Access to our site www.redpoints.es / rpdevelop.wpengine.com (the “Site”) makes you a user (“User”) thereof and by using the Site you will be subject to the conditions of use established herein. We reserve the right to modify, at any time, the layout and configuration of this Site, as well as this Legal Notice and Terms of Use, so we recommend you read it every time you access our Site.
1. General information.- The owner of this Site is RED POINTS SOLUTIONS, S.L., with CIF no. B-65649899 and principal place of business in C/ Berlín, 38-48, 1, 08029, Barcelona and registered in the Trade Register of Barcelona (Cataluña) Volume 48930, Sheet 119, Folio B-414373, Telephone: 934 189 433. E-mail: legal-department@redpoints.com
2.Purpose.- The purpose of these general conditions is to regulate the access and use that the Users can make of the corporate Site of RED POINTS SOLUTIONS, S.L. (“Red Points”), which is currently located at rpdevelop.wpengine.com / www.redpoints.es. Some Site services accessible by Internet users or exclusive to Red Points customers may be subject to particular conditions, regulations and rules that, if necessary, replace, complement and/or modify these general conditions of use of the Site and that must be accepted by the User before starting to provide the corresponding service. The access and use of the Site implies the acceptance of these general conditions in the published version at any time and the submission to these conditions.
3.Access and Use of the Site.- The User accesses our Site to obtain information about our services, activities and contact information. The access and use of the Site is free of charge for Users and does not require prior registration of the User. In the case of User registration through identifiers and passwords, both the identifier and the password belong exclusively to the person to whom they are granted. The User must keep both the identifier and the password under the strictest and absolute confidentiality, and must assume, therefore, all damages or consequences of any kind that derive from the breach or disclosure of such information. Any request regarding hiring conditions, budgets and / or individual case studies will be made through any of the means enabled to contact Red Points, either through the contact form of the Site and / or contact addresses indicated case by case. Any provision of services by Red Points will be formalized in an individualized way, at the request of the User, and through external channels to this Site.
The User agrees to make a proper, diligent and lawful use of our Site and, in particular, to: (i) use the Site for the intended purposes, that is, information about our services and activities, User will refrain from using the Site or its content for illegal purposes, or for purposes that go against public order, morality or generally accepted moral standards; (ii) respect the intellectual and industrial property rights of the Site and its contents, as well as all rights that correspond to Red Points; (iii) not reproduce, copy, convert, modify, distribute, publicly display or make available to the public the Site or any of its content or any modifications; (iv) Users are liable for any loss or damage suffered by Red Points due to direct or indirect misuse by the Users of the Site, including violation of this Legal Notice and Terms of Use or the law.
4.Intellectual Property Rights.- Red Points’ name and logo are protected under EUIPO trademarks no. 018042490 and 018036582, WIPO Intl. Register No. 1464726, and Red Points’ “Brand Intelligence” slogan is protected under USPTO trademark application no. 88341362 and EUIPO trademark no. 018036580, on which Red Points exclusively holds all intellectual property rights granted by the current legislation.
Likewise, the design of the entire Site and all its contents (text, news, articles, graphics, logos, drawings, photographs, software, source code and others) are the exclusive property of Red Points. Therefore, all intellectual property rights derived therefrom, belong to Red Points in their entirety (i.e., for the entire legal duration of such rights, worldwide and for all and any forms of exploitation) or, alternatively, when they have been duly licensed for exploitation by its legitimate owners. The exploitation (reproduction, distribution, public communication, making available to the public and / or transformation, including translation) of the content of the Site that is object of intellectual property by any means is strictly forbidden without the prior written permission of Red Points. Any breach of this condition will be subject to the civil and criminal sanctions provided for by current legislation.
5.Disclaimers. Red Points is not a law firm, and Red Points’ employees do not and will not act as your attorney. Red Points’ services are not a substitute for the advice of an attorney. Red Points does not provide legal advice and only provides self-help services at your specific direction. Red Points does not intend to engage in the practice of law and does not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.
This Site is not intended to create an attorney-client relationship, and by using Red Points, no attorney-client relationship will be created with Red Points. Instead, you are representing yourself in any legal matter you undertake through Red Points’ services. Accordingly, while communications between you and Red Points are protected by our Data Protection Policy, they are not protected by the attorney-client privilege or work product doctrine.
Red Points provides an online platform consisting of an automated software solution for clients to address their counterfeiting and/or distribution issues. To that extent, our Site publishes general information on legal issues commonly encountered in connection with counterfeiting and/or distribution issues. Although Red Points takes every reasonable effort to ensure that the information on our Site and documents are up-to-date and legally sufficient, the information related to intellectual property on our Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, is different from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, Red Points cannot guarantee that all the information on the Site is completely current.
Red Points is not responsible for any loss, injury, claim, liability, or damage related to your use of this Site or any website linked to this Site, whether from errors or omissions in the content of our Site or any other linked websites, from the Site being down or from any other use of the Site.
6. Ethics and responsibility derived from the use of the internet and this Site. The User undertakes to use the information and services contained in this Site exclusively for their needs and not to perform directly or indirectly a commercial or professional exploitation thereof, except in case you have obtained the express consent of Red Points. The User is obliged not to use the Site to do or suggest activities prohibited by law or to try to attract Users to other competing services. Red Points will not be in any case responsible for the use of the Site made by the User. The User will refrain from carrying out any conduct in the use of the Site or the resources made available to him/her that violates the intellectual or industrial property rights of Red Points or third parties, which infringes upon image rights to third parties, or that is unlawful or threatens morality.
7. Personal Data Protection.- The personal data that the User provides through the use of the Site or via email or any other means will be subject to our Data Protection Policy. All information on the Red Points’ Data Protection Policy can be found here.
8. Cookies.- More information regarding the cookies used by the Site can be found here.
9. Liability and Indemnity.- The access to the Site does not imply the obligation of Red Points to control the absence of viruses or any other harmful computer element, corresponding to the User to have adequate tools for the detection and disinfection of any harmful computer programs. Access to the Site requires the provision of services from third parties, including telecommunications networks, where its reliability, quality, continuity and operation does not correspond to Red Points. Consequently, Red Points is not liable for the damages caused by the access to the Site or for the lack of access thereto including interruptions, delays or malfunctioning of the Site as well as the damages that may derive from these issues, originated by causes beyond Red Points’ control, caused by Force Majeure, or malicious User actions. Red Points will not be liable for the contents of those sites to which Users can access from links that can be included in the Site. Red Points reserves the right to temporarily interrupt access to the Site at any time and without prior notice, when necessary for technical, security, control, or maintenance reasons.
The User hereby agrees to indemnify Red Points and its directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of (i) any misrepresentation, act or omission made by the User in connection with your use of the Site; (ii) any non-compliance by the User with this Legal Notice and Terms of Use; or (iii) third party claims arising from, or related to, User’s access or use of the Site.
10. Applicable Law and Jurisdiction.- This Site, its Legal Notice and its Terms of Use are subject to Spanish legislation applicable to them. User hereby expressly agrees that any conflict or dispute arising under or related to this Site, its Legal Notice and its Terms of Use will be submitted exclusively to the ordinary courts of Barcelona, Spain, regardless of any other jurisdiction or court to which the Parties may be entitled to submit such conflict.
Last update: October 2019
