M. REMEDIOS JIMÉNEZ MARTÍNEZ, DNI 06.968.139-J, in the name of and on behalf of the DELOLAS brand (hereinafter referred to as THE COMPANY), registered at C/ Gadil, 19 (04890 – Serón (Almería)), email firstname.lastname@example.org, provides visitors (hereinafter referred to as USER/S) to the website www.delolas.com with information relating to products and services of THE COMPANY and its ownership, conditions of use applying to access and web navigation applicable to USERS who access or use the services, applications, tools and contents in general included therein (hereinafter referred to as SERVICES or CONTENTS).
This document, without prejudice to the particularities referred to therein, is accepted by USERS with access to the website.
THE company informs USERS that it will make every effort to achieve the best possible quality, given the state of the technology. Notwithstanding the above, the company declines any responsibility in the case of any interruption or malfunction of the services or content offered on the internet, irrespective of the cause. Likewise, THE COMPANY is not responsible for network outages, loss of business resulting from such outages, temporary power failures or any other type of indirect damage which may be caused to USERS by factors beyond the control of THE COMPANY .
THE COMPANY may temporarily or permanently suspend the services or content for reasons of updating, maintenance and repair of their systems or for business reasons.
THE COMPANY is not responsible for failures and/or damages derived from the incompatibility of the services or content of THE COMPANY with other services or content or software which are not specifically interoperable. In any event, the configuration and capacity of the USERS’ equipment for browsing the WEBSITE, as well as for using the services and contents offered therein, should be sufficient to permit the correct use of the services, with the USER being responsable for the complete and correct installation of such content as may be downloaded from the website.
2. Responsibility of Users for use and content.
Both access to the website and use which may be made of the information and contents included therein, will be the exclusive responsibility of the USER.
Thus the use which may be made of information, images, content and/or products offered and accessible through the website will be subject to the applicable legislation, either national or international, as well as to the principles of good faith and licit use on the part of USERS, who will be entirely responsible for such access and correct use.
USERS will be required to make reasonable use of the services or content, under the principle of good faith and with regard to current legislation, morality, public order, decency, the rights of third parties or of the THE COMPANY itself, entirely in accordance with the possibilities and purposes for which they were conceived. THE COMPANY assumes no responsibility, whether direct or indirect, for consequential damages or lost profits arising from the misuse of services or contents by USERS or third parties. The USER agrees to use the services or content solely for his or her personal use, and not to undertake, either directly or indirectly, commercial exploitation of them.
Access to the services or content will the sole responsibility of USERS. In the case of minors or persons declared legally incompetent, sole responsibility will lie with their parents, representatives or legal guardians, whose duty it is to accompany, supervise or take appropriate precautions during navigation of the web pages.
As a general rule, any activity which is detrimental to THE COMPANY or third parties remains prohibited. THE COMPANY will not be responsable in any case for information, images, references or content which is communicated, hosted, transmitted or displayed through the services or content offered by the company beyond its control.
The use of THE COMPANY website for illegal or unauthorized purposes will be deemed strictly prohibited and, in particular, though not exclusively: any form of violation of the rights of third parties as regards their privacy, honour, personal image, confidentiality of communications, intellectual and industrial property or protection of personal data.
Equally, USERS undertake not to publish, disseminate, advertise, refer to or distribute any material, matter or information whose contents are illegal, obscene, pornographic, abusive, defamatory, misleading, racist, counter to moral or public order, as well as not to introduce any type of computer virus, defective files or any other software or computer program which may cause damage or unauthorized alterations to the content, programs or systems accessible via the web; not to make alterations or interventions by fraudulent means in the personal websites or emails from other USERS without due authorization, nor to send bulk and/or repeat emails, nor to send email addresses of third parties without their consent. Neither may USERS make improper or inappropriate use, with respect to normal functioning and purpose, of those services or content which may be made available by THE COMPANY such as chat rooms, news groups, forums, etc.
In the event of a failure to comply with the provisions herein, THE COMPANY may, without incurring any type of compensation, withdraw the illegal content from the website. In this sense, THE COMPANY may act, at its sole and exclusive discretion, as well as at the request of an affected third party, entirely in accordance with current legislation.
In particular, and without prejudice to the provisions above, USERS undertake to comply with all applicable local, state, national and international regulations and are solely responsible for all acts or omissions that occur in connection with their accounts, registrations or passwords, including the content of their transmissions through the services or content. By way of example, and without limitation, USERS agree to refrain from the following actions, without prejudice to their being fully responsible for the same:
- Using the service in connection with surveys, contests, pyramid schemes, chain letters, unwanted messages, nuisance e-mail (spamming) or any other duplicative or unsolicited email (commercial or otherwise).
- Creating a false identity for the purpose of misleading third parties regarding the identity of the sender or the origin of the message.
- Defaming, insulting, harassing, stalking, threatening or otherwise infringing the rights of third parties (such as the right to privacy or personal image rights).
- Publishing, distributing or disseminating any information or material that is inappropriate, sacrilegious, defamatory, illicit, obscene, indecent, racist, that induces violence or that could be considered as illegal.
- Advertising or offering for sale or purchase any products or services outside THE COMPANY.
- Compiling or, by any other means, collecting information about third parties, including email addresses, without their consent, as well as providing third parties with the email addresses of other people.
- Attempting to gain access in an unauthorized manner to services or content, other accounts, computer systems or networks connected with these, through automatic searches of passwords or by other means.
- Violating laws or regulations, including, among others, the legislation governing the transmission of technical data or software exported from the European Union.
- Interfering with the use or enjoyment of the services or content by other USERS or with the use or enjoyment of similar content by other persons or entities.
- Performing any action on the website which involves the transmission of any damaging, harmful or simply unsolicited program.
- Using images hosted on the website, owned by THE COMPANY, for advertising material unrelated to THE COMPANY, breaching intellectual property laws.
THE COMPANY will have no obligation to monitor the service or use by a USER, nor to retain the content of any USER session. However, and without prejudice to the foregoing, THE COMPANY reserves the right to monitor, review, retain and/or disclose at any time any information which may be necessary to comply with any law or regulation, legal procedure or applicable administrative requirement.
3. Prohibition of nuisance and damage.
THE company, where technically possible, will cancel or immediately block any registration of USERS of the website for which the THE COMPANY is responsible where it reasonably considers that such registration is transmitting or is otherwise related to any unsolicited nuisance or bulk email and, within its capabilities, as requested by the end USER of the COMPANY’s website without prejudice to the full reparation of damages caused to the COMPANY and third parties.
4. Intellectual and industrial property.
The content provided by the COMPANY, as well as the content expressed on the network through its website, constitute a work within the meaning of the legislation on intellectual property and is therefore protected by the laws and international conventions applicable in the matter. Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public exploitation related both to the website and to its content and information, is prohibited, without the express and prior consent of THE COMPANY.
Consequently, all content displayed on the website and, in particular, designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, industrial drawings or any other signs susceptible to industrial and commercial use are subject to the intellectual and industrial property rights of THE COMPANY or third party copyright holders who have duly authorized their inclusion on the website.
Thus the content, images, forms, opinions, indexes and other formal expressions which form part of the website, as well as the software necessary for the functioning and visualization of the same, likewise constitute a work within the meaning of copyright and are, therefore, protected by the applicable international conventions and national legislation with regard to intellectual property. Failure to comply with the above implies the commission of serious unlawful acts and its sanction by civil and criminal law.
Any act by virtue of which USERS of the services or content may exploit or make use of, commercially, directly or indirectly, in its entirety or partially, any of the content, images, forms, indexes and other formal expressions which form part of the website, without prior written permission by THE COMPANY, is prohibited. In particular, but not limited to, the prohibited acts of reproduction, distribution, exhibition, transmission, retransmission, emission in any form, storage in hardware or software (for example, floppy or hard disks of computers ), digitalization or making available from databases distinct from those belonging to THE COMPANY or authorized by THE COMPANY, as well as translation, adaptation, arrangement or any other transformation of said opinions, images, forms, indexes and other formal expressions which are made available to USERS through the services or content, insofar as such acts are subject to the applicable legislation on intellectual and industrial property or image protection.
THE COMPANY is free to limit access to the website, and the products and/or services offered therein, as well as subsequent publication of the opinions, observations, images or comments which USERS may send via email. In this respect, THE COMPANY may, if it deems it appropriate, and without prejudice to the sole and exclusive responsibility of the USERS, set the filters necessary in order to avoid the leaking onto the network via its web page of content or opinions considered as racist, xenophobic, discriminatory, pornographic, defamatory or which, in any way, promote violence or the dissemination of contents which are clearly illicit or harmful. Given the high number of e-mails received, and depending on the regulations applicable at any given time, this effort of THE COMPANY will be carried out in accordance with the criteria of reasonableness, since it is virtually impossible to monitor at all times the current contents of the services offered.
In accordance with that stated in the previous paragraph, THE COMPANY is also authorized to proceed with modification or alteration of such observations, opinions or comments, in order to adapt them to the needs of the publishing format of the website; however this may not be understood in any way to imply the existence of any type of damage to the moral powers of copyright which the USERS may hold over the former.
Any technical, logical or technological recourses by virtue of which a third party may benefit, directly or indirectly, with or without profit, from any or all of the content, forms, indexes and other formal expressions which form part of the website, or from the efforts undertaken by THE COMPANY for its operation, is prohibited. In particular, any link, hyperlink, framing or similar linkage which may be established to the website of THE COMPANY, without prior express written consent by THE COMPANY, is prohibited. Any infringement of the points stated above will be considered as damage to the legitimate intellectual property rights of THE COMPANY in relation to the website and all the contents therein.
THE COMPANY will assume no responsibility for consequences derived from the behavior and actions cited above, and will likewise assume no responsibility for the content, services, products etc of third parties which may be accessed directly or through banners, links, hyperlinks, framing or similar linkages from the website of THE COMPANY.
5. Disclaimers and limitations of liability.
The information and services included in, or available through, the website may include inaccuracies or typographical errors. Periodically, changes are incorporated to the information contained therein. THE COMPANY may, at any time, introduce improvements and/or changes to the services or content.
THE COMPANY does not declare or guarantee that the services or content will be uninterrupted or free of errors, that defects will be corrected, or that the service or server which it provides are free of viruses or other harmful components, without prejudice to THE COMPANY making its best efforts to avoid this type of incident. THE COMPANY does not guarantee or declare that the use or results of the use of the services or content are correct, accurate, timely or otherwise reliable. Where the USER may take certain decisions or perform certain actions based on the information included in any of the website, it is recommended that he/she verify the information received with other sources.
USERS expressly agree that THE COMPANY will not be responsible for unauthorized access or alteration of its transmissions or data, for any material or data sent or received or not sent or received, nor for any transaction carried out via its website. The USER accepts that THE COMPANY is not responsible for any conduct or content which is not the COMPANY’s own, neither is it responsible for information, statements or opinions expressed by other USERS, or when these include content which is threatening, defamatory, obscene, offensive or illegal to any third party or represents any infringement of third party rights, including intellectual property rights. Likewise, the USER accepts that THE COMPANY is not responsible for any content sent, used and/or included in the services by any third party.
THE COMPANY does not guarantee the suitability, reliability, availability, timeliness and accuracy of the services or content for any purpose.
THE COMPANY will not be liable for any damages, either direct, indirect, or of any other type, including, purely on an indicative basis, damages for loss of use, data or profits, which arise from or relate to the use of the services or websites in connection with a delay or impossibility of using the service, whether the responsibility of the company is contractual or extra contractual in origin, through negligence, objective or other type of responsibility, even if THE COMPANY has been advised of the possibile existence of damages by third party individuals.
USERS will indemnify and hold harmless the directors and employees of THE COMPANY from any claim, demand or damage, including reasonable lawyers’ fees, brought by any third party as a result of their use or conduct whilst navigating the web page.
8. Communications with THE COMPANY
Any incident related to performance and quality of service, as well as any other issue that may arise concerning the service, must be communicated to THE COMPANY in writing at the address indicated at the start and presented within a period of one month following initial recognition of the isssue in question.
We also provide the address email@example.com in case you would prefer to contact us by email.
When we need to obtain information from you, we will always expressly request that you provide it voluntarily. Data collected through the data collection forms of the website or through other means will be incorporated into an automated file of personal data for which THE COMPANY is responsible, whereby the data will be handled in a confidential manner and exclusively for the purpose of providing the services requested, with all the legal guarantees and security established by Organic Law 15/1999, of 13 December (Protection of Data of a Personal Nature), and Law 34/2002, of 11 July (Services of the Information Society and E-commerce).
THE COMPANY is committed to avoid disclosing, selling or sharing data with third parties without your express approval. Also, THE COMPANY will cancel or rectify data when it is inaccurate, incomplete or has ceased to be necessary or relevant for its purpose, in accordance with the provisions of Organic Law 15/1999, of 13 December (Protection of Data of a Personal Nature).
THE COMPANY may revoke the consent given and exercise the rights of access, rectification, cancellation and opposition by contacting the registered address of the entity or via the following email address: firstname.lastname@example.org, providing proper identification and clearly indicating the specific right being exercised.
THE COMPANY adopts the corresponding levels of security required by the aforementioned Organic Law 15/1999 and other applicable regulations. However, THE COMPANY assumes no responsibility for damages resulting from alterations which third parties may cause to the computer systems, electronic documents or files of the USER.
Should you decide to leave our website via links to other websites of third parties not forming part of our entity, THE COMPANY will not be responsible for the privacy policies of said websites nor for the cookies which these may store on the USER’s computer . Our policy concerning e-mail focuses on only sending communications which you have requested to receive. If you prefer not to receive these email messages, we offer through them the possibility of exercising your right of cancellation and renunciation of the receipt of these messages, in accordance with the provisions of Title III, Article 22 of Law 34/2002, Information Society and Electronic Commerce Services.