1.- Legal information and acceptance
In order to comply with the provisions in Law 32/2002 on Information Society Services and E-Commerce and other applicable laws, the general information regarding http://plateamadrid.com is stated below:
Owner: PLATEA BARES, S.L.
Address: C/ GOYA 5-7 28001, MADRID
Contact email: firstname.lastname@example.org
Registration details: Madrid Commercial Register, volume 32,321, folio 9, section 8, sheet M-581.790, first entry.
Tax Code: B87000220
Anyone who accesses this website, including the pages within it (hereinafter, “Website”) is assumed to be a user or client (“User” or “Users”), and as such is committed to the strict observance and fulfilment of the provisions herein, as well as any other applicable legal clause.
The provider reserves the right to modify any kind of information that may appear on the website, and is not obliged to notify in advance or inform the users of these modifications, with publication on the provider’s website being understood to be sufficient.
2.- Intellectual and industrial property
All the Website content, which is understood to include but not be limited to texts, photos, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the “Content”), are the property of the website owner or third parties, without any rights of use being transferred to the User, as recognised by the law in force concerning intellectual property, except those rights which may be strictly necessary for using the Website.
The brands, business names or distinctive signs are owned by the website owner or third parties, with the understanding that access to the Website does not give any rights to the aforementioned brands, business names an/or distinctive signs.
The violation of the above rights will be prosecuted in accordance with the legislation in force.
For the purpose of preserving the possible intellectual property rights, if any User or third party believes that there has been a violation of their legal rights due to the inclusion of certain content on the Website, they must inform the owner of the website about this and provide the relevant information.
In any case, the owner of the website shall not assume any responsibility regarding the intellectual or industrial property rights belonging to third parties which are violated by a third party of the User.
- Conditions of use of the Website
The User undertakes to not misuse the Website in accordance with the Law and these conditions. The User shall be liable to the owner of the website or third parties for any damage that could be caused as a result of breaching said obligation.
It is expressly forbidden to use the Website for purposes injurious to assets or interests of the owner of the web page or third parties or which, in any other way, could burden, harm or disable the networks, servers or other computers (hardware) or products and computer programmes (software) of the owner of the web page or third parties.
The User undertakes to use the Content in accordance with the Law and this legal notice, as well as the other conditions, regulations and instructions that may be applicable.
In accordance with the legislation in force, the User must refrain from, including but without limitation to, the following:
- Reproducing, copying, distributing the Content, as well as making it available, publicly notifying of it, transforming or modifying it, except when authorised by the law or expressly permitted by the owner of the website or, where appropriate, the person that owns the rights of use.
- Reproducing or copying the Content that could be considered as Software or a Data Base for personal uses, in accordance with the legislation in force regarding intellectual property, as well as publicly notifying of it or making it available for third parties when these acts essentially involve reproduction on behalf of the User or a third party.
- Extracting and/or reusing whole or a substantial part of the Content on the Website, as well as the data bases that the owner of the web page could occasionally make available to the Users.
- Using the services as established by the law, ethics and public order and these General Conditions, using the services and/or content of the Website appropriately and not misusing them for illicit or criminal activities which would infringe upon the rights of third parties and/or the regulation concerning intellectual and industrial property, or any other applicable legal standards.
- Not including or spreading content or propaganda considered to be racist, xenophobic, pornographic, to glorify terrorism or that which goes against human rights.
- Not including or spreading data programmes (viruses or harmful software) which are susceptible to causing damage to the computers belonging to the owner of the web page, the access provider, their providers or third-party users.
- Not spreading, transmitting or making available any information, elements of content to third parties which goes against the fundamental rights and public freedoms recognised in the constitution and international treaties.
- Not spreading, transmitting or making available any information, elements of content to third parties which constitutes illicit or unfaithful advertising.
- Not transmitting any unrequested or unauthorised advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of requests, except in the areas (such as retail spaces) which have been exclusively designed for that purpose.
- Not including or spreading any false, ambiguous or inaccurate information which could mislead those receiving the information.
- Not impersonating other Users by using their registration passwords for the different services and/or content on the Website.
- Not spreading, transmitting or making available any information, elements of content to third parties which constitutes a violation of the intellectual and industrial property rights, patents, brands or copyright that correspond to the owner of the web page or to third parties.
- Not spreading, transmitting or making available any information, elements of content to third parties which constitutes a violation of communication secrecy and the legislation regarding personal data protection.
- Holding the owner of the web page harmless from any potential complaints, fines, penalties or sanctions that they may be obliged to withstand as a result of breach of any of the aforementioned usage rules, also reserving us the right to request compensation for any damage where appropriate.
3.3 Data collection forms
All the information that the User may provide via the Website forms for the above purposes, or any other purposes, must be accurate. In this sense, the User guarantees the authenticity of all the data they disclose and will keep the information provided to the owner of the page completely up to date so that is always corresponds to the actual situation of the User. In any case, the User shall be solely responsible for any false or inaccurate statements made and the damage it may cause to the owner of the website or third parties due to the information they provide.
3.4 Inclusion of links on the Website
The internet user that wishes to include links from their own web pages to the Website must request express authorisation to do so.
The use of any mixed or graphic word mark or any other distinctive sign of the web page owner within the sender’s page is forbidden except in cases that have been expressly authorised by the owner of the web page.
- Exclusion of liability
4.1 from information
Access to the Website does not involve obligation on behalf of the web page owner to check the authenticity, accuracy, adequacy, suitability, completeness or relevance of the information provided therein.
In this sense, the owner of the web page does not guarantee that the content of the Website is going to be constantly updated, or that there may be some type of error, and the owner of the web page does not take responsibility for any damage and/or benefit that may be foregone by the User or any third party who is considered to be aggrieved as a result.
On the other hand, the owner of the web page states that even though the photos of products that appear on the Website are completely realistic, the owner of the web page shall not be responsible for the faithfulness of the images on different monitors or devices. Likewise, the owner of the web page reserves the authority to modify or alter product characteristics, as well as to substitute or withdraw them from sale.
4.2 from the quality of the service
Access to the Website does not involve obligation on behalf of the web page owner to check for the absence of viruses, worms or any other harmful computer elements. In any case, it is the User’s responsibility to have the appropriate tools to detect and clean harmful computer programmes.
The owner of the web page shall not be responsible for any damage caused to computers belonging to Users or third parties during the Website service provision.
4.3 from the availability of the service
Access to the Website requires services and provisions from third parties, including transport through telecommunications networks whose reliability, quality, continuity and performance depends on third parties. Subsequently, the services provided through the Website can be suspended, cancelled or become inaccessible before or after providing said service.
The owner of the web page shall not be responsible for any damage caused to the User arising from faults or disconnections in the telecommunications network which provoke the suspension, cancellation or interruption of the Website’s service either during or beforehand.
- Applicable law and competent jurisdiction
The User accepts that the legislation in force regarding the performance of this service is Spanish law, given that the owner of the web page conducts business from Spain and is subjected to the jurisdiction of the Courts of Law in the consumer’s place of residence in order to resolve any differences that may arise from the interpretation or application of these conditions.