Disclaimer
Terms and Conditions
Please read these terms and conditions carefully. By using this site, you agree to them. If you do not agree to these terms of use, please refrain from accessing or using this website.
Use of the Tecnum platform and the services available on or through this website is subject to these terms and conditions ("Agreement") which are a legal and binding document for the user ("User").
1. Tecnum Services
1.1 tecnumwl.com ("Site") is a platform developed and managed by Tecnum Electrónica C.A ("Tecnum") that allows Users to view data associated with hydrometeorological stations managed by us. Use of the Platform and Services is governed by this Agreement, including the other documents and policies available on the Platform (which are the Tecnum Privacy Policy).
1.2 By accepting this Agreement, the User may use the services accessible through the Platform, specified in section 1.1 ("Services").
1.3 Use of the Site does not require the mandatory activation of an account, however, use of the Services requires the activation of a personal and unique User account ("Account").
1.4 In order to use some of the Platform\'s functionalities, it is necessary to create an Account.
2. User Account
2.1 If the User creates an Account, a unique username and password will be associated with it ("Account Credentials").
2.2 The User is obliged to take the necessary measures to ensure that the Account Credentials are subject to the utmost confidentiality and accepts responsibility for any loss or damage to Tecnum and/or third parties resulting from the breach of the aforementioned confidentiality obligation. The User undertakes not to disclose the Account Credentials and the information accessible through them and undertakes not to allow access to the Platform, the Services and the Premium Services to third parties by using their Account Credentials or in any way through their Account. If the User becomes aware of unauthorized access to their Account, they must change their password and notify us immediately at support@graphics.tecnumwl.com
2.3 The User is obliged to provide Tecnum with real and accurate information when creating the Account (and each time they update their data) and, in order to ensure the security of the Account, they undertake to:
not provide false information;
not create false or duplicate Accounts;
update their personal information when requested to comply with the provisions of this Agreement;
not share or transfer the Account Credentials;
not to adopt as User Name or Account ID any name that infringes the law or the rights of third parties (in such case Tecnum shall be entitled to suspend the registration or the Account until the critical issue arising with respect to the name mentioned is resolved).
2.4 If the User does not verify the Account, by clicking on the confirmation link sent by email during the registration process, the corresponding Account will be deleted after one month from the registration request.
3. User Obligations
3.1 The User acknowledges that the use of the Services in accordance with the Agreement is essential for the proper functioning of the Platform and for the use of the Services by other Users. Therefore, when creating, modifying and publishing content, including but not limited to software or libraries (hereinafter "Content"), the User must comply with the provisions of this Agreement, with the procedures and schemes of the open source license adopted by the Tecnum community and with the applicable legal provisions, adhering to the principles of good faith, truthfulness and fairness in dealing with other Users.
3.2 The User will use the Platform in accordance with this Agreement and for the purpose of using the Services. Specifically, the User agrees not to:
transfer or resell the Services, or your right to use the Platform to any third party;
tamper with the Platform\'s hardware without the intervention and authorization of Tecnum;
use the Site or the Services if the Account has been temporarily or permanently suspended;
use the Platform to create or incorporate other data sets correlated with Tecnum for use in a service similar or identical to the Service;
provide Tecnum with data that is false, inaccurate, misleading or that generates adverse consequences for any third party;
transfer the Account or communicate the Account Credentials to any third party without the prior written consent of Tecnum;
spread viruses, malware or any other technology designed to damage the Platform, the Site, other Users\' devices, violate the rights of Tecnum or other Users, compromise the correct implementation of the open source licensing schemes used by the Tecnum community, or in any way hinder or disrupt the use of the Services by other Users;
copy, modify or distribute the content of the Platform, the Services or information owned by Tecnum and/or others (without prejudice to the provisions of the open source licenses applicable to software, if accessible through the Platform);
use any mechanism, software or procedure that may interfere with the correct operation of the Platform;
circumvent the tools prepared by Tecnum to ensure the security of the Platform and prevent intrusions or access by unsolicited automated users (for example, robots, spam, spiders);
upload to the Platform or in any way communicate or send through the Platform to other Users content (textual or graphic or of any other type) that is offensive, vulgar, violent, false, harmful to the image of Tecnum or contrary to the law, or that infringes the rights of third parties or the open source licenses used by the Tecnum community;
copy, download, duplicate, distribute, disseminate or in any way use – even partially – images, distinctive signs, text and content belonging to Tecnum or that are in any way found on the Platform;
export any information outside the Platform, except in cases expressly regulated by this Agreement and without prejudice to the rights granted by the open source licenses used by the Tecnum community.
3.3 If Tecnum considers, at its sole discretion, that the User has engaged in conduct that may generate technical problems or legal liabilities or that violates the provisions of the Agreement, Tecnum may, without prejudice to other remedies, limit, suspend or interrupt the availability of the Services and/or the Account, and take technical and legal measures – including the removal of illegal content – to prevent the User from using the Services in a manner contrary to the law or the license agreements with which the User is required to comply.
3.4 In order to maintain the functionality of the Platform at optimal and secure levels, the User may report technical problems using the email support@graphics.tecnumwl.com
3.5 The User undertakes to indemnify and hold harmless Tecnum, as well as its directors, employees, managers, agents and any subsidiary and/or parent company of Tecnum, from any damage resulting from the User\'s failure to comply with the terms and conditions of this Agreement.
4. Use of the Services
4.1 Tecnum will keep the Platform active and make it accessible through the Site, providing technical assistance to resolve problems related to the use of the Account due to Platform problems attributable to Tecnum, through the email support@graphics.tecnumwl.com. Given the characteristics of the Services, the User acknowledges that Tecnum will not be responsible for problems with access to the Platform for reasons that are not directly related to the activity of Tecnum or for which it is responsible and, in particular:
problems related to the connectivity and continuity of Internet traffic available to the User;
problems related to the User\'s computer systems;
problems related to the terminals used by the User, including malfunctions of the devices used by the User and even cases where these devices (such as smartphones, tablets, computers) are not compatible or are not fast enough to allow the use of the Services;
interruption of access to the User\'s Internet network;
incompatibility between the User\'s mobile device or browser and the Platform;
any other event that may compromise the User\'s access to the Services or the Platform (and in any case the use thereof) that is not caused by Tecnum
4.2 In addition, when using Tecnum\'s Cloud Services, the User is responsible for reading, acknowledging and adopting the Shared Responsibility Model explained here https://www.tecnumwl.com/en/about/sharedresponsibilities.
4.3 Access to and use of the Services is at the User\'s own risk. The User understands and agrees that the Service is provided "AS IS" and "AS AVAILABLE." Without limiting the foregoing, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, Tecnum DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Tecnum makes no warranties, and disclaims all liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any opinions expressed on the Platform and/or through the Service; (iii) any damage to your computer system, loss of data, or other harm resulting from your access to or use of the Services or the Platform or any Content; (iv) the deletion or failure to store or transmit any Content and other communications maintained by the Service; (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Tecnum or through the Service shall create any warranty not expressly stated herein. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Tecnum SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA OR MATERIAL LOSS OF NATURAL EVENTS, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF USER TRANSMISSIONS OR CONTENT. THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT Tecnum HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. To the extent any disclaimer or limitation of liability set forth above does not apply, all applicable express, implied and statutory warranties shall be limited in duration to a period of thirty (30) days from the date User first used the Service, and no warranties shall apply after such period.
4.4 The Platform and the Services may display and/or refer, from time to time, to links to other websites that are not owned, operated or controlled by Tecnum. Tecnum: (i) has no control over, and does not endorse and assumes no responsibility for the content, privacy policies or practices of such websites, (ii) is not responsible for the availability of such websites and does not endorse any advertising, products or other materials on or available from such websites; and (iii) shall not be liable in any way for any loss or damage User may suffer by using and visiting such websites. If User decides to access linked websites, User does so at User\'s own risk and Tecnum encourages User to read the terms and conditions and privacy policy of each other website User visits.
5. Industrial and Intellectual Property
5.1 The User acknowledges that:
the industrial property rights over the trademarks visible on the Platform – specifically the Tecnum trademarks – as well as the domain names that include the “Tecnum” sign are the exclusive property of Tecnum;
Tecnum has exclusive ownership of the intellectual and industrial property rights regarding the Platform, the software and databases connected to the Platform, the Site, the text, the illustrations, the design and the appearance of the Platform and the Site (with the exception of the content published or made available in any way pursuant to public license agreements, open source, GPL, LGPL, creative commons or other non-proprietary license framework commonly used by the Tecnum community);
Tecnum has exclusive ownership of the Tecnum project, the related know-how and all technical and commercial information related to it;
and the User undertakes not to infringe or negatively affect these rights.
5.2 All content on the Site, including but not limited to text, illustrations, images, audio material, video, as well as domain names, slogans, organization and appearance of the user interface are protected by laws governing intellectual and industrial property rights and are reserved to Tecnum or third parties who have licensed them to Tecnum. In the event that the Site allows the download of specific content, the download of a copy will be made only on a computer device, for personal and non-commercial home use, and the User must:
not remove or alter any proprietary or copyright notices on the downloaded content
not sell or modify the content, or reproduce, display, publicly use, distribute or use it in any other way for public or commercial purposes without the prior written authorization of Tecnum
not use the downloaded content in a way that suggests any association with Tecnum products, services or trademarks.
In addition, it is prohibited to copy (what is known as "mirroring") any content from the Site to any other server. The use of the content of the Site on other websites or on networked computers for any purpose without the written permission of Tecnum is prohibited. The foregoing is without prejudice to the use of software obtained under public license agreements, open source, GPL, LGPL, creative commons or other non-proprietary license frameworks commonly used by the Tecnum community.
5.3 The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Tecnum or may be the property of third parties. All rights are reserved and any use is subject to written authorization from the relevant right holder.
6. Term: Termination of the Agreement and Account Cancellation
6.1 This Agreement is of indefinite duration and will cease to be effective in the cases of termination contemplated below, in the event of closure of the Account and cessation of Tecnum\'s activity on the Platform.
6.2 The User has the right to cancel his Account once logged in by following the corresponding cancellation procedure that will be confirmed by email. Tecnum will cancel the Account within 7 business days after the completion of such procedure.
6.3 If the User remains inactive for 24 months, Tecnum will have the right to close the Account.
6.4 Tecnum shall also be entitled to cancel the Account in the event of any breach by the User of the obligations set forth in this Agreement, without prejudice to any other remedy provided by law or this Agreement.
6.5 In the event of cancellation or closure of the Account, all data related to the Account shall be deleted and shall be anonymized by removing all personal data that could identify the User in question.
7. Changes to the Agreement
7.1 Tecnum reserves the right to modify the Agreement by publishing the new version on the Platform. Unless otherwise specified, all new terms of use of the Agreement shall automatically come into effect 20 (twenty) days after the date of publication on the Platform.
8. Assignment of the Agreement
8.1 Tecnum may assign this Agreement, in whole or in part, to any affiliated or parent company.
9. Privacy and protection of personal data
9.1 The User\'s personal data will be processed in accordance with the privacy policy statement available at https://www.tecnumwl.com/en/about/privacypolicy.
10. Miscellaneous
10.1 This Agreement shall be governed by and construed in accordance with the laws of Venezuela without regard to principles of conflict of laws.
10.2 Headings are included for convenience only and shall not be used to interpret the Agreement. If any term of this Agreement is held by any court of competent jurisdiction to be invalid or unenforceable, such term shall be severed from this Agreement.
10.3 Failure or delay by Tecnum in exercising any right hereunder shall not waive any subsequent exercise of such right. Tecnum\'s rights and remedies hereunder are cumulative and not exclusive.