ON THE CONDITIONS OF USE OF THE PLATFORM: ITS ACCEPTANCE, MODIFICATIONS AND VALIDITY
This Legal Notice refers to the website “https://nordestcycles.com/” (hereinafter, the Portal), which is owned by Jerónimo Cycles S.L. (hereinafter, the Promoter), with Identification Document B76540327, and domiciled for the purposes of the present in C/ Hermosilla, 48 1ºDcha 28001 Madrid, Spain and which makes available to users of Portal (hereinafter,”the user”), being firstname.lastname@example.org the email.
The navigation and use of the Portal attributes the condition of user of the same and implies the full acceptance, and without reservation, of each and every one of the provisions included in this Legal Notice, and in the version published by the Promoter at the time the user accesses the Portal. Consequently, we recommend the user to read this Legal Notice carefully every time he or she accesses the Portal, as it may be modified.
The use and/or access to all or part of the services or contents provided for users through the Portal may also be subject to particular conditions of their own (hereinafter, the “Particular Conditions”) that, depending on the case, may replace, supplement and/or modify this Legal Notice. Therefore, and in accordance with the aforementioned, before using or accessing such services or contents, the user is also warned that, in the same way, he or she will have to carefully read these Particular Conditions.
The declaration of any of these general or specific conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall remain binding between the parties. Likewise, the waiver by either party of any right to demand, at any given time, the fulfillment of any of the general or specific conditions stipulated, shall not imply a general waiver of the fulfilment of any other condition or conditions imposed, nor shall it create an acquired right for the other party.
The promoter informs that this Legal Notice will be translated into several languages in the development of the Promoter’s activity and its corporate policy of quality, services and customer service. In the event of any dispute regarding the interpretation or application of the conditions that make up this Legal Notice, the parties agree that the Spanish language version shall prevail over any other language version for all legal purposes.
Through the Portal, the Promoter provides users with information, requests, access and/or use of the services or contents (hereinafter referred to as “Services”), developed or made available by the same in the terms and conditions provided for each case. In this way, the Promoter allows any
interested party, who can be permanently and quickly informed, interact, participate and access to the services and initiatives it legitimately provides, in accordance with the terms and conditions legally established in each case and within the framework of its own competencies.
3. CONDITIONS OF ACCESS AND USE OF THE PORTAL
3.1. Free access and use of the Portal
The access and/or use of the Portal by users is free of charge, which is understood without prejudice to the remunerated or priced nature of part of the services or actions requested, under the terms established by law.
3.2. Navigation, logging and data forms
In general, access to or browsing through the Portal does not require prior subscription or registration of users. However, the Promoter may condition the provision of its services or access to certain content or information offered through the same, upon completion of the corresponding form or data collection bulletin and subsequent verification of the data and concurrence of the requirements necessary to proceed to such access.
The Promoter reserves the right to unilaterally modify, at any time, the system or the data forms provided for in the Portal for legal, technical, corporate or self-regulatory purposes.
3.3. Truthfulness, accuracy and timeliness of the information provided by the user.
The data entered by users in the corresponding form must at all times be accurate, current and truthful, and will be processed by the Promoter in accordance with applicable personal data protection legislation.
To this end, the user guarantees the authenticity of all data communicated as a result of the completion of the forms necessary for access or processing of services or actions required. Likewise, it will be the sole responsibility of the user to keep all the information provided to the Promoter permanently updated so that it responds, at all times, to its real situation and, with it, to the essential principles regarding data protection, particularly the principle of data quality or relevance. Therefore, the user shall be solely responsible for any false or inaccurate statements made by the user and for any damage caused to the Promoter or third parties by the information provided.
3.4. Age allowed
The services of the Portal are only intended for adults, that is, over 18 years of age and do not refer to minors.
3.5. Obligation to make correct and responsible use of the Portal and Services
The user undertakes to use the Portal and the services provided therein in accordance with the law, this legal notice, the particular conditions of the services established and other notices, regulations of use, and instructions made known, as well as with morality and good manners, generally accepted, and public order. In the event of breach by the user of such commitment, the Promoter reserves the right to exclude, prohibit or deny him/her access to the Portal.
To this end, the user will refrain from using any of the services for illegal purposes or effects, prohibited in this legal notice or in the applicable regulations, prejudicial to the rights and interests of the Promoter or third parties. Nor may it damage, render useless, overload, deteriorate or impede the normal use of the services, computer equipment or documents, files and all kinds of content stored in any computer equipment (hacking) of the Promoter, other users of the Portal or, in general, any Internet user (hardware and software).
In particular, and merely as an indication and not exhaustive, the user undertakes not to transmit, disseminate or make available to third parties any information, data, contents, messages, graphics, recordings, software and, in general, any kind of material that:
- (a) in any way contrary to, derogates from or violates the fundamental rights and public freedoms recognised in the constitutionally recognised international treaties and other applicable legislation, in particular with regard to minors, the elderly, the disabled or any other person at risk and in a situation of social exclusion;
- (b) induces, incites or promotes unlawful, criminal, demeaning, defamatory, inflammatory, violent or, in general, contrary to the law, morality and generally accepted good manners or public order;
- (c) induces, incites or promotes actions, attitudes or thoughts that are discriminatory on the basis of sex, race, religion, belief, age or condition;
- (d) incorporates, makes available or permits access to illegal, criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good manners or public order;
- (e) induces or is likely to induce an unacceptable state of anxiety or fear;
- (f) induces or encourages involvement in practices that are dangerous, risky or harmful to the health and physical or mental equilibrium of persons;
- (g) is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a manner that induces or is likely to induce error in its object or in the intention or purposes of the communicator;
- (h) it is protected by any intellectual or industrial property right belonging to third parties, without the user having previously
obtained from its owners the necessary authorization to carry out the
use it makes or intends to make;
- (i) violates the secrets of third parties;
- (j) is contrary to the right to honour, personal and family intimacy orthe self-image of persons;
- (k) in any way prejudices the credit of the Promoter or third parties;
- (l) infringes the regulations on secrecy of communications;
- (m) constitutes unlawful, misleading or unfair advertising and, ingeneral, constitutes unfair competition;
- (n) incorporates viruses or other physical or electronic elementswhich may damage or impede the normal functioning of the network, system or computer equipment (hardware and software) of the Promoter or third parties or which may damage the electronic documents and files stored on such computer equipment;
- (o) causes difficulties in the normal operation of the Services or access to the Portal or its contents due to their characteristics (such as format, extension, etc.);
- (p) contains HTML tags other than those expressly authorized by the Promoter.3.6. Obligation to make proper use of the Content
The user undertakes to use the contents made available to them on the Portal, these being understood, without this enumeration being limited, the texts, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the “Content”), in accordance with the law, this Legal Notice, the Particular Conditions of the Services and other notices, regulations for use.
- (a) reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless authorized by the holder of the corresponding rights or it is legally permitted;
- (b) delete, manipulate or in any way alter the copyright and other identifying data of the Promoter’s or its owners’ reservation of rights, fingerprints or any other technical means established for their recognition;
- (c) to exercise or abuse the exercise of the exploitation rights associated with such content, unless expressly authorised for this purpose by its legitimate owner, and, where appropriate, to do so under the conditions expressly agreed in this respect.3.7. Use of the Services offered on the Portal in accordance with the Promoter’s Anti-Spamming Policy
The user undertakes to refrain from:
- (I) to collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes, without prior request or consent of the interested party;
- (II) forward any other unsolicited or previously consented messages to a plurality of persons;
- (III) sending chains of unsolicited or previously consented electronic messages;
- (IV) use distribution lists accessible through the Services for the performance of the activities referred to in paragraphs (I) to (III) above;
- (V) make available to third parties, for any purpose, data collected from distribution lists.Users or third parties harmed by the reception of unsolicited messages addressed to a plurality of people may inform the Promoter by sending an e- mail to email@example.com so that while the Promoter assumes no responsibility for this purpose, may report such a situation to the competent authorities, through the channels and procedures provided by law.
3.8. Introduction of hyperlinks that allow access to the Portal’s web pages and Services
The Users and, in general, those people who intend to establish a hyperlink between their website and the Portal (hereinafter, the “Hyperlink”) must meet the following conditions:
- (a) The Hyperlink will only allow access to the home-page or homepage of the Portal, but may not reproduce them in any way;
- (b) no frame will be created on the Portal’s web pages;
- (c) no false, inaccurate or incorrect statements or indications shall bemade about the Promoter, its governing bodies, its employees, the
Portal’s web pages and the contents or services provided;
- (d) it shall not be declared or implied that the Promoter hasauthorized the Hyperlink or that he has supervised or assumed in any way the services offered or made available on the website on which the Hyperlink is established;
- (e) except for those signs forming part of the Hyperlink itself, the website on which the Hyperlink is established shall not contain any trademark, name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to the Promoter; and
- (f) the website on which the Hyperlink is established shall not contain information or content that is unlawful, contrary to morality and generally accepted good manners and public order, nor shall it contain content that violates any rights of the Promoter or third parties.The establishment of the Hyperlink does not imply, in any case, the existence of relations between the Promoter and the owner of the website
on which it is established, nor the acceptance and approval by the Promoter of its contents or services.
In any case, the Promoter may, at any time, urge people who have established a hyperlink between its website and the Portal, to remove it, subject to any legal action and / or judicial may correspond.
4. NO LICENSE
All brands, names, distinctive signs, content architecture (design, navigation, arrangement and taxonomy of the Portal and its contents, etc.) and the contents or software of any kind that are incorporated in the Portal are the property of the Promoter or third parties, without it being understood that the use of or access to the Portal and/or the contents or services, attributes to the user any right over the aforementioned brands, names and/or distinctive signs, as well as any other elements arranged through the Portal.
Likewise, the contents and other services are under the intellectual or industrial property of the Promoter or third parties, without it being understood that they can be transferred to the user, by virtue of what is established in this Legal Notice, none of the exploitation rights that exist or may exist over them, beyond what is strictly necessary for the correct use of or access to the Portal, or to the services that, through the same, are or could be provided.
5. DISCLAIMER OF WARRANTIES AND LIABILITY
5.1. Exclusion of guarantees and liability for the operation of the Portal and Services
5.1.1. Availability and continuity, usefulness and fallibility
The Promoter does not guarantee the availability and continuity of the functioning of the Portal and the Services. Whenever this is reasonably possible, the Promoter shall give prior notice of any interruptions in the operation of the Portal, access to its contents, or the provision of the Services.
Neither does the Promoter guarantee the usefulness of the Portal and the Services for the performance of any specific activity, nor its infallibility and, in particular, although not exclusively, that users can effectively use the Portal and the Services, access the different web pages that make up the Portal or those from which the Services are provided.
The Promoter excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity
of the operation of the portal and services, or the defrauding of the utility that users may have attributed to the Portal and Services, the fallibility of the Portal and the Services, and in particular, but not exclusively, to failures in accessing the different web pages of the Portal or those from which the Services are provided.
5.1.2. Privacy and security in the use of the Portal and Services
The Promoter does not absolutely guarantee the privacy and security of the use of the Portal and the Services and, in particular, does not guarantee that unauthorised third parties cannot have knowledge of the type, conditions, characteristics and circumstances of the use that the Users make of the Portal and the Services. However, it undertakes to strictly observe its legal obligations in this area, in order to limit and/or minimise, as far as possible, such risks.
The Promoter, excludes to the fullest extent permitted by law, any liability for damages of any kind that may be due to the knowledge that unauthorized third parties of the kind, conditions, characteristics and circumstances of the use that users make of the Portal and Services.
5.2. Exclusion of guarantees and liability for the Contents
5.2.1. Quality Quality
The Promoter does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations to your computer system (software and hardware) or electronic documents and files stored in your computer system.
The Promoter excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in the content that may cause alterations to the computer system, electronic documents or files of users.
5.2.2. Legality, reliability and usefulness
The Promoter does not guarantee the legality, reliability and usefulness of the contents, and therefore excludes, to the fullest extent permitted by law, any liability for damages of any kind that may be due to the transmission, dissemination, storage, availability, reception, obtaining or access to the content, and in particular, but not exclusively, for damages and losses that may be due to:
- (a) breach of the law, morality and generally accepted good manners or public order as a result of the transmission, dissemination, storage, making available, reception, obtaining or access to the contents;
- (b) infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honour,
personal and family privacy and the image of persons, property rights and any other nature belonging to a third party as a result of the transmission, dissemination, storage, making available, receipt, obtaining or access to the contents;
- (c) the performance of acts of unfair competition and unlawful advertising as a result of the transmission, dissemination, storage, making available, receipt, obtaining or access to the contents;
- (d) the lack of veracity, accuracy, completeness, relevance and/or timeliness of the contents;
- (e) inadequacy for any purpose and defrauding the expectations generated by the content;
- (f) failure to comply with, delay in performance, defective performance or termination for any reason whatsoever of the obligations assumed by third parties and contracts entered into with third parties through or in connection with access to the content;
- (g) faults and defects of any kind in the content transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the Portal or the services.5.2.3. Truthfulness, accuracy, completeness and actuality
The Promoter does not guarantee the veracity, accuracy, completeness and timeliness of the contents, although it will establish the necessary precautions to control these aspects. The Promoter excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and / or actuality of the content.
5.3. Exclusion of guarantees and liability for information, content and services hosted outside the Portal
The Portal may make available to users technical link devices (such as links, banners, buttons), directories and search tools that allow Users to access websites belonging to and/or managed by third parties (hereinafter,”Linked Sites”). The installation of these links, directories and search tools on the Portal has the sole purpose of facilitating users’ search and access to the information, contents and services available on the Internet.
The results of search tools are provided directly by third parties and are the result of the automatic operation of technical mechanisms, so the Promoter cannot control and does not control these results and, in particular, that among them appear Internet sites whose contents may be illegal, contrary to morality or good manners or considered inappropriate for other reasons. In the event that a user considers that any of the sites included in the search results contain illegal activity or information and is interested in requesting the removal of the link may initiate the contact procedure provided for in this legal notice.
The Promoter does not offer or market, by itself or through third parties, the information, contents and services available on the Linked Sites, nor does it previously control, approve, recommend, monitor or make them its own. The user, therefore, must exercise extreme caution in the assessment and use of the information, content and services available on the Linked Sites. The Promoter does not guarantee or assume any liability for damages of any kind that may be caused by:
- (a) the operation, availability, accessibility or continuity of the linked sites;
- (b) the maintenance of the information, contents and services existing on the linked sites;
- (c) the provision or transmission of information, content and services existing on the linked sites;
- (d) the quality, legality, reliability and usefulness of the information, contents and services contained in the linked sites, in the same terms and with the same scope as provided in general condition 5.2.3 with respect to the contents and services provided by third parties through the Portal.5.4. Exclusion of guarantees and liability for the use of the Portal, Services and Content by Users
The Promoter has no obligation to monitor and does not control the use that users make of the Portal, Services and Content (although it establishes strict conditions and instructions for use in this area). In particular, the Promoter does not guarantee that users will use the Portal, the Services and the Contents in accordance with this Legal Notice and, if applicable, with the Particular Conditions, nor that they will do so in a diligent and prudent manner. The Promoter also has no obligation in each case to verify and does not verify the identity of the users, nor the veracity, validity, completeness and / or authenticity of the data that users provide about themselves or others.
The Promoter excludes any liability for damages of any kind that may be due to the use of services and content by users or that may be due to the lack of truthfulness, validity, completeness and / or authenticity of the information that users provide other users about themselves and, in particular, but not exclusively, for damages of any kind that may be due to the impersonation of the personality made by an user in any kind of communication carried out through the Portal.
In the event that any user or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content, in the provision of services and/or the performance of any activity through the web pages included or accessible through the Portal, and, in particular, the infringement of intellectual or industrial property rights (patents, industrial models and designs, trademarks and trade names, etc.) or other legitimate
rights and property, you may send a notice to the Promoter by any lawful way containing at least the following:
- (a) the complainant’s personal data: name, address, telephone number and e-mail address;
- (b) specification of the alleged illegal activity carried out on the Portal and, in particular, in the case of an alleged violation of constitutionally protectable rights or property, precise and concrete indication of the protected contents as well as their location on the web pages;
- (c) facts or circumstances that reveal the illicit nature of such activity;
- (d) in the event of infringement of rights, a handwritten or equivalentsignature with the personal data of the owner of the allegedly infringed rights or of the person authorised to act in its name and on its behalf;
- (e) an express statement, clearly and under the responsibility of the claimant, that the information provided in the notification is accurate and that the contents or activities described above are unlawful;
- (f) signature, date and address for the purpose of service.7. NOTIFICATIONS
All notices and communications (hereinafter, the “Notifications”) by you to the Promoter shall be deemed effective for all purposes when addressed to this entity in any of the following ways:
- Send e-mail to firstname.lastname@example.org
- Sending through the channels arranged or informed by the Promoterthrough its website according to each case.
All notifications by the Promoter to the user shall be deemed effective for all purposes when they are made in any of the following ways:
- (a) Mailing to the user’s home address, when previously notified to the Promoter;
- (b) Sending by e-mail to any of the mailboxes that the user has communicated within the framework of the provision of a service or development of an action by the Promoter or, failing that, that indicated by the user for this purpose;
- (c) Communication by means of a telephone call, telematic contact to the telephone/fax number of the user, or by means of sms when such data have been previously communicated to the Promoter for the purposes that, in each case, correspond.In this sense, all the Notifications made by the Promoter to the user will be considered validly effected if they have been made using the data and through the means previously indicated for the mere effects described in this Legal Notice. To this end, the user declares that all the data provided by him are true and correct, and undertakes to inform the Promoter of all changes relating to the notification data.
8. WITHDRAWAL AND SUSPENSION OF CONTENT OR SERVICES
Likewise, Promoter reserves the right to block and remove from the Portal, at any time, without the need for prior information to the user, the publication of data, elements, assessments, comments, opinions and, in general, any content that is or may be contrary to the applicable law, rules and policies and conditions.
In any case, the Promoter reserves the right to take any legal or judicial action that might be appropriate against such actions.
9. DURATION AND TERMINATION
The provision of the services or access to the content provided through the Portal has, in principle, an indefinite duration. The Promoter, however, is authorized to terminate or suspend the provision of services or the development of actions through the Portal at any time, while respecting the applicable regulations in these cases. Whenever reasonably possible, the Promoter shall give prior notice of the termination or suspension of the provision of the Portal service, or of the other Services or content provided through it.
10. LEGISLATION, APPLICABLE JURISDICTION
This Legal Notice is governed, in each and every one of its aspects, by the applicable Spanish law, being applicable, in case of conflict or divergence in the interpretation and/or execution thereof, or any other of the particular conditions set forth in the Portal, renouncing any other jurisdiction that may correspond to the parties, the competent Courts and Tribunals of Madrid, Spain.
However, the owners of the Portal, users and third parties who access or use it, undertake, prior to the judicial process, to seek an amicable and extrajudicial solution for the resolution of disputes that may have arisen, and may even resort to third parties that mediate for the resolution of the conflict.