Legal Notice

1. Company Introduction and Information

EDGED GLOBAL SERVICES IBERIA, S.L.U. (“Edged Energy” or “Edged”) and MERLIN Properties SOCIMI, SA (“MERLIN”) have partnered together to build a portfolio of data centers across the Iberian Peninsula, information about which can be found on this website.

This website, https://edged.es (herein after the “Website”) is the property of and is operated solely by Edged.  To contact Edged regarding technical issues with this Website, please e-mail support@edgedenergy.com.

Edged® is registered in the Mercantile Registry of Madrid, Volume 41.223, Folio 1, Section 8, Page M-730.804, with a primary business address of C/ Maldonado Nº 4, Bajo D 28006 – Madrid and CIFB-02864098.

MERLIN® is registered in the Commercial Registry of Madrid, Madrid, Folio 123, Volume 34,405, Sheet M-577,086, with a primary business address of Paseo de la Castellana 257, floor 3, 28046, Madrid and CIF A-86977790.

Any person who accesses, browses, uses or participates in the services and activities conducted on and via the Website (hereinafter “you” or “the User”) hereby agrees to be bound by the terms and conditions set forth below and by any other applicable agreements and policies as referenced and incorporated herein.

2. Access

2.1. Any User may access the Website free of charge.

2.2. Accessing and browsing the Website does not require registration. However, if the User requests information through the website, registration on the "Contact Form" of this Website is required including the User’s e-mail address and a message.

3. Intellectual and Industrial Property Rights

3.1. Edged is the owner of, or has obtained the corresponding use license for, all intellectual and industrial property rights related to the Website, as well as the intellectual and industrial property rights of the contents, services and products available through the Website.

The User's access to and browsing of the Website shall not be considered, in any case, as a waiver, transmission, license or total or partial transfer of these rights by Edged.

3.2. Therefore, it is forbidden to delete, evade or otherwise manipulate the copyright notice or any other means of identifying Edged’s, or its owner’s, rights to the Contents and products: any technical protective mechanism; digital fingerprints; watermarks; or any information or mechanism to identify these.

3.3. Edged reserves the rights to all intellectual and industrial property. Specifically, changing, copying, reusing, exploiting, reproducing, modifying, publicizing, publishing, uploading files from, emailing, transmitting, using, processing or distributing in any way, all or part of the Contents and products included in the Website for public or commercial purposes is prohibited without the express written authorization of Edged or, where appropriate, of the owner of the corresponding rights.

4. Use of the Website

4.1. The User promises to use the Website and its contents and services in accordance with the Law, these Terms of Use, and established social standards of conduct and public safety. Furthermore, the User promises not to use the Website, or the services provided through it, for any purposes that is illicit or contrary to these Conditions of Use; that may be harmful to the interests or rights of third parties; that in any way may damage, render useless or reduce the usefulness of the Website or the services provided through it; or that in any way may impede other Users from using and benefiting from the Website.

Furthermore, the User expressly agrees not to destroy, alter, disable or otherwise damage the data, programs, electronic documents or other materials on the Edged Website.

The User promises to, in no way hinder the access of otherUsers enjoyment of this service through bulk use of the computer resources deployed by Edged in order to offer these services, nor to carry out actions that damage, interrupt or cause errors in these systems.

The User agrees not to upload programs, viruses, macros, applets, ActiveX controls, or any other logical mechanism or sequence of characters that may cause, or may be capable of causing, any type of disruption to Edged’s or third parties’ computer systems.

4.2. Access, browsing and use of the Website are the responsibility of the User. Therefore, the User agrees to diligently and faithfully comply with any additional instructions given by Edged, or by authorized personnel of Edged, regarding the use of the Website, its contents and products.

4.3. The contents included in the Website are provided to persons who browse the Website; to persons who request information through the Contact Form; and to persons who are interested in the contents and products offered by Edged. Any unauthorized commercial use of the contents is prohibited without express, prior, written permission of Edged.

4.4. Therefore, the User promises to use the contents in a diligent, correct and lawful manner. In particular, the User agrees to refrain from:

Using the contents for purposes that are contrary to the law, morality, generally accepted social norms or public safety.

Reproducing, copying, distributing, allowing public access through any form of publicity, transforming or modifying the contents, unless the action is permitted by law or with the authorization of the owner of the corresponding rights.

Using the contents and, in particular, information of any kind obtained through the Website or services to send advertising; send communications for direct marketing purposes or for any other commercial purpose; send unsolicited messages to multiple recipients, regardless of the purpose or content of the message; or to sell or disclose this information in any way.

In the event that the User becomes aware of any illicit or illegal content or content that may involve an infringement of intellectual or industrial property rights, the User shall immediately notify Edged so the appropriate measures may be taken.

5. Communication License

5.1. In the event that the User sends any kind of information to Edged via the Website, by means of the communication options provided on the Website, the User states, warrants and agrees to the following: that the User has the right to do so freely; that the information does not infringe on any intellectual property rights, trademark, patent, trade secret, or any other third party right; that the information is not confidential; and that the information is not harmful to third parties.

5.2. The User acknowledges and accepts full responsibility and holds Edged harmless for any communication provided personally or on the User’s behalf. This unlimited responsibility shall include the accuracy, legality, originality and ownership of any communication.

6. Liability and Warranties

6.1. Edged does not guarantee and is not responsible for: (i) Website content continuity; (ii) errors in the contents or products; (iii) viruses and/or other harmful elements on the Website or in the server that houses it; (iv) vulnerability of the Website or the security measures implemented therein; (v) the usefulness or performance of the contents and products on the Website; (vi) any damages or harm caused, to itself or to a third party, by any person who fails to comply with the terms, rules and instructions established by Edged on the Website or who may violate the security systems of that Website.

Nevertheless, Edged declares that it has adopted all necessary measures, within its capacities and the current state of technology, to guarantee the operation of the Website and to avoid the existence or transmission of viruses or other elements that may be harmful to Users.

6.2. In the case that third parties advertise their services or products on the Website, Edged shall not be liable for the following: the accuracy of the information provided by the supplier in relation to their services or products; the processing and delivery of orders to Users; the administrative permits that the supplier must obtain for the provision of its services; any infringement by the supplier of third party rights; and, in general, any obligation or guarantee that Users are entitled to from the supplier.

7. Links

7.1 Links to other Websites
Third parties manage all links Users may find to other Websites on our Website either via buttons, links, banners, etc. Edged has neither the capacity, nor the human or technical means to know, supervise or approve the information, contents, products or services provided by other Websites to which links may be established on our Website.

Accordingly, Edged cannot accept any liability for any aspect of any website link included on our Website. Specifically, and as an example only, the operations, access, data, information and files of any linked website; the quality and reliability of its products and services; the links found on it; and/or any of its contents.

Thus, if the Users have any knowledge of unlawful activities conducted via these third party websites, they shall inform Edged immediately, so that the link in question can be removed.

The presence of any link on the Website to any another Website does not imply that Edged and the person responsible for the external Website have any type of relationship, cooperation or dependence on each other.

7.2 Links to other Websites
The link may only be directed to the Home Page on the third party Website, unless expressly authorized in writing by Edged.

The link must be absolute and complete. This means that it must lead the User, with a single click, to the URL and complete home page of our website. Unless expressly authorized in writing by Edged, the Website that makes the link may under no circumstances reproduce our Website, include it as part of its Website or within any of its "frames", or create a "browser" on any of the pages of our Website.

The linking Website may not represent in any way that Edged has authorized the link, unless Edged has done so expressly and in writing. If the entity that establishes the link from its Website to our Website wishes to include on its Website the correct trademark, company name, trade name, label, logo, slogan or any other type of identifying element of Edged and/or our Website, it must have prior, express and written authorization to do so.

Edged does not authorize links to our Website from any Website that contains materials, information or content that are illicit, illegal, degrading, obscene and, in general, contrary to public morals and safety or generally accepted social standards.

Edged has neither the capacity nor the human or technical means to know, supervise or approve all the information, contents, products or services provided by other websites to which links may be present to our Website. Accordingly, Edged does not accept any liability for any aspect related to any website that may provide a link to our Website. This specifically includes, but is not limited to, the following related to those Websites: their operations, access, data, information and files; the quality and reliability of their products and services; the links present on those Websites; or any of its contents.

8. Terms and Modifications

8.1. Edged may modify any part or all of these terms and conditions, by publishing any change in the same manner as this Legal Notice, or by communicating them to the Users.

8.2. This Legal Notice will remain in effect for as long as it is published and until it is modified in part or in its entirety, at which time the modified Legal Notice will enter into force.

8.3. Independent of any and all of the provisions herein, Edged may terminate or suspend access to the Website contents at any time and without prior notice or compensation to the User. If terminated, the prohibitions established above regarding the use of the contents shall remain in force.

9. Miscellaneous Clauses

9.1. The titles of the clauses are for informational purposes only, and shall not affect, qualify or expand upon this Legal Notice.

9.2. Should any discrepancy arise between the provisions of this Legal Notice and any specific conditions established for any particular service, the provisions of the latter shall prevail.

9.3. In the event that any provision or provisions of this Legal Notice, in part or in their entirety, are declared invalid or unenforceable by any court or administrative body of competent jurisdiction, the other provisions of the Legal Notice shall remain separable and unaffected.

9.4. Edged has the right to exercise or not any provision contained within this Legal Notice, and such shall not be interpreted as a waiver of its rights, unless Edged acknowledges and accepts a waiver in writing.

10. Jurisdiction

The relationship established between Edged and the User shall be governed by the provisions of applicable laws in force in the competent jurisdiction. However, for any case in which the current regulations provide that the parties may choose a jurisdiction, Edged and the User, expressly waive their rights to any other jurisdiction and agree to submit their claims to the Courts and Tribunals of Madrid, Spain.

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