The present general conditions (hereinafter, the “General Conditions”) regulate the use of the Website (hereinafter, The Site) which is the responsibility of ANTEVENIO, S.A. (hereinafter “The PROVIDER”).
The use of the Site creates the condition of user and the total agreement of the user with each and every of the general conditions and/or those specific conditions, in relation to the version published when the Site is accessed by the User. Subsequently, it is strongly recommended that the user reads the contents of this legal warning in detail, each time that they use The Site.
Through the use of the Site THE PROVIDER shall provide the User with Access to and use of the different services and contents available to THE PROVIDER or third party suppliers of services and contents (hereinafter, the “Services”).
THE PROVIDEER reserves the right to unilaterally modify, at whatsoever time and without prior notice, the presentation and configuration of the Site, and in addition reserves the right to modify or remove, at whatsoever time and without prior notice, the Services and conditions required to access and/or use The Site and the Services.
3.1. Free nature of access and use of The Site
THE PROVIDER provides the users with free access to The Site, however, on occasions this shall require Registration on The Site.
3.2. Obligation to use The Site and the Services
The User undertakes to use The Site and the Services in accordance with the law, that laid down in these General Conditions, norms of good practice, public order and generally accepted forms of use, and undertakes to not use The Site and the Services for unlawful ends or effects, contrary to the present General Conditions, harmful to the rights and interests and image of third parties, or that which may, in any manner, damage, render useless, overload or deteriorate The Site and the Services or impede the normal use or enjoyment of The Site and the Services by the Users.
3.3. Proper use of the Contents by the User
The Users must abstain from obtaining or trying to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, whatsoever type of material that may be accessed through The Site or the Services (hereinafter, the “Contents”), using to do so means or procedures that are different to those which, depending on the circumstances, have been made available for these effects or have been indicated for such effects in the websites on which the Contents are found or, in general, those which are normally used in the Internet for this purpose, provided they do not involve the risk of damage or render The Site, the Services and/or the Contents useless.
The Users undertake to use the Contents in a diligent, proper and lawful manner and, in particular, undertake to abstain from:
(a) Using the Contents in a manner that have objects or effects that are contrary to the law, good practice and generally accepted use or public order;
(b) Reproduce or copy, distribute, permit the access to the public by whatsoever type of public communication, transform or modify the Contents, unless authorised to do so by the titleholder of the corresponding rights or when it is permitted under the law;
(c) Eliminate, avoid or manipulate the intellectual or industrial property rights of THE PROVIDER, including any title to a brand name and any remaining identifying data or rights of THE PROVIDER or of whatsoever of which it is the titleholder that appear in the Contents, as well as the protection hardware, digital signature or whatsoever other mechanism for information which may contain the Contents;
(d) Use the Contents and, in particular, whatsoever information obtained via The Site or the Services to send publicity, communication with the objective of direct sales, unsolicited messages to a plurality of individuals irrespective of its objective, and to abstain from commercialising or divulging in any manner said information;
(e) and particularly, execute whatsoever act that is contrary to the norms that regulate data protection, the market, consumers and Intellectual Property.
Non-compliance by the Users of any of these obligations shall carry with it the opportune legal actions.
3.4. Use of the password: obligation to keep safe.
On registration, and in those areas in which The Site requires identification by means of the name of the user and password, the Users undertake to make proper use of and to keep secret the password and/or passwords assigned to access The Site and/or the Services, where applicable.
The Users shall be responsible for any expenses and damages occasioned by the use of the Services by whatsoever third party that uses the password/s and name/s of the user, due to the improper use or loss of the same by the Users.
3.5. Obligation to follow instructions
The Users undertake to follow any instructions given by THE PROVIDER or the personnel authorised by THE PROVIDER concerning the use of The Site and the Services diligently and faithfully.
To these effects, THE PROVIDER or the personnel authorised by THE PROVIDER shall address the Users by means of specific names that must have been identified by said “THE PROVIDER”.
The Users undertake to make the proper use of those Services which, by their nature, permit the Users to introduce Contents onto The Site and make them available to other Users, such as, among others, services for chat, forums, electronic mail, the sharing of interests and products, personal pages and so on, (hereinafter, and jointly, the “Open Forums”) that are in accordance with the law, the present General Conditions, moral and good practices and public order.
There is the express prohibition of unlawful, bad sounding, damaging, xenophobic, pornographic and discriminatory Contents that promote whatsoever type of violence or discrimination based on ideology, race, religion or gender.
The Users undertake not to transmit, disseminate or make available to third parties through the Open Forums contents which:
(a) in whatsoever manner contravenes, scorns or infringe upon the public rights and liberties laid down in the constitution and the remainder of the body of laws;
(b) induce, incite or promote criminal, smear campaigns, defamatory, violent actions or, in general, acts that are contrary to the law, moral and good practices generally accepted or public order;
(c) induce, incite or promote discriminatory actions, attitudes or ideas based on gender, race, religion, beliefs, age or condition;
(d) incorporate, make available or permit access to products, elements, messages and or unlawful, violent, pornographic, degrading Services or, in general, contrary to the law, moral and good practices generally accepted or public order;
(e) induce or may induce an unacceptable state of anxiety or fear;
(f) induce or incite the user to become involved in dangerous practices or that put health at risk or in danger and that of the mental welfare;
(g) are false, untrue, exaggerated or untimely, in a form that may lead to an error as to the object or intentions or purpose of the communicating party;
(h) are protected by whatsoever intellectual or industrial property right belonging to third parties, without the Users having previously obtained the necessary authorisation to execute said use carried out or to be carried out;
(i) violates the business secrets of third parties;
(j) go against the right to honour, personal and family or the image of individuals;
(k) infringes the norms concerning privacy of communications
(l) constitutes unlawful, deceitful or unfair advertising and, in general, constitutes unfair competition;
(m) incorporate a virus or other physical or electronic elements that may damage or impede the normal working of the network, system or hardware and software of third parties or that may damage the electronic documents and files stored in said hardware or software.
Notwithstanding the above, THE PROVIDER reserves the right to modify, at any time and without prior notice, of its own accord or following the request of a third party, the Contents transmitted, disseminated or made available to third parties by Users through Open Forums and to prevent their transmission, dissemination or availability to third parties should these be, in its opinion, contrary to that laid down in the present General Conditions. The Users expressly agree to allow this control by THE PROVIDER.
3.7.- Links and Hyperlinks
The Users and, in general, those people with the intention of establishing a hyperlink between their website and any of the pages of The Site or the Services (hereinafter, the “Hyperlink”) must comply with the following conditions:
1. the hyperlinks shall only allow access to the web pages of The Site and the Services, but cannot reproduce them under any circumstances;
2. to not establish deep-links or hyperlinks with the web pages of The Site or the Services;
3. to not give false, untrue or incorrect statements or indications regarding the web pages of The Site and the Services and, in particular, shall make no statement nor let it be understood that THE PROVIDER has authorised the hyperlink or has supervised or taken on in any manner the Contents or Services offered or made available on the web page upon which the hyperlink is established;
4. with the exception of those signals that are a part of the link, the web page in which the same is established shall contain no brand name, business name, sign of the establishment, name, logotype, slogan or other distinctive symbols belonging to THE PROVIDER;
5. the web page in which the link is established shall not contain information or have Contents that are illegal, contrary to generally accepted moral and good practices or public order, nor can they contain Contents that violate whatsoever third party rights or legislation that is in force;
6. The establishment of a link does not imply, in any manner whatsoever, that there is a relationship between THE PROVIDER and the owner of the web page on which it has been established, nor the acceptance or approval by THE PROVIDER of its Contents or Services offered therein and made available to the public.
3.8. Liability for damages
The Users shall be liable for any damages (present, probable or that may be taken into consideration) of whatsoever nature THE PROVIDER may suffer as a consequence of the non-compliance with any of the obligations to which the User becomes subject to under the General Conditions, and that laid down in the articles herein.
THE PROVIDER reserves the right to initiate those legal actions it has a right to.
Without prejudice to that established in the above paragraph, should THE PROVIDER have to pay an administrative fine or compensation of whatsoever kind as a result of an administrative decision or sentence or agreement due to lack of performance of any of the undertakings that Users assume under the General Conditions, the Users shall pay back THE PROVIDER the amount paid for the same within a period of thirty (30) days, to be counted as of the date of the proper written notification sent by THE PROVIDER.
Without prejudice to which notification is given that:
(1) In order to access and/or use some of the Services the Users are required to previously provide THE PROVIDER with certain personal information (hereinafter, the “Personal Information”), that THE PROVIDER shall deal with in an automated manner and shall incorporate into automated files, registered in the Personal Data Register with the objects that correspond to each case, although the information provided by the Users fundamentally facilitates THE PROVIDER has as their objective providing the service of The Site.
(2) The Users shall receive proper prior notification of these circumstances from THE PROVIDER, where applicable and in the manner required by law.
(3) Should the Users provide the personal information of third parties, they shall inform said third parties of the contents of the informationprovided, the existence of and the reason for the file in which their personal information is stored, of the possibility of exercising their rights, they shall also identify THE PROVIDER and must obtain the consent of said third party in order to communicate their information to THE PROVIDER.
The Users warrant and are responsible for, whatsoever the case, the truth, accuracy, validity and authenticity of the Personal Information provided and undertakes to keep them duly up-to-date.
5.1. Exclusion of guarantees and responsibility for the working of The Site and the Services
(a) Availability and continuity THE PROVIDER does not guarantee the availability and continuity of the working of The Site and the Services. Similarly, excludes whatsoever liability for damages of all kinds that may arise due to The Site and the Services not being available or working continuously.
(b) Use THE PROVIDER does not guarantee that it shall be possible to use The Site and the Services for any activity in particular.
(c) Reliability THE PROVIDER does not guarantee the reliability of The Site nor the Services, and in particular, although not exclusively, that the Users may effectively access other web pages that make up The Site or the various Services, nor that via these they may be able to transmit, disseminate, store or make the Contents available to third parties or receive, obtain or access the Contents.
(d) Quality THE PROVIDER does not have prior control over and does not guarantee the absence of a virus in the Contents, nor the absence of other elements in the Contents which may cause alterations in the software and hardware or in the electronic documents and files stored in its software and hardware.
(f) Exclusion of liability THE PROVIDER is excluded from any liability whatsoever for damages of any kind that may arise due to the transmission, dissemination, storage, making available, receipt of, obtaining or access to the Contents, and in particular, although not exclusively, for any damages that may arise as a result of (a) Non-compliance with the law, the generally accepted moral and good practices or public order as a consequence of the transmission, dissemination, storage, making available, receipt of, obtaining or access to the Contents; (b) the infringement of intellectual and industrial property rights, business secrets, of contractual undertakings of any kind whatsoever, of the rights of honour, to personal and family privacy and image of individuals, of property rights and those of whatsoever nature belonging to a third party as a consequence of the transmission, dissemination, storage, making available, receipt of, obtaining or access to the Contents; (c) the execution of acts of unfair competition and unlawful advertising as a consequence of the transmission, dissemination, storage, making available, receipt of, obtaining or access to the Contents; (d) the lack of truth, correctness, thoroughness, relevance and/or up-to-datedness of the Contents; (e) the inappropriateness of whatsoever kind of proposal of and deception of the expectations generated by the Contents; (f) the non-compliance with, delay in compliance, defective compliance or termination for whatsoever reason of the obligations taken on by third parties and contracts entered into with third parties via or due to access to the Contents; (g) the flaws and defects of all types of the Contents transmitted, disseminated, stored, made available, received, obtained or which have been accessed via The Site or the Services.
5.2. Exclusion of guarantees and liability for the Services provided by third parties to The Site
THE PROVIDER is excluded from any liability whatsoever for damages of any kind that may arise as a result of the Services provided by third parties through The Site, and in particular, although not exclusively, for any damages that may arise as a result of (a) Non-compliance with the law, the generally accepted moral and good practices or public order as a consequence of the Services provided by third parties through The Site; (b) the infringement of intellectual and industrial property rights, business secrets, of contractual undertakings of any kind whatsoever, of the rights of honour, to personal and family privacy and image of individuals, of property rights and those of whatsoever nature belonging to a third party as a consequence of the provision of Services by third parties through The Site; (c) the execution of acts of unfair competition and unlawful advertising as a consequence of the provision of Services by third parties through The Site; (d) l the lack of truth, truth, correctness, thoroughness, relevance and/or up-to-datedness of the Contents transmitted, disseminated, stored, received, obtained, made available or accessible through the provision of Services by third parties through The Site; (e) the inappropriateness of whatsoever kind of proposal of and deception of the expectations generated via the provision of Services by third parties through The Site; (f) the non-compliance with, delay in compliance, defective compliance or termination for whatsoever reason of the obligations taken on by third parties and contracts entered into with third parties via or due to the provision of Services by third parties through The Site; (g) the flaws and defects of all types of Services provided by third parties through The Site.
5.3. Exclusion of guarantees and liability for the Services and Contents located outside The Site
The Site makes technical link mechanisms (such as, among others, links, banners, buttons), directories and search tools available to the Users that allow the latter to access websites that belong to third parties (hereinafter, “Linked Sites”). The installation of these links, directories and search tools in The Site have the sole object of facilitating the Users with the search for and Access to information available on the Internet and does not mean that there is any other type of link or association between THE PROVIDER and the operators of the Linked Sites.
THE PROVIDER has no prior control of the Services, neither approves nor makes them or information, data, files, products and whatsoever kind of material that there may be on the Linked Sites. The Users, as such, must employ extreme precaution when evaluating and using the Services, information, data, files, products and whatsoever kind of material that there may be on the Linked Sites.
THE PROVIDER fully excludes its liability for any damages whatsoever that arises or may arise from the (a) working, availability, accessibility of the linked; (b) the maintenance of the information, Services, data, files or whatsoever material may be on the websites, (c) the supply and transmission of the linked Services under the same terms and with the same link contained in conditions 5.2 and 5.3.
5.4. Exclusion of guarantees and liability for the use of The Site, the Services and the Contents by the Users
THE PROVIDER does not control the Access nor the use the Users make of The Site, of the Services and of the Contents. In particular,
THE PROVIDER does not guarantee that the Users use The Site, the Services and the Contents in accordance with the law, these General Conditions and, where applicable, the Specific Terms that are applicable, the generally accepted moral and good practices and public order, nor that they do so diligently and with care.
5.5. Identity and information concerning the Users provided by users themselves
THE PROVIDER does not control nor offers any guarantee whatsoever as to the identity of the Users, nor as to the truthfulness, validity, thoroughness and/or authenticity of the data that the Users provide about themselves or make available to or make accessible for other Users.
THE PROVIDER EXCLUDES WHATSOEVER LIABILITY FOR DAMAGES OF ANY KIND WHICH MAY ARISE DUE TO THE INCORRECT IDENTITY OF THE USERS AND THE LACK OF TRUTH, VALIDITY, THOROUGHNESS AND/OR THE AUTHENTICITY OF THE INFORMATION THAT THE USERS PROVIDE ABOUT THEMSELVES AND PROVIDE OR MAKE ACCESSIBLE TO OTHER USERS, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGES OF ANY KIND WHATSOEVER WHICH MAY ARISE DUE TO THE IDENTITY THEFT OF A THIRD PARTY BY A USER BY ANY MEANS OF COMMUNICATION OR TRANSACTION EXECUTED THROUGH THE SITE.
THE PROVIDER auhorises the User to use the intellectual and industrial property and business secrets concerning the Software installed in his/her computer equipment solely to use The Site and the Services in accordance with that established in these General Conditions. THE PROVIDER does not grant any other type of licence or authorisation over their industrial and intellectual property rights, business secrets or over any other type of property or right regarding the Site, the Services or the Contents.
THE PROVIDER reserves the right to refuse or take away access to The Site and/or the Services, at whatsoever time and without prior notice, of its own accord or following the request of a third party, the Users that doe not comply with these General Conditions or the Specific Terms that are applicable.
Should any user or third party consider that whatsoever of the Contents introduced onto The Site infringes their intellectual property rights they must send notification to THE PROVIDER that contains the following: (a) personal information: name, address, telephone number and electronic address of the claimant; (b) authentic signature or equivalent, with the personal data of the titleholder of the supposedly infringed upon intellectual property rights or that of the persons authorised to act on behalf of the titleholder of the supposedly infringed upon intellectual property rights; (c) precise outline of the Contents protected through the intellectual property rights supposedly infringed upon, as well as its localisation in The Site; (d) express and clear statement that the Contents indicated shall be introduced without the consent of the titleholder of the intellectual and industrial property rights supposedly infringed; (e) an express and clear statement under the responsibility of the claimant that the information provided in the notification is correct and that the introduction of the Contents constitutes an infringement of their intellectual property rights.
These notifications must be sent to ANTEVENIO, S.A. telephone 914149191, fax 91 7021799, address C/ Marqués de Riscal, No. 11, planta 4ª puerta 2, 28010 MADRID.
The provision of the services of The Site and the Services are indefinite in nature. THE PROVIDER, not withstanding, has the power to consider the provision of The Site and/or whatsoever of the services terminated, suspended or unilaterally interrupted, at any time and without the need to provide prior notice, without prejudice to that which may have been laid down regarding the same in the corresponding Specific Terms.
The present General Conditions are regulated by Spanish law.
THE PROVIDER and the Users, expressly waive their right to any other jurisdiction and submit themselves to the Courts and Tribunals in the registered offices of the THE PROVIDER for whatsoever dispute that may arise from the provision of the Services that are the object of these General Conditions. Should the Users have their registered offices outside Spain, similarly, THE PROVIDER and the Users submit themselves, expressly waiving their right to another jurisdiction, to the courts and tribunals of Madrid (Spain)