Legal warning
1. OWNERSHIP OF THE PORTAL.
ASOC. LA ENTUSIASTA, SAL with CIF G-06813083 (hereinafter, the Entity) is the owner of the web portalhttps://laentusiasta.com(hereinafter, the Portal). Its registered office is located at 08031, Barcelona, Spain.
You can contact the Entity through the following means:
E-mail:info@laentusiasta.com
The domain name(s) through which you have accessed the Portal is (are) the property of the Entity. Said domain name(s) may not be used in connection with other content, products and/or services that are not owned by the Entity nor in a manner that may cause confusion among users. end users or the discredit of the Entity.
2. OBJECT.
This Legal Notice includes the general conditions that regulate access, navigation and use of the Portal, as well as the contents that comprise it, and without prejudice to the Entity being able to establish particular conditions that regulate the use, provision and/or contracting of the products or services that, where appropriate, may be offered through the Portal.
If the use, provision and/or contracting of products or services are offered through the Portal, the fact of being used and/or requested by the User will also imply unreserved acceptance of the particular conditions that, where applicable, have been established for this purpose, and which will form an integral part of this Legal Notice.
The Entity reserves the right to offer certain products or services exclusively to Users registered through the Portal and who expressly accept the particular conditions that apply.
The Entity reserves the right to terminate, modify, suspend or interrupt, temporarily or indefinitely, at any time and without prior notice, access to the products, services and/or contents of the Portal, as well as the configuration same of the Portal, features, products, services and contents, without the possibility for the User to claim or demand any compensation; in particular, for the purpose of maintenance, repair, updating, improvement and/or adaptation to technical, operational and/or legal changes. After such termination, the prohibitions, restrictions and limitations contained in this Legal Notice and/or in any particular conditions that may apply will remain in force.
3. ACCESS AND USE OF THE PORTAL.
The mere access to the Portal, the use of the contents offered therein, as well as the completion of forms, the sending of requests for information, queries, complaints and, in general, any act of a nature similar to the previous ones (especially, if they are carried out through the existing means on the Portal) will imply, on the part of those who browse the Portal, the acquisition of the consideration of User and the acceptance, without reservations, of each and every one of the rules that make up this Notice. Legal. Consequently, every User must carefully read and know the content of this Legal Notice.
Unless expressly stated otherwise, access and use of the Portal by Users is free of charge. However, the Entity reserves the exclusive right to decide whether access and use of the products or services offered through the Portal will be free of charge or if, on the contrary, it decides to demand financial compensation for it. in which case the amount, payment method and other particular conditions that may apply will be expressly notified to the Users in advance of their entry into force, so that the User can voluntarily desist from accessing and/or using those products or services. that involve the payment of any amount. Once the corresponding particular conditions come into force, access and/or use of the products or services by the User will imply, on their part, express acceptance of the particular conditions.
The use, provision and/or contracting of the products or services that, where applicable, may be offered by the Entity may be subject to prior compliance with formal requirements such as prior registration, completion of forms, formalizing the subscription to the same, the payment of expenses or fees and/or the prior acceptance of the particular conditions that apply to them.
If for the use, provision and/or contracting of any product or service offered through the Portal, the User must proceed to register, he or she will be responsible for providing truthful and lawful information, guaranteeing the authenticity of all data entered into the Portal. time to complete the pre-established forms to access the products or services in question. If as a result of registration, the User has to use a password, the User undertakes to use it diligently and maintain its confidentiality. Consequently, Users are responsible for the adequate custody and confidentiality of any identifiers and/or passwords that are provided by the Entity, and undertake not to transfer their use to third parties, whether temporary or permanent, or to allow their use. by outsiders. It will be the exclusive responsibility of the User for the use and/or contracting of the products or services offered on the Portal, by any third party who, illegitimately, uses for this purpose a password or identifier provided to the User, when this occurs due to of non-diligent action or the loss thereof by the User, unless the User has immediately notified the Entity.
By virtue of the above, it is the User's obligation to immediately notify the Entity of any fact that makes possible the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them by part of third parties, in order to proceed to its immediate cancellation. As long as such facts are not communicated, the Entity will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
In any case, access, navigation and use of the Portal and, where appropriate, the use or contracting of the products or services that are offered through it is done under the sole and exclusive responsibility of the User, for which he is undertakes to diligently and faithfully observe any additional instructions, given by the Entity or by authorized personnel of the Entity, regarding the use of the Portal and its contents.
Therefore, the User undertakes to use the contents, products and services diligently, correctly and lawfully, in accordance with current legislation and, in particular, undertakes to refrain from:
· Use them for purposes or effects contrary to the law, morality, generally accepted good customs or public order and instructions received from the Entity.
· Use them for purposes that harm the legitimate rights of third parties.
· Use the contents and products obtained through the Portal or the services, to send advertising, communications for direct sales purposes or with any other type of commercial purpose, unsolicited messages directed to a plurality of people regardless of their purpose, as well as refrain from marketing or disclosing said information in any way, except when the Entity previously and expressly authorizes it.
4. RESPONSIBILITIES, WARRANTIES AND DISCLAIMERS OF LIABILITY.
The Entity is not responsible and, to the maximum extent permitted by applicable legislation, excludes any guarantees, express or implied, regarding the merchantability, suitability for a specific purpose, non-compliance, accuracy, reliability, integrity or timeliness of the contents. , services, products or other elements included in the Portal, or the results obtained from accessing and using the Portal and/or its content. The Portal and any content, product and/or service offered within it are offered “as is”. The User is aware and voluntarily accepts that the use of the information published and/or provided in relation to the products or services of the Portal takes place under their sole and exclusive responsibility.
In particular, to the maximum extent permitted by applicable legislation, the Entity does not guarantee and is not responsible for:
· The continuity of the contents of the Portal and/or the lack of availability or accessibility of the Portal or technical continuity thereof;
· The existence of interruptions or errors in access to the Portal, as well as technical problems or failures that occur during the Internet connection;
· The absence of errors or inaccuracies in the contents, services or products;
· The absence of viruses and other harmful components in the Portal or in the server that provides it;
· The invulnerability of the Portal and/or the impregnability of the security measures adopted therein;
· The reliability and/or adequacy, for a particular purpose or purpose, of the Portal, the products or services incorporated therein, and the information published and/or provided in relation to said products or services;
· Where applicable, the lack of usefulness, benefit or performance of the contents or services of the Portal;
· Damage or harm caused to oneself or to a third party by any person who violates the conditions, rules and instructions that the Entity establishes on the Portal or through the violation of its security systems;
· Any other damages that could be caused by reasons inherent to the non-functioning or defective functioning of the Portal or the websites to which, where appropriate, links may have been established.
5. PROHIBITIONS AND RESTRICTIONS.
Any communication or transmission of content that infringes the rights of third parties and/or whose content is threatening, obscene, defamatory, pornographic, xenophobic, an attack on the dignity of the person or the rights of children, current legislation or any conduct is prohibited. that incites or constitutes the commission of a criminal offense.
Likewise, the inclusion and communication of content by Users that is false or inaccurate and that misleads or may mislead the rest of the Users or the Entity's staff is prohibited, in particular the contents that are protected by any intellectual, industrial, image or similar property rights, belonging to third parties, when this gives rise to a violation of current legislation, does not have the authorization of the owner of the rights, undermines or discredits the fame or credit of the Entity, are considered a case of illicit, misleading or unfair advertising and/or incorporate viruses or any other electronic element that could damage or prevent the functioning of the Portal, the network, computer equipment of the Entity or third parties and/or the access to the Portal by the rest of the users.
If the User violates the above prohibitions/restrictions, or the Entity has or will have reasonable grounds to suspect that a User has violated any of the same, the Entity reserves the right to suspend or cancel the User's account and deny any access. and use, current or future, of the products, services and/or the Portal (or any part thereof).
6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
All intellectual and industrial property rights over the contents of the Portal are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the contents included in the Portal, to public or commercial purposes, if there is no prior, express and written authorization from the Entity or, where applicable, from the owner of the rights to which they correspond.
The User's access and navigation through the Portal, as well as the access and use of the services or products offered, will in no case be understood as a waiver, transmission, license or total or partial transfer of the rights indicated above by the Entity. , except when the contrary is expressly established in the particular conditions that regulate the use, provision and/or contracting of the products or services that, where appropriate, are offered through the Portal. Consequently, it is not permitted to delete, evade or manipulate the copyright notice and any other identification data of the rights of the Entity or its owners, incorporated into the contents, as well as the technical devices of protection, fingerprints or any information and/or identification mechanisms that may be contained therein.
References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by the Entity or third-party companies, imply a prohibition on their use without the prior, express and written consent of the Entity or its legitimate owners. In no case, unless expressly stated to the contrary, access or use of the Portal and/or its contents confers on the User any right over the brands, logos and/or distinctive signs incorporated therein.
The unauthorized use, exploitation and/or utilization of the contents of the Portal, as well as any act of a similar nature that results in an injury to intellectual or industrial property rights, will give rise to legally established responsibilities.
7. LINKS.
7.1 Links from the Portal to other web pages.
The Entity may offer links, directly or indirectly, to Internet resources or web pages that are located outside the Portal. The presence of these links on the Portal has an informative purpose, and does not constitute in any case an invitation to contract products and/or services that are offered or may be offered on the destination web pages, nor does it imply the existence of a dependency relationship. with the entity that owns the linked website. In these cases, the Entity will not be responsible for establishing the terms and conditions to be taken into account in the use, provision and/or contracting of these services by said third parties and, therefore, it cannot be considered responsible for them. .
The Entity does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other web pages to which links can be established from the Portal. Consequently, the Entity cannot assume any type of responsibility for any aspect related to the web pages to which a link could be established from the Portal.
However, in the event that the Entity becomes aware that the activity or information referred to from said links is illegal, constitutes a crime or may harm property or rights of a third party, it will act with diligence. necessary to delete or disable the corresponding link as soon as possible.
Likewise, if Users have effective knowledge of the illegality of activities carried out through these third-party web pages, they must immediately notify the Entity so that the particular situation can be analyzed and, if appropriate, disable the access link to it.
To avoid any doubts, the fact that when accessing a certain web page there is a "frame" or "frame" at the top of which the name or logo of the Entity appears, in no case does it imply that it is the owner or owner of said web pages, with the owners and owners of the web pages being those identified as such on the web pages.
7.2 Links from other web pages to the Portal.
If any User, entity or web page wishes to establish any type of link to the Portal, the following requirements must be observed:
· You must obtain prior, express, written authorization from the Entity.
· The link may only be directed to the main page of the Portal, unless otherwise expressly authorized.
· The link must be absolute and complete, that is, it must take the User, through one click, to the main page and must completely cover the entire length of the Portal's main page screen. In no case, unless the Entity authorizes otherwise, the web page from which the link is made may reproduce, in any way, the Portal, include it as part of its website or within one of its "frames" or create a "browser" on any of the Portal pages.
· On the web page from which the link is established, it cannot be declared in any way that the Entity has authorized such a link, without this having been the case. If the entity that makes the link from its website to the Portal correctly wishes to include on its website the brand, denomination, trade name, label, logo, or any other identifying sign of the Entity and/or the Portal, it must previously have with the prior, express, written authorization of the Entity.
· In any case, the Entity prohibits the establishment of a link to the Portal from those web pages that contain illicit, illegal, degrading, obscene materials, information or content, and in general, that contravene morality, public order, current legislation. , generally accepted social norms, are harmful to the legitimate rights of the Entity or third parties or that in any way may affect or damage the good image and reputation of the Entity.
8. PRIVACY POLICY.
When it is necessary for the User to register or provide personal data, they will be appropriately warned of said need.
In any case, the collection and processing of personal data will be carried out subject to the principles and obligations of the applicable regulations on data protection, and in accordance with the provisions of the Privacy Policy, which forms integral part of this Legal Notice.
9. DURATION AND MODIFICATION.
The Entity reserves the right to modify this Legal Notice and/or the particular conditions that, where appropriate, have been established for the use and/or contracting of the products or services provided through the Portal, when necessary to the users. effects of adapting to legislative, business and/or technological changes. The updated texts will be valid and will take effect from their publication on the Portal or, where appropriate, once notified to the Users in the terms provided in the aforementioned notification.
The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the updated texts will come into force.
10. COMMUNICATIONS.
For any communication between the Entity and the User, the User must contact the Entity through the contact methods indicated above, preferably electronically. In any case, and unless the law expressly determines otherwise, communications from the Entity to the User will preferably be made electronically, using the contact information provided. The User expressly accepts the use of email as a valid procedure for the exchange of information and the sending of communications between and/or with the Entity.
11. GENERALITIES.
The headings of the different clauses are for informational purposes only, and will not affect, qualify or modify the interpretation of the Legal Notice.
In the event of a discrepancy between what is established in this Legal Notice and the particular conditions that, where appropriate, may be established with respect to the products or services offered on the Portal, the provisions of the particular conditions with respect to the subject products or services will prevail. to these particular conditions.
In the event that any provision or provisions of this Legal Notice were(are) considered null or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-application will not affect the other provisions of the Legal Notice or the particular conditions that, where appropriate, may have been established.
The non-exercise or non-execution, by the Entity, of any right or action recognized in this Legal Notice will not constitute a waiver thereof, unless recognized and agreed in writing on its part.
12. APPLICABLE LEGISLATION AND COMPETENT COURTS.
This Legal Notice and any relationship that arises from its acceptance or is related to it will be governed exclusively by the applicable Spanish legislation.
The Parties, expressly waiving any jurisdiction that may apply to them, agree to submit to the exclusive jurisdiction of the courts of the city of Barcelona (Spain), who will have exclusive jurisdiction to hear and resolve any controversy that arises from or is related to this Notice. Legal and/or any relationship derived from its acceptance. Each party hereby consents to the exclusive jurisdiction of said courts.
© 2021 ASOC. THE ENTHUSIAST, SAL All rights reserved.