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I. LEGAL INFORMATION AS SOCIETY SERVICES PROVIDER
The Website is owned and operated by DREAM OF BEACH NIGHT, S.L., hereinafter AGATHA. Its information, for complying purposes with the obligations included in article 10, of Act 34/2002, July 11th , of Information Society Services and E-Commerce, are the following:
Corporate Name: DREAM OF BEACH NIGHT, S.L
Registered Office: Calle José Ortega y Gasset nº 5, 28006, Madrid, Spain
Registration Data in the Company Register of Madrid: Tomo 18703, folio 198, sección 8ª, hoja M325734.
Spanish Tax Identification Number: B-83614594
E-mail Address: email@example.com
Contact phone: +34913104093
II. GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF OUR SITE
The General Conditions stated herein regulate the use of the Internet Website " www.agatharuizdelaprada.com"(hereinafter referred to as “T&C”) that AGATHA places at the user’s disposal (The User). The Website belongs to AGATHA.
By accessing and/or using this Website a person is considered a User and accepts all the General Conditions currently in force published by AGATHA .
The above terms apply regardless of accepting the specific conditions which may be enforceable in each case. If the User disagrees and/or does not understand any of the conditions established herein, he/she should not this Website. Any unauthorized use of the website is prohibited, being AGATHA entitled to deny or take away the access and use of the Website, at any time and without prior notice, to those Users that fail to follow these general conditions or the specific conditions which may be enforceable.
AGATHA reserves the right to modify these conditions at any time and without prior notice. In these cases the User will be informed and the new conditions will be published as soon as possible. Likewise, AGATHA reserves the right to modify at any moment and without prior notice, the presentation (including the “look and feel”), configuration and location of the Website, as well as the Contents of the Web.
In his/her own interest, each time the User accesses the Website, he/she will be responsible for checking the published version of its Terms and Conditions (each version can be identified by the number stated in the heading of this text) and where necessary, read carefully the changes that may have been introduced with respect to the last version known by the User.
3. Information provided through the Site, access and use of the web through this Site.
AGATHA provides information on the company and its services. The Data contained in the Site are provided to the User with informative purposes only and in no case should these data be considered as a binding offer of AGATHA to provide any services.
The User will be entitled to buy the goods offered in the Web Page through the AGATHA´S store and he/she will be subject to the terms and conditions of the store and buying process.
The access and use of the Web is free for the User and it generally does not require the User’s registration. However, the access and use of specific information and goods offered through the Web will only be available upon registration.
AGATHA reserves the right to interrupt, suspend, cease and close the access and/or use, partially or totally to the Site and to all or specific users, without need of prior notice. Particularly, but without limitation, AGATHA may suspend temporarily the services and contents of the Site to make maintenance, improvement or repair works.
The User acknowledges and agrees with the above and therefore waives to claim against AGATHA for any loss or damage that he/she may suffer as a consequence.
The Users who wish to establish a hyperlink or link between their website and AGATHA´S Website (The “Link”) must previously obtain authorization from AGATHA, presenting a request to the following e-mail address:firstname.lastname@example.org.
The third party links must be done to the homepage of email@example.com AGATHA. The User will be responsible for any damages caused to AGATHA or third parties, which may occur as a consequence of the non-fulfillment of these obligations.
4. Restrictions on use of the Website
When the User accesses to our Website, he/she is authorized to access all the public contents of the site. Therefore, the User agrees not to use any information, whatever the nature and format and/or information regarding any of the services that the site may offer (the “Contents”) at all times, in the following way:
1. The User is not authorized to reproduce or copy, distribute, modify, cede or communicate to the public the contents of this website unless with express authorization of the owner of the corresponding rights or when legally permitted.
2. The User is not authorized to use the information included in the website for direct sale purposes or with any other commercial objective, to send unsolicited messages addressed to different people, regardless of its purposes, nor commercialize in any way with said information.
3. The User is not authorized to suppress, hide or manipulate the “copyright”, industrial or intellectual property rights and identification data of AGATHA or of its incorporated partners, as well as technical protection devices, fingerprints or any other protection mechanisms.
4. The User is not authorized to dismantle, disassemble or reverse the data bases where the contents of the website are stored.
5. The User is not authorized to carry out “spamming” acts in the use or as a consequence of the Site’s use or the use of the information and services with commercial purposes, addressed to a variety of people without previous consent nor any other unsolicited nor consented messages to a variety of people.
The user is not authorized to send unsolicited succession of e-mails without previous consent, or to use distribution lists that may be accessed through the website.
6. The User will not carry out activities that can be considered illegal, immoral or against public order. Within these not permitted activities, the following are including but not limited to:
(a) Sending offensive, abusive or threatening communications;
(b) Accessing illegally third party computer systems;
(c) Spreading computer viruses or software with the aim of causing damages in data or IT computer systems, breaching third party’s privacy or exceeding security and/or protection systems;
(d) Accessing and/or spreading child pornography;
(e) Supporting terrorism;
(f) Accessing and/or spreading racist or xenophobic contents.
7. The User will not use the Contents or services included in the website to carry out activities that may damage the image of AGATHA.
5. Intellectual and Industrial property rights: Ownership of the Contents
All content on the website (including, without exclusion, texts, pictures, graphics, images, icons, technology, computer programs, Websites, links, visual and talking contents, its source code and graphic design, as any brand, domain names and other distinctive signs, in general, any kind of work, creation or expression –or a combination -included in the Site or used to identify it partially or totally (hereinafter referred to as “Protected Elements”) belong to AGATHA who has assigned their intellectual and/or industrial property rights. AGATHA has exclusive rights of exploitation of said intellectual property, in any way, and specially the rights of reproduction, distribution, public Communication and transformation.
AGATHA does not cede, partially or totally, nor hands over the license or any authorization to the users regarding the intellectual and property rights or any other rights regarding the website. Likewise AGATHA guarantees that the contents, included intellectual property contents, are not illegal nor do they break the current regulations. Therefore, the contents on the website will not be xenophobic, pornographic, Discriminatory and racist nor will they in any way incite violence.
Furthermore, AGATHA will take legal action to prevent any kind of illegal or immoral conduct.
Through these Terms and Conditions AGATHA only authorizes the user to view, download and print the Protected Elements owned by AGATHA, solely for the user’s personal use, undertaking to avoid, direct and indirectly, any form of commercial exploitation nor using them for any other purpose that is not specifically included in these Terms and Conditions.
The use of Protected Elements owned by third parties (including, with no limitation, brands or distinctive signals of third parties) will be subject to the conditions established by said third parties and that the User should know.
Disregarding what is stated in this section, it will be considered as a violation of intellectual property rights owned by AGATHA, resulting in legally established responsibility for this purpose. This behavior can be prosecuted by taking the appropriate administrative, civil and criminal actions in each case.
6. Legality and Correctness of the Contents included in the Website
Even though AGATHA makes all possible efforts to ensure that the Contents of the Site are correct and updated, AGATHA does not guarantee nor is responsible for any inaccuracy and/or lack of correctness and/or lack of updates in the Contents.
The responsibility of AGATHA for the content and information offered by internet sites accessible through hyperlinks included in the Website and Contents belonging to and offered by third parties that are hosted in the Website, will be governed by articles 16 and 17 of the Information Society Services Act, Act 34/2002.
AGATHA is not responsible nor guarantees that the access to the Contents and the rest of the Site is legal from outside Spain. The access to the website from another country will be done following the applicable regulations in the territory from which the User accesses the Website.
7. Exclusion of Warranties and Liability
Regarding the exclusion of warranties and responsibilities, AGATHA will not be responsible for:
1. AGATHA will only be responsible for the own services and contents generated by the company and identified by its Copyright as a brand or
intellectual and industrial property of AGATHA.
2. AGATHA is not liable for:
I.-Damages of any kind that may be caused by products or services offered by third parties or entities through the website, and in particular:
a. Failing to comply with the law, morals, good habits, such as public order or the use of the products and/or services offered in an incorrect way, or with
illicit effects, contrary to what is established in these general conditions or in the general conditions applicable in each case.
b. Breach of intellectual or industrial property rights.
c. Breach of professional secrecy.
d. Breach of honor, family and personal privacy rights and people’s image as of the rights related to childhood and youth protection.
e. Actions related to unfair competition.
f. Illicit advertising or actions deemed to be offences or of pornographic nature.
g. Lack of veracity, accuracy, reliability , validity and thoroughness of
the contents and information on this website, whether its own, those
of third parties or of users.
h. Breach or incorrect fulfillment or termination of any contract carried out by third parties that offer their services through the website.
i. Incompetence of any user or the impersonation of a third party carried out by the User.
II. - AGATHA is not liable in the case where the information included
in the Site, by whatever user, offends others, insults them, damages their honor and personal privacy rights or harms them in any other way, as following these Terms and Conditions, the users of the Site are committed not to introduce information that may be considered illegal, immoral or against public order.
III. AGATHA is not liable for damages of any kind which may be caused by the knowledge that not authorized third parties may have of the kind, conditions, features and use and access information that users have on the website and of the information and services, as of the users’ failure to comply with the irresponsibilities regarding personal data.
IV. AGATHA is not liable for damages of any kind which may be caused by errors in the access and use of the webpage, errors in the access and use of its services and contents, despite the commitment to prevent, update them or correct said errors. Thus, the company is not liable for the non-availability or continuity of the website, as failure to access the different websites from where provides its services.
V.- AGATHA is not liable for damages of any kind which may be caused by information included in its website in the event that the web includes links or hyperlinks to other Internet sites, as AGATHA does not exercise any control over such sites and content. The “links” that may appear on the website have information purposes only, being AGATHA under no circumstance, liable in any way of the results that you might obtain by accessing said “links”. Therefore, AGATHA will not be responsible for:
•availability, accessibility, operation and continuity of the linked sites;
•quality, legality, reliability, veracity, usefulness, validity and/or authenticity of the contents included in the linked sites;
•maintenance, transfer of the contents included in the linked sites.
VI.- AGATHA is not liable for damages of any kind which may be caused by viruses in the computer system, electronic documents or users’ files. Is not liable either for the presence of viruses in the services offered by third parties through the website, damaging the computer system, electronic documents and users’ files.
VII.- AGATHA is not liable, under any circumstances, for negligence, loss of business, lack of use, loss of profit, loss of information due to indirect, secondary special or resulting damages that may be caused by the User’s access or -use of the Website.
VIII.-The User commits not to hold AGATHA liable for the breach of these Terms and Conditions, specially but not limited to, the Limitations of the Use of the Site.