TERMS AND CONDITIONS OF USE OF THE CORPORACIÓN EMPRESARIAL PASCUAL, S.L. WEBSITE
1. IDENTIFICATION OF PARTIES.
The General Terms and Conditions shown below regulate “users'" access to, navigation and use of the URL www.corporacionpascual.com (hereinafter the WEBSITE), owned by CORPORACIÓN EMPRESARIAL PASCUAL, S.L. (hereinafter the COMPANY or ENTITY):
CORPORACIÓN EMPRESARIAL PASCUAL, SL, with TAX ID B-09052275, is duly registered in the Mercantile Registry of Madrid, Volume 4832. Sheet 36, Page M79400 with registered address at Avda. Manoteras nº 24, 28050, Madrid (Spain), telephone 91-203.55.00, and email Webmaster@corporacionpascual.com
In this sense, the term "User" refers to any person who accesses, browses, uses, requests information, registers or takes part in any service, competition, promotion, or any other activities on the Website.
2. PURPOSE AND APPLICATION SCOPE
2.1. These Terms and Conditions govern the access to all the Content and Services offered by the COMPANY through www.corporacionpascual.com (hereinafter the Website), including comments and news articles, blogs, chats, and any other as well the use thereof by the Users. However, the COMPANY reserves the right to modify the presentation, layout and content of the Website and Services, as well as the conditions for access and/or use. Access to and use of the Content and Services, after the entry into force of the amendments or changes in the conditions, implies acceptance of them.
2.2. The access, navigation and use of the Website entail and imply acceptance by the User of these Terms and Conditions.
3.1. Access to the content and use of the services provided by the Website is free, although some of the services and content offered by the COMPANY to third parties through the Website may be subject to its previous contract and payment of an amount, which will be specified where appropriate, under specific conditions of contract.
3.2. Children under fourteen are forbidden to access the Website. If a child under that age accesses the Website, his or her parents, guardians or legal representatives shall be held liable for the acts carried out by the child, pursuant to current legislation.
3.3. Access to and navigation through the Website do not require registration; however, it may occur that the User must first register, by selecting a User ID and Password, in order to access certain functionalities on this Website.
The password, which is personal and non-transferable, must be generated by the User according to the rules of password strength and length established at any time by the COMPANY.
If a User chooses a password that does not meet the minimum requirements of the COMPANY’s current password policy, he or she will be notified of this and of the conditions the password must satisfy to effectively register the User.
However, the Website has the features necessary for Users to change their passwords when they see fit, for example, because they suspects or discover that the password is no longer confidential.
3.4. The password will be personal and is not transferable. The User agrees to make diligent use of his or her password and keep it secret, not transmitting it to any third party, or to the COMPANY. Consequently, Users are responsible for the custody and confidentiality of any User IDs and/or passwords that they have selected as registered Users of the COMPANY Website, and undertake not to let third parties temporarily or permanently use them, or allow others to have access to them. The User will be held liable for any misuse of the Website by any unauthorised third party who uses for this purpose a password that has been careless used or lost by the User.
Accordingly, the User is required to immediately notify the Website Administrators of any occurrence that might allow the misuse of User IDs and/or passwords, such as theft, loss or unauthorised access, so the Administrators may cancel them immediately. While such facts are not disclosed, the COMPANY shall be held harmless of any liability arising from misuse of User IDs or passwords by unauthorised parties.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
This Website is governed by Spanish law and by national and international legislation on industrial and intellectual property.
All content offered on the Website, including the Website itself, audiovisual works, texts, synopses, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, etc., belong to the COMPANY or have been licensed to the COMPANY by other owners of the rights of said content and are protected by intellectual and industrial property rights.
You may use the Website and the content published therein non-exclusively, for private use only, and in each case according to the conditions of use of each item of content.
No commercial use or copying, storing or downloading, distributing, publishing, posting or processing of content is permitted. The use of any technique to reverse engineer or decompile the content, or parts of it, is forbidden. Users may only employ the means and procedures made available on the Website and may only use the content in the manner authorised by the COMPANY.
Likewise, it is forbidden to remove or tamper with indications of copyright or other credits that identify the holders of rights of the content found on the Website or to remove or tamper with the technical protection devices, digital fingerprints or any protection or information mechanism incorporated into the content available on the Website.
5. USE OF THE WEBSITE.
5.1. The User agrees to use the services provided by the Website in accordance with the law and these Terms and Conditions of Use. The User agrees not to use the Services for illegal purposes or for purposes contrary to the provisions of the Terms and Conditions of Use.
5.2. The User agrees and keeps in mind that advertisements, email chain letters or any content other than comments or discussion on articles or news are forbidden in forum services, blogs, information sent through forms and any other means of publishing Users' opinions. By using the Services, the User agrees with these Terms and Conditions of Use, agreeing not to use them to send defamatory or insulting messages, or messages containing false, inappropriate, abusive, harmful, pornographic or threatening information, or information damaging to the public image or the privacy of third parties or that for any other reason breaks any law.
5.3. In particular, and including but not limited to the following, the User agrees not to capture data for advertising purposes and not to send any type of online advertising. The User also agrees not to transmit, distribute or make available to third parties through the Services provided by the Website, information, messages, graphics, sound or image files, photographs, recordings, software and generally any kind of material, data or content which includes, without being limited to, material that:
- engages in illicit, illegal activities or those contrary to good faith and public order,
- in any way contravenes, disparages or violates fundamental rights and public freedoms recognized in the Constitution or international treaties and in other legislation;
- induces, incites or promotes criminal, slanderous, libellous or violent behaviour;
- induces, incites or promotes actions, attitudes or discriminatory ideas on sex, race, religion, belief or age;
- contains criminal, violent or degrading messages;
- leads to or incites involvement in activities that are dangerous, hazardous or harmful to health and mental equilibrium;
- are false, ambiguous, inaccurate, exaggerated or invented, so as to mislead as to the purpose or the intentions or purposes of the person communicating them;
- are protected by any rights of industrial and intellectual property belonging to third parties without the User having previously obtained the necessary authorisation holders to use them or attempt to use them;
- violates the business secrets of third parties;
- are contrary to the right to reputation, personal and family privacy or the image of individuals;
- infringes regulations on the privacy of communications;
- causes difficulties in the normal functioning of the Services by its characteristics (such as format, length, etc.).
6. AUTHORISATION OF COMMUNICATIONS.
6.1. If the User sends any information to the COMPANY through the Website, using the channels provided for this purpose on the page, the User declares, warrants and agrees that he or she is entitled to do so freely, that such information will not infringe any intellectual property, trademark, patent, trade secret, or other rights of third parties, and that such information is not confidential and is not harmful to others.
Regarding third-party data that the User may provide through the Website, the User declares that he or she has informed said third party of the terms and purposes described in these Terms and Conditions of Use and, if applicable, to have obtained authorisation to communicate third-party information to the COMPANY.
6.2. The User accepts liability, and will hold the COMPANY harmless, for any communication made personally or in his or her name, such liability encompassing without restriction the accuracy, legality, originality and ownership of it.
7. LIABILITIES AND GUARANTEES
The COMPANY cannot guarantee the reliability, usefulness or accuracy of the information or the services provided through the Website.
Accordingly, the COMPANY does not guarantee and is not liable for: (I) the continuity of the contents of the Website, (ii) the absence of errors in the content, or products, (iii) the absence of viruses and/or other harmful components in the Website or the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures taken to protect it; (v) the lack of utility or performance of the products and content of the Website, (vi) any damage or harm caused to himself or third parties, by any person who breaches the conditions, rules and instructions set out by the COMPANY on the Website or through the violation of the Website's security systems.
Nevertheless, the COMPANY declares that it has taken all necessary measures, within its capabilities and the state of the art to ensure the Website's operation and avoid the existence and transmission of viruses and other components harmful to Users.
If the User becomes aware of the existence of any unlawful or illegal content, or content that breaks the law or that could result in a violation of intellectual and/or industrial property rights, he or she must immediately notify the COMPANY to enable it to adopt appropriate action.
8.1. Links to other websites
If the User finds links to other pages on the Website via buttons, links, banners, etc., the destination pages will be managed by third parties. The COMPANY does not have the power or human or technical resources to be fully aware of, control or endorse information, content, products or services provided by other Websites to which links can be made from the Website.
Consequently, the COMPANY cannot accept liability for any aspect of the Website to which a link from the Website may be made, particularly including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.
In this sense, if Users discover illegal activities through these third-party websites, they must immediately notify the COMPANY so it can remove the link to the offending page.
The establishment of any link from the Website to another website does not imply that there is any relationship, cooperation or dependence between the COMPANY and the party responsible for the third-party Website.
8.2 Links on other Websites to the Website the link will only be made to the Home or Main Page of the Website, unless express authorisation to link to another is given in writing by the COMPANY.
the link must be absolute and complete, that is, it must take the User to the URL address of the Website by a single click and must include the full extent of the Home Page screen of the Website. Under no circumstances, unless the COMPANY expressly authorises it in writing, may the Website providing the link reproduce, in any manner, the Website, include it as part of the linking Website or in one of its frames or create a browser on any page of the Website.
unless the COMPANY has authorised it expressly and in writing, the linking Website may not state that the COMPANY has authorised this link. If the COMPANY linking to the Website from its own page wants to include on its Website the brand name, trade name, label, logo, slogan or other identifying element of the COMPANY and/or its Website, it must first obtain express permission in writing from the COMPANY.
the COMPANY does not authorise the establishment of a link to the Website from Websites containing illicit, illegal, degrading, obscene materials, information or content, or those that in general, contravene morality, public order or generally accepted social standards.
If any User, Company or Website wants to establish some kind of link to the Website, it must comply with the following stipulations:
The COMPANY does not have the power or human or technical resources to be fully aware of, control or endorse any information, content, products or services provided by other Websites from which links can be made to the Website. The COMPANY cannot accept liability for any aspect of the Website from which a link to the Website may be made, particularly including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.
10. DURATION AND MODIFICATION.
10.1. The COMPANY may modify the Terms and Conditions expressed herein, in whole or in part, by publishing any change to them in the same way that these Terms and Conditions of Use are made public or through any type of communication to the Users.
10.2. The Terms and Conditions are therefore valid during the time they are published, until they are modified in whole or in part, when the modified Terms and Conditions will come into effect.
10.3. Regardless of the provisions in specific terms and conditions, the Entity may at any time end, suspend or interrupt access to the contents of the WEBSITE, without the need to issue prior warning, in which case Users are not entitled to claim compensation. In such an event, the prohibitions on the use of the contents set out above shall remain in force.
11. GENERAL CONSIDERATIONS
11.1. The headers of the clauses herein are for information purposes only and shall not affect, ascribe or extend the interpretation of the Terms and Conditions of Use.
11.2. Should there be any discrepancies between the provisions in these Terms and Conditions of Use and the specific terms and conditions for each particular service, the latter shall prevail.
11.3. Should any of the provisions in these Terms and Conditions of Use be considered null and void, in full or in part, by any Court, Tribunal or competent administrative body, said invalidity or unenforceability shall not affect the other provisions in the Terms and Conditions of Use.
11.4. The non-performance or performance of any right or provision contained in these Terms and Conditions of Use shall not constitute their waiver, unless acknowledged in writing.
The relationship between the Entity and the User shall be governed by the provisions set out in the applicable legislation and jurisdiction. However, in cases in which the regulations envisage the possibility of the parties submitting to the courts, the Entity and the User expressly waive any jurisdiction to which they may have recourse, and shall submit any disputes and/or lawsuits to the jurisdiction of the Courts and Tribunals of the city of Madrid.