1.- IDENTITY OF THE WEBSITE ADMINISTRATOR
In compliance with the duty to inform established in article 10 of Law 34/2002, of 11 July 2002, on Information Society Services and E-Commerce, the following information is provided below: business name: Rosa Alcover (hereinafter VANELE), with business address at 5,1ª, Carrer Dr Agell, El Masnou (Barcelona) 08320 Spain and Tax ID number 38135638-M. If you have any doubts regarding these terms and conditions, please contact us by email at firstname.lastname@example.org.
2.- USERS. ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
Access to and/or use of the VANELE website makes an individual a USER, who in doing so accepts the General terms and conditions herein. The aforementioned Conditions shall apply regardless of any General Contract Conditions that may be of obligatory compliance.
3. APPROPRIATE USE OF THE WEBSITE
www.vanele.net provides access to a variety of information, services, software, data and contents on the Internet belonging to VANELE or its licensors, to which users may gain access.
Users undertake to use the website, contents and services in accordance with the law, Legal disclaimer, codes of good conduct and public order, and to not take part in:
1. – Illegal or illicit activities, or those that infringe on good faith and public order.
2. – The spreading of contents or propaganda that is racist, xenophobic, pornographic, illegal, glorifies or incites terrorism or infringes on human rights, or the sharing of any comments or contributions that infringe on the right to personal dignity, are discriminatory or constitute an attack on youth or childhood.
3. – Any activity that may cause damage to the physical or logical systems of VANELE, its providers or third parties, or the releasing or sharing of computer viruses on the network or any other physical or logical systems that are susceptible to causing the aforementioned damage.
4. – Any attempt to access and/or use the email accounts of other users and modify or manipulate their messages.
5. – The loading of computer software and/or viruses, or any other device that may harm the computer systems of the company or third parties in any way.
6. – Any destruction, alteration, deactivation or other sort of damage to the data, programmes or electronic documents and other contents of the company’s website.
7. – Any action that hinders the access of other users to the service through mass consumption of the computer resources the company uses to provide the service, nor any activities that harm, perturb or lead to errors in the aforementioned systems.
Likewise, VANELE reserves the right to remove any comments or contributions that infringe on the right to personal dignity. Under no circumstances shall VANELE be held responsible for the opinions shared by users on the forums, chats or other participation tools.
4. DATA PROTECTION
VANELE complies with the provisions of Organic Law 15/1999, of 13 December, on the protection of personal data and Royal Decree 1720/2007 approving the implementation of said legislation and any other legal regulations valid at the time, and safeguards proper use and handling of the users’ personal data.
As such, on each form used to collect personal details, for services the users can request from email@example.com, users must be notified of and accept the specific handling conditions in each case, notifying them specifically of the entity that controls the database created, the controller’s address, how to exercise their rights to access, rectify, erase or oppose to the handling, the purpose of the handling and whether said data shall be transferred to third parties.
Likewise, VANELE hereby declares that, in compliance with the provisions of Law 34/2002, of 11 July, on Information Society Services and E-Commerce, users shall be asked to consent to the handling of their email addresses for commercial purposes.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
VANELE itself or under licence holds all intellectual and industrial property rights to its website, as well as any elements herein (including but not limited to images, sounds, audio, video, software or texts; brands or logos, colour combinations, structure and design, selection of materials used, computer programs needed to use, access or operate the site, etc.). All rights reserved.
As per the provisions of articles 8 and 32.1 paragraph two of the Law on Intellectual Property, any reproduction, distribution or public communication, including making publicly available, of the contents of this website in full or part for commercial purposes on any media or by any technical means is strictly prohibited without the express consent of VANELE.
Users undertake to respect the industrial and intellectual property rights of VANELE. They may view the elements on the site and even print, copy or store them on the hard drive of their computer or any other physical support as long as they are only and exclusively used for their own private, personal use.
Users must abstain from deleting, altering, removing or manipulating any protection device or security system that may be on the page of VANELE under any circumstances.
6. RESPONSIBILITY SYSTEM
6.1. RESPONSIBILITY FOR THE USE OF THE WEBSITE
Users are solely responsible for any infractions they may commit or damage that may occur in using the website. VANELE, its partners, companies in the group, co-workers, employees and representatives are exempt from any sort of liability that may arise from the users’ actions.
The company shall do everything possible and use all reasonable means to provide updated, trustworthy information on the website, however, the company does not make any declarations or guarantees of any sort regarding the absence of errors or possible inaccuracies or omissions in any of the contents accessible through this website.
Users shall be solely liable if any claims or legal actions, in or out of court, are initiated by third parties against VANELE regarding the use of the website by the users. In said situation, users shall be liable for any expenses, compensation or costs that VANELE may incur in association with said claims or legal actions.
6.2. RESPONSIBILITY FOR THE OPERATIONS OF THE WEBSITE
VANELE shall not be held responsible for any interferences, omissions, interruptions, computer viruses, telephone connection breakdowns or disconnections from the grid caused by anything beyond the company’s control.
Likewise, VANELE shall not be held liable for any delays or obstructions to the operating of this electronic system caused by deficiencies or overloads in phone lines or Internet, and damages caused by illegitimate interference by third parties beyond the company’s control.
VANELE reserves the right to temporarily suspend access to the site, with no prior notice, in order to maintain, repair, update or improve service.
7. POLICY REGARDING THE USE OF PERSONAL DATA OBTAINED THROUGH THIS WEBSITE
When the user provides personal data, they are expressly authorising VANELE to process their personal data for the purposes listed on the aforementioned forms. Users or their representatives may exercise their rights to access, rectify, erase or oppose to the processing of their data by email to firstname.lastname@example.org.
8. DISCLAIMER OF WARRANTY AND LIABILITY
VANELE shall not be held responsible, under any circumstances, for any damages that may arise from, including but not limited to errors and omissions in contents, unavailability of the site or the transmission of computer viruses or malicious or harmful software in the contents, despite having adopted all the technological means necessary to prevent this.
VANELE reserves the right to make any changes deemed necessary to the site, with no prior notice, including but not limited to changing, removing or adding contents and services provided through the site, as well as the manner in which they are presented or their location on the site.
If www.vanele.net were to have links to other sites on the Internet, VANELE shall not exercise any sort of control over said sites or their contents. Under no circumstances shall VANELE be held responsible in any way for the contents of any third-party websites to which a link connects, nor does it guarantee the technical availability, quality, reliability, precision, truthfulness, validity or constitutionality of any material or information contained in any of said links or other Internet sites. Likewise, including these external connections shall not be construed as any sort of association, fusion or participation in the connected entities.
11. RIGHT TO EXCLUDE
VANELE reserves the right to deny access or revoke permission to access the portal and/or services offered therein with no prior notice, at its own or third-party behest, to any users that fail to comply with these General Conditions of Use.
VANELE shall prosecute any failure to comply with these conditions, as well as any improper use of the site, to the fullest extent of both civil and criminal law.
13. CHANGES TO THESE TERMS AND CONDITIONS
VANELE may modify the conditions established herein at any time, with any changes duly published here. Said conditions shall be valid when posted, until modified by another set of duly posted conditions.
14. APPLICABLE LAW AND JURISDICTION
The relationship between VANELE and the user shall be governed by Spanish law and the parties hereby agree to take any issues that may arise from said relationship to the Courts of the city of Barcelona.
15. VANELE CONFIDENTIALITY
VANELE undertakes to comply with its duty of confidentiality regarding personal data and shall adopt the necessary means to prevent alteration, loss, handling or unauthorised access, taking into account the state of information technology at any given time. In any case, we remind you that each time you provide personal information online there is some risk involved that is beyond our control. Please remember that in many cases the security of your data depends on how you use the Internet. Take into account the importance of using secure passwords, not giving account information to friends or third parties, etc.