1. IDENTIFICATION OF THE PARTIES
LA QUINTA ADMINISTRACIÓN, S.L.U, with Company Tax Code B-29547213, registered in the Companies Register of Malaga, under volume 1.191, Book 104 of the General Section of Companies, page 135, sheet number MA-4.606, 1ª registration, and address in Avda. Tomás Pascual 6, Oficina 6, Benahavis, Málaga, telephone number 952 762 400, and email address firstname.lastname@example.org.
KAMPINAS, S.L.U, with Company Tax Code B-29132636, registered in the Companies Register of Madrid, under Volume 4.812, Book 0, of the 8ª section, page 50, sheet number M-7897, 5ª registration, and address in Avda. de Manoteras nº24, 28050, Madrid, (Spain), telephone number 952 762 400, and e-mail address email@example.com.
2. SUBJECT MATTER AND SCOPE
In this sense, a “User” shall be the person who accesses, browses, uses, requests information, logs in, takes part in contests, promotions and in any other type of activity developed on the Web Site.
3.1. The access to Contents and the use of Services provided by the Website are free of charges; however, some Services and Contents offered by the Entity to third parties through this Website may be subject to prior contracting and payment, something which will be specified in its case, in the corresponding Particular Terms of Contracting.
3.2. The access to the Website by minors under the age of 14 is forbidden. In case of a minor of said age accesses to the Website, the parents, tutors or legal representatives in charge of said minors shall be deemed liable for those actions performed by them, pursuant the current legislation.
3.3. The access and browsing on this Website does not require registration, however in some cases, in order to access to a particular functionality, a prior registration may be needed on this Website through the selection of a username and password on the part of the User.
The password, which is personal and non-transferable, shall be generated by the User in accordance with the strict and complex rules established at each moment by the entity.
If the user chooses a password which does not comply with the minimum requirements pursuant the Password Policies in force and approved by the Entity, the user will be warned about the non-compliance and the requirements needed for the password to be valid for the registration of the interested person in the Register of Users of the Entity.
3.4. This password shall be personal and non- transferable. The user agrees to appropriately use the password and to keep it in secret, without transferring to any third party neither to the Entity. As a consequence, the users shall hold responsibilities for the custody and confidentiality of any of the user names and passwords which have previously selected as Users registered in the Entity, and they commit not to transfer its use to third parties, both for an indefinite period of time or temporarily, and neither to permit the access to outsiders. The User shall be liable for the unlawful use of the Website by any illegitimate third party, which may use the password for such purpose due to the negligent use or loss of the responsible User.
By virtue of the above-mentioned, the User is obliged to immediately notify to the Website managers any matters which allow the misuse of the user names and passwords, such as robbery, loss or unauthorised access, with the purpose of immediately proceed to its cancellation.
4. RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY
This Web site is governed by the Spanish Legislation and by the national and international law concerning intellectual and industrial property.
All the contents offered on the Website, including the website itself, audiovisual works, texts, synopsis, photographs or artworks, logos, marks, graphs, designs, interfaces etc, belong to the Entity and they have been licensed to said Entity by third parties which hold the rights over that content, moreover, they are additionally protected by the intellectual and industrial property rights.
The commercial use of the contents is not allowed, neither to copy, store or download, spread, release, send, transform, use any reverse engineering technique, disassemble the contents or any part of them, or to carry out any media or proceedings different from those available on the Website in order to use the contents from different purposes from those authorised by the Entity.
Its is additionally forbidden to delete o manipulate the copyright indications or other credits which identify the holder of the rights of the contents published on the Website, neither the technical protective devices, fingerprints or any other protection and information mechanism incorporated to the available contents on the Website.
5. WEBSITE USE
5.3. Particularly, the user agrees, including but not limited, to avoid the data capture for advertising purposes, to send online advertisement and to not transmit, release or make available for third parties through the Services provided by the Website, information, messages, graphics, audio, images files, photographs, recordings, software and in general an type of materials, data or content, which without not limited to:
(a) may incur in any illegal and illicit activity or any activity which may be contrary to good faith principles and to the public order;
(b) in any other way, contravene, denigrate or threaten fundamental rights and constitutionally recognized public freedom, contemplated in international treaties and in the rest of the legal systems;
(c) may induce, incite or promote criminal, degrading, defamatory, libellous or violent actions;
(d) may induce, incite or promote actions, attitudes and ideas which discriminate on the grounds of gender, race, religion, beliefs, age or status;
(e) may include criminal, violent and degrading messages;
(f) may induce or incite involvement in practices that may endanger, put at risk, or harm one's health or mental stability;
(g) )may be false, ambiguous, imprecise, exaggerated or invented and might lead others into error concerning the object, intentions or purposes of the interlocutor;
(h) which may be protected by any other right of the intellectual or industrial property which belongs to third parties, and the Users had not previously obtained from their holder the necessary authorisation to carry out that intended use;
(i) may violate business secrets of third parties;
(j) may be contrary to the right to honour, to personal and familiar intimacy or to the very image of persons;
(k) may infringe regulations on privacy of communications;
(l) may provoke due to their nature(such as format, extension, etc..) some difficulties in the ordinary use of Services.
6. LICENCE RELATED TO COMMUNICATIONS
6.1. In case that the User send any type of information to the Entity through the Website, by using the channels available for that purposes on the Website, the User declares, guarantees and accepts that holds the right to freely do so and that such information does not infringe any right of intellectual property, marks, patient, commercial secret or any other third parties rights, that said information is confidential and does this not produce damages to third parties.
6.2. The user acknowledges to assume the responsibility and shall release the Entity from any responsibility concerning any type of communication which personally or on behalf of it provide, and such responsibility shall no have any limits concerning accuracy, legality, originality and ownership of the same.
7. RESPONSABILILITIES AND WARRANTIES
The Entity cannot guarantee the lawfulness, utility and reliability of the services or the information provided on the Website.
As a consequence, the Entity does not guarantee and holds responsibilities for: (i) the maintenance of the contents on the Website; (ii) the absence of errors on said contents or products (iii) the absence of virus and/or other components which may be harmful for the Website or for the Server supplying the same; (iv) the invulnerability of the Website and /or the inexpugnability of the security measures adopted; (v) the lack of utility and efficiency of the Website contents and products; (vi) the damages which may be caused, to itself or to third party, by any person who my infringe the conditions, rules and instructions that the Entity has established on the Website or through the vulnerability of the Website Security Systems.
However, the Entity declares that has previously adopted the corresponding measures, within its possibilities and taking into consideration the status of the technology equipment, to guarantee the functioning of the website and to avoid the existence and transmission of viruses along with other harmful components to the users.
If the user has knowledge of any type of content which may be illicit, illegal or contrary to the legislation or may infringe any rights concerning the industrial and intellectual property, this fact shall be immediately notify to the Entity, so that it shall proceed to the adoption of the appropriate measures.
8.1 Links to other websites
If the User finds links on the Website to other Webs through the use of different bottoms, links, banners, etc, these links shall be managed by third parties. The Entity does not have faculties or human, technical resources to know, control or approve the information, contents, products or services provided by other Web pages to which they can establish links from the Website.
As a consequence, the Entity can not assume any type of responsibility for any matters related to the Web page to which a link from this Website may be established, particularly, including but not limited, the functioning, access, data, information, files, quality and reliability of the products and services, its own links or any other type of content in general.
In this sense, if the Users have any reliable knowledge concerning illicit activities which are carried out through these web pages from third parties, they shall immediately notify to the Entity for the purpose of proceeding to disable the access link to such website.
The establishment of any type of links from the Website to other Website does not implies that there are any type of relation, cooperation or dependency between the Entity and the responsible person of the external Website.
8.2 Links on other web pages leading to the Web Site
If any User, entity or Website wishes to establish any type of link leading to the Website, this shall be subject to the following stipulations:
The link shall exclusively lead to the Main Page and the Home page of the Web Site, unless there is an expressed and written authorisation of the entity.
The link shall be absolute and complete, that is mean that shall lead the user, through one click to the URL address of the Website and must completely include the complete content from the main Page Screen. Under no circumstances, excepting if the Entity confers an expressed and in written authorisation, the Website which executes the link is entitled to reproduce, in any manner, the Website, or include it as part of the Website or within one of its “frames” or create “browser” on any of the pages of the Website.
On the page where the link is established, the fact that the Entity has authorised such link shall be stated under no circumstances, unless the Entity has previously expressed that intention in written. If the Entity which executes the link from its website to the Website wishes to properly include on its Webpage the mark, name, commercial name, label, slogan or any other type of significant element of the entity and/or Website , shall have previously obtained an express and written authorisation.
The Entity does not authorise the establishment of a link on the Webpage from those websites which holds materials, information or any type of illicit, illegal, degrading or obscene content or in general contravenes the moral, the public order or the generally accepted social norms.
The Entity does not have powers or any technical or human media to know, control or approve all the information, contents, products or services provided to other Websites which hold links established and leading to the Website. The entity does not assume any type of responsibility for any matter concerning the Website which established that link leading to the Website, particularly, including but not limited , concerning the functioning, access, data, information, files, quality and reliability of its products and services , its own links and/or any content in general.
10. DURATION AND MODIFICATION
The relations established between the Entity and the User shall be ruled by that stipulated in the current legislation applicable and with competent jurisdiction. However, in those case where the legislation foreseen the submission to a particular governing law and jurisdiction, the Entity and the user expressly refuse to submit to any other jurisdiction which may correspond to then, and they agree to submit all conflicts and controversies to the Courts and Tribunals of Madrid.