Website; use any robot, spider, scraper or other automated means to access the Website; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website or the service; insert any code or product or manipulate the content of the Website in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website, including any software viruses or any other computer code, files or programs.
    2. Content provided by You: You represent to Us that You are either the authors or have all rights and permissions over any content (such as, among others, pictures, music, videos, documents, data, advertisements, promotions, logos, opinions, articles, material, links, code, software, inter alia) (“Your Content”) that You share, distribute, publish, upload and make available in the Website. Furthermore, Your Content will not infringe the rights of any third party.
    3. We reserve the right to remove, screen or edit Your Content at our sole discretion. Furthermore, if We believe You are breaching security, other’s intellectual property rights, these Terms (or other applicable terms) or our Privacy Policy, We may suspend your use and access to the Website and your account, if any.
    4. We use the information and Your Content to help operate, provide, and improve our Website and our services. For that reason, we need to store and distribute Your Content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.

12. third-party content

    1. In the case that the Website contains an action, information, content, material, data, opinion, advertisement, promotion, logo or any link to any websites, software, mobile app, wearable technology or any other third party content (collectively, the “Third-Party Content”), We hereby inform You that We are not responsible for such Third-Party Content, or any changes or updates to them. The Third-Party Content may provide their own terms and conditions of use, privacy policies and cookies policies that apply to You and your use of such Third-Party Content is not governed in any manner by these Terms.
    2. We may display Third-Party Content, which is deemed appropriate and reliable to You and/or the Users. However, as We cannot control all Third-Party Content included, We make no representations or warranties of any kind regarding such Third-Party Content, and We accept no responsibility for any loss or damage which might arise from the use of such Third-Party Content. Accordingly, your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between You and such third parties and, therefore, if You decide to access to such Third-parties Content, You do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Content.
    3. The Website may include Third-Party Content provided by third parties, which do not necessarily reflect the opinion of DSG. We are not responsible, or liable to You or any third party, for the Third-Party Content.

13. license agreements

    1. You agree that Your Content will be treated as non-confidential and You grant Us a royalty free, perpetual, worldwide license to use and/or exploit (including the right to, but not limited to, disclose, reproduce, transmit, publish, copy, distribute, reproduce, adapt, store, decrypt, commercialize, create derivate works or broadcast) all Your Content (including especially any Intellectual Property rights that they include or that may arise from Your Content), without notice, compensation or acknowledgement to You, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving our products and services.
       
       Please note that We are free to decide whether or not to use Your Content and that We may already have developed similar IP or have obtained such IP from other sources, in which case all intellectual property rights in this content remains with Us and its licensors.

14. disclaimer of warranties and limitation of liability

    1. The Website and all information, products and services provided through it are provided on an 'as is' and 'as available' basis, and We expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of accuracy, validity reliability, availability, suitability or completeness of any information, content or data provided through the Website and, therefore, in no event, We will be liable, whether in contract or tort, for any claim, loss, damage, liability, cost or expense of any kind, whether direct or indirect (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) or any other damages of any kind related to You caused from the access or use of the Website or relying on the content of the Website.
    2. Likewise, We make no warranty that the Website will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
    3. We are not responsible for the content, data, or actions of third parties, and You release Us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim You have against any such third parties. No advice or information, whether oral or written, obtained by You from Us or through or from our services creates any warranty not expressly stated in these Terms.
    4. Any material downloaded or otherwise obtained through the Website, or the server that makes it available, is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, as We cannot guarantee that they are free of viruses, worms, trojan horses or other harmful components. You agree that We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained in the Website.
    5. Notwithstanding the above, in any case, our aggregate liability relating to, arising out of, or in any way in connection with the Website shall be limited to losses that are a reasonably foreseeable consequence of such breach and will not exceed the amount You have paid Us in the past six months for the use of the Website. If the applicable law does not allow all or any part of the above limitation of liability to apply to You, the limitations will apply to You only to the extent permitted by applicable law.

15. indemnification

    1. To the fullest extent permitted by applicable law, You will indemnify, defend and hold Us harmless and our respective past, present and future employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to (i) Your access to the Website, including, but not limited to, products or services other than as expressly authorized in these Terms; (ii) violation of these Terms or of the applicable law by You; (iv) use of information from the Website by You; or (v) any misrepresentation made by You.
    2. We reserve the right to take over the exclusive defense of any claim for which We are entitled to indemnification under this clause. In such event, You shall provide Us with such cooperation as is reasonably requested.

16. suspension and termination

    1. We may modify, suspend or terminate Your access to the Website (in whole or in part) at any time.
    2. If these Terms or your account are terminated, Your rights to access and use the Website immediately ends and any licenses granted to You under these Terms terminate.
    3. You understand and agree that some of Your Content may continue to appear publicly in the Website even after the termination, subject to your right to have Your Content removed upon request in accordance with applicable law.

17. translations

    1. The Website may contain translations of content that it is originally in other language. These translations are provided only as a convenience. In the event of any conflict between the English language version and the translated version, the English language version shall prevail.

18. entire agreement and severability

    1. The Terms (including the Privacy Policy and the Cookies Policies) contain the entire understanding between We and You with respect to the Website and supersedes all prior written and oral agreements and understandings relating to this matter, which shall have no further force or effect from the date hereof.
    2. If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, for any present or future reason, such invalidity or unenforceability shall not affect the enforceability of any of the remaining provisions hereof. These Terms shall be construed in such a way as if such invalid or unenforceable provisions had never been contained herein. For those purposes, the Terms shall no longer be valid exclusively with respect to the null or invalid provision, and none of the remaining parts or provision of these Terms shall be null, invalid, prejudiced or affected by such nullity or invalidity.

19. waiver of rights

    1. The waiver or failure of any party to exercise rights under these Terms will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and expressly accepted by the party to be charged therewith.

20. governing law and jurisdiction

    1. These Terms (including Privacy Policy and Cookies Policy) and your access to, and/or use of the Website shall be governed by and construed exclusively in accordance with the laws of Spain, without giving effect to any choice or conflict of law provision or rule.
    2. Any and all dispute, controversy, issue or claim arising out of the performance or interpretation of the Terms (including Privacy Policy and Cookies Policy), or related, directly or indirectly, to the access or use of the Website shall be settled by the Courts of the city of Barcelona (Spain).