INFORMATION SOCIETY SERVICES LAW (LSSI)
Kosten Digital, Inc.., the entity responsible for the website, hereinafter referred to as the "RESPONSIBLE," provides users with this document to comply with the obligations established in Law 34/2002 of July 11, on Information Society Services and Electronic Commerce (LSSICE). It also aims to inform all website users about the terms of use.
Any person accessing this website assumes the role of a user and commits to strict compliance with the provisions outlined herein, as well as any other applicable legal requirements.
Kosten Digital, Inc.. reserves the right to modify any information that may appear on the website without the obligation to provide prior notice or inform users of such changes. It is considered sufficient to publish such modifications on the Kosten Digital website.
1. IDENTIFICATION DATA
- Company Name: Kosten Digital, Inc.
- Trade Name: Kosten Digital, Inc.
- Address: 2385 NW Executive Center Dr.Suite 100, Boca Raton, FL 33431, Florida 334 - USA
- Email: info@kostendigital.com
2. PURPOSE
Through the website, we offer users the opportunity to access information about our services.
3. PRIVACY AND DATA PROCESSING
When providing personal data is necessary to access certain content or services, users must ensure the accuracy, authenticity, and validity of the data. The company will process this data automatically as required by its nature or purpose, as indicated in the Privacy policy and data protection.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all content displayed on the website, including designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs suitable for industrial and/or commercial use, are subject to intellectual property rights and all industrial and intellectual property rights, including trademarks, trade names, or distinctive signs, and all rights in the content and/or any other elements incorporated on the website are the exclusive property of the company and/or third parties who have the exclusive right to use them in economic transactions. Therefore, the User agrees not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, holding the company harmless from any claims arising from the breach of these obligations. Access to the website, in no case, implies any waiver, transfer, license, or total or partial assignment of these rights unless expressly stated otherwise. These General Terms and Conditions of Website Use do not grant Users any other rights to use, modify, exploit, reproduce, distribute, or publicly communicate the website and/or its content, except as expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third party holder of the affected rights.
The content, texts, photographs, designs, logos, images, computer programs, source code, and, in general, any existing intellectual creations on this website, as well as the website as a whole, as a multimedia artistic work, are protected by copyright laws on intellectual property. The company owns the elements that make up the graphic design of the website, the menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the website, or, in any case, has the corresponding authorization for the use of these elements. The content on the website may not be reproduced in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorization of the said entity.
Furthermore, it is prohibited to remove, bypass, or manipulate the copyright, technical protection devices, or any information mechanisms that may be included in the content. Users of this website commit to respecting the aforementioned rights and avoiding any actions that may harm them, with the company reserving the right to exercise all means and legal actions at its disposal to defend its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The User commits to:
- Make proper and lawful use of the Website, as well as its content and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Terms and Conditions of Website Use; (iii) commonly accepted morals and good customs; and (iv) public order.
- Provide all the necessary technical means and requirements to access the Website.
Provide accurate information when filling out personal data forms on the Website and keep this information up to date at all times to ensure it reflects the User's current situation. The User will be solely responsible for any false or inaccurate statements they make and for any harm they may cause to the company or third parties through the information they provide.
However, in addition to the above, the User must also refrain from:
However, in addition to the above, the User must also refrain from:
- Unauthorized or fraudulent use of the Website and/or its content for illegal purposes, which are prohibited by these General Terms and Conditions of Website Use, that infringe upon the rights and interests of third parties, or in any way may harm, disable, overload, damage, or impede the normal use of the services or documents, files, and any kind of content stored on any computer equipment.
- Access or attempt to access restricted resources or areas of the Website without meeting the required conditions.
- Cause damage to the physical or logical systems of the Website, its providers, or third parties.
- Introduce or spread computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its providers, or third parties.
- Attempt to access, use, and/or manipulate the company's data, third-party providers, and other Users.
- Reproduce or copy, distribute, provide public access through any form of public communication, transform, or modify the content, unless the corresponding rights holder's authorization has been obtained or it is legally permitted.
- Delete, hide, or manipulate copyright notices or any other identifying information about the company's or third parties' intellectual or industrial property rights incorporated into the content, as well as technical protection devices or any information mechanisms that may be included in the content.
- Obtain or attempt to obtain content using methods or procedures other than those made available for this purpose or explicitly indicated on the web pages where the content is located, or generally used on the Internet without entailing a risk of harm or disabling the Website and/or its content.
- In particular, and solely by way of example and not an exhaustive list, the User commits not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any type of material that:
- In any way contradicts, diminishes, or infringes upon fundamental rights and public liberties constitutionally recognized, in International Treaties, and other current legislation.
- Induces, incites, or promotes illegal, denigrating, defamatory, violent, or, in general, actions contrary to the law, morals, commonly accepted good practices, or public order.
- Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or status.
- Includes, provides access to, or allows access to criminal, violent, offensive, harmful, degrading, or, in general, content contrary to the law, morals, commonly accepted good practices, or public order. Induces or may induce an unacceptable state of anxiety or fear.
- Induces or incites involvement in dangerous, risky, or harmful practices for health and mental well-being.
- Is protected by legislation on intellectual or industrial property belonging to the company or third parties without the intended use being authorized.
- Contravenes honor, personal and family privacy, or the image of individuals.
- Constitutes any type of advertising.
- Includes any type of virus or program that may prevent the normal functioning of the Website.
If a password is provided to access some of the services and/or content of the Website, the User must use it diligently and keep it secret at all times. Consequently, they are responsible for its proper custody and confidentiality and commit to not share it with third parties, temporarily or permanently, or allow access to the mentioned services and/or content by other individuals. Similarly, they agree to notify the company of any circumstance that may indicate unauthorized use of their password, such as theft, loss, or unauthorized access, to proceed with its immediate cancellation. Consequently, as long as the above notification is not made, the company shall be exempt from any liability that may arise from the improper use of the password, with the User being responsible for any unlawful use of the content and/or services of the Website by any unauthorized third party. If, through negligence or intent, the User fails to comply with any of the obligations established in these General Terms and Conditions of Website Use, they will be liable for all damages and losses resulting from such non-compliance for the company.
6. RESPONSIBILITIES
Continuous access, proper display, download, or use of elements and information on the website cannot be guaranteed and may be hindered, impeded, or interrupted by factors or circumstances beyond its control. It is not responsible for decisions made as a result of accessing the content or information provided.
The service may be interrupted, or the User's relationship with the Website may be terminated immediately if it is detected that the use of the Website or any of the services offered on it is contrary to these General Terms and Conditions of Website Use. We are not responsible for damages, losses, claims, or expenses arising from the use of the Website.
The company is only responsible for removing, as soon as possible, content that may cause such damages, provided that it is notified. In particular, we are not responsible for damages that may result from, among other things:
- Interferences, interruptions, failures, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in telecommunications lines and networks, or by any other cause beyond the control of the company.
- Unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
- Improper or inadequate use of the Website.
- Security or navigation errors caused by browser malfunction or the use of outdated versions. The Website administrator reserves the right to withdraw, in whole or in part, any content or information present on the Website.
The company disclaims all liability for any damages of any kind that may arise from the misuse of freely available services and use by Users of the Website. Likewise, it is exempt from any liability for the content and information that may be received as a result of data collection forms, which are only intended for providing consulting and inquiry services. On the other hand, in the event of causing damage or harm through an unlawful or incorrect use of these services, the User may be held responsible for the damages and losses incurred.
You will indemnify the company against any damages and losses that may result from third-party claims, actions, or demands as a result of your access or use of the Website. Likewise, you undertake to indemnify against any damages and losses that may result from your use of "robots," "spiders," "crawlers" or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
7. HYPERLINKS
It is informed that the Website provides or may provide Users with means of linking (such as, among others, links, banners, buttons), directories, and search engines that allow Users to access websites belonging to and/or managed by third parties.
The installation of these links, directories, and search engines on the Website aims to facilitate Users' search for and access to information available on the Internet, without it being considered a suggestion, recommendation, or invitation to visit them.
Kosten Digital neither offers nor sells, by itself or through third parties, the products and/or services available on such linked sites.
Likewise, it does not guarantee the technical availability, accuracy, truth, validity, or legality of sites not owned by it that can be accessed through the links.
Kosten Digital will not, under any circumstances, review or control the content of other websites, nor does it endorse, examine, or take ownership of the products and services, content, files, and any other material found on these linked sites.
Kosten Digital assumes no responsibility for damages and losses that may arise from accessing, using, the quality, or legality of the content, communications, opinions, products, and services of websites not managed by Kosten Digital, Inc. and linked to this Website.
The User undertakes not to reproduce, in any way, not even through a hyperlink or hyperlink, the Website, as well as any of its content, without the express written authorization of the data controller.
The Website may include links to other websites managed by third parties to facilitate User access to information from collaborating and/or sponsoring companies. Therefore, the company is not responsible for the content of these websites, nor does it take on the role of guarantor or provider of the services and/or information that may be offered to third parties through third-party links.
The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website
- may not misrepresent their relationship or claim that such a link has been authorized, nor include trademarks, names, trade names, logos, or other distinctive signs of our company;
- may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on gender, race, or religion, contrary to public order or illegal;
- may not link to any page of the Website other than the main page;
- must link to the Website's own address, without allowing the Website that creates the link to reproduce the Website as part of its website or within one of its "frames" or create a "browser" over any of the Website's pages. The company may request, at any time, the removal of any link to the Website, after which you must proceed to its immediate removal.
The company cannot control the information, content, products, or services provided by other websites that have established links to the Website.
8. DATA PROTECTION
To use some of the Services, the User must provide certain personal data in advance. The company will process this data automatically and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously defined, under the conditions defined in the Privacy policy and data protection.
9. COOKIES
The company reserves the right to use "cookie" technology on the Website to recognize you as a frequent User and personalize your use of the Website by preselecting your language or preferred or specific content.
10. STATEMENTS AND WARRANTIES
In general, the content and services offered on the Website are purely informative in nature. Therefore, by offering them, no warranty or statement is granted in relation to the content and services offered on the Website, including, for example, warranties of legality, reliability, usefulness, truth, accuracy, or marketability, except to the extent that such statements and warranties cannot be excluded by law.
11. FORCE MAJEURE
The company will not be responsible at all in case of the impossibility to provide the service, if it is due to prolonged interruptions in the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, government acts and omissions, and, in general, all cases of force majeure or fortuitous events.
12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Terms of Use, as well as the use of the Website, will be governed by United States Law. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the registered office of the Website's Responsible.
In the event that any provision of these General Terms of Use is unenforceable or null under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Terms of Use unenforceable or null as a whole. In such cases, the company will proceed to modify or replace such provision with another that is valid and enforceable and, to the extent possible, achieves the objective and purpose reflected in the original provision.