These General Conditions of Use and Contracting (hereinafter, “the General Conditions”) govern the access and use of the website www.octuvre.cat (hereinafter, “The website”), as well as the possible contracting of products and services through the website.
The simple access to the Website attributes to the person who performs it the condition of User of the Website (hereinafter, “the“ User ”) and implies the acceptance of all the terms included in these General Conditions. In case of not agreeing with these General Conditions, the User must immediately leave the Website without using it.
By accepting these General Conditions of Use and Contracting, the User states:
1. That has read and understands what is stated here.
2. That he or she is a person with sufficient capacity to hire.
3. That assumes all obligations set forth herein.
The User must carefully read these General Conditions of Use and Contract once they access the Website, as they may suffer modifications.
The owner of the website reserves the right to make, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions and of all the elements that integrate the design and configuration of the website.
1. General website information
In compliance with those established by article 10 of Llei 34/2002, of July 11, on information society and electronic commerce services (hereinafter, “LSSICE”), the general information of octuvre is given below (www.octuvre.cat):
1. Holder: Associació cafèambllet
2. C.I.F .: G55201503
3. Registered office: c / Sant Antoni, 24. 17400. Breda.
4. Email address: email@example.com
2. Conditions of use
2.1 Access to the website
Access to the Website is free except for the cost of the connection between the telecommunications network provided by the access provider contracted by the User.
2.2 Registration need
Access to the website will not be conditioned to the User Registry. The data entered by the User must be accurate, current and truthful at all times. Otherwise, it will be considered a violation of these General Conditions and this may result in the immediate termination of the User’s account.
The registered User will be responsible at all times for the custody of his password, assuming consequently any damage and prejudice that could be derived from its improper use, as well as the transfer, revelation or loss thereof. For this purpose, the restricted access and / or the use of the services and contents made under the password of the registered user will be deemed to be made by this registered user, who will respond in any case for this access and use.
2.3 Web usage rules
The User undertakes to use the Website and all its content and services in accordance with the provisions of law, morality and public order and in these General Conditions. Likewise, it is obliged to make proper use of the services and / or contents of the Website and not to use them to carry out illegal or constitutive activities that violate the rights of third parties and / or that infringe the regulation on intellectual property and industrial, or any other rule of the applicable legal system.
The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, programs, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no case limiting or excluding, the User undertakes to:
I.- Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, of apology of terrorism or that threaten human rights.
II.- Do not introduce or disseminate to the network data programs (viruses or harmful programs) that may cause damage to the computer systems of the access provider, its suppliers or third party Users of the Internet network.
III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that undermines the fundamental rights and public freedoms recognized constitutionally and in international treaties.
IV.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
V.- Do not transmit unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for that.
VI.- Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
VII.- Do not impersonate other Users using their registration keys to the different services and / or contents of the Website.
VIII.- Do not disseminate, transmit or make available to third parties any information that involves a violation of intellectual property rights, industrial, patents, trademarks or copyright that correspond to the owners of the Website or to third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
The User is obliged to keep the Associació cafèambllet harmless in front of any possible claim, fine, penalty or sanction that may be forced to bear as a result of the User’s failure to comply with any of its aforementioned rules of use, reserving, in addition, Associated cafèambllet the right to request compensation for damages that may apply.
The owner of the website reserves the right to cancel the account of those users who make an inappropriate one or do not respect the observations and prohibitions provided by these General Conditions.
2.4. Exclusion of Liability
The Associació cafèambllet assumes no responsibility for the updating of this Website, nor guarantees that the information published is accurate or complete. Therefore, the User must confirm that the published information is accurate and complete before making any decision related to any service or content described on this Website.
The access of the User to the Website does not imply for the Association cafèambllet the obligation to control the absence of viruses, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
The Associació cafèambllet is not responsible for the damages produced in the programs and computer equipment of the Users or third parties during the use of the services offered on the Website.
The Associació cafèambllet is not responsible for the damages or losses of any kind produced in the User that come from failures or disconnections of the telecommunications networks that cause the suspension, cancellation or interruption of the Website service during the provision thereof or with character previous.
2.5 Contents and services linked through the website.
The Website access service may include technical link devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, “Linked Sites”). In these cases, the Associació cafèambllet will only be responsible for the contents and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, he may notify it to the Associació cafèambllet, without in any case this communication entails the obligation to remove the corresponding link.
In no case, the existence of Linked Sites must presuppose the formalization of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of the Associació cafèambllet with the manifestations, contents or services provided.
The Associació cafèambllet does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages caused by the illegality, quality, outdating, unavailability, error and uselessness of the contents and / or services of the Linked Sites or for any other damage that is not directly attributable to the Associació cafèambllet.
2.6 Intellectual and industrial property
All the contents of the Website, understood by them, by way of example, the texts, photographs, graphics, images, icons, technology, programs, links and other audiovisual or sound content, as well as their graphic design and source codes, are property of the Associació cafèambllet or of third parties, without being able to be understood as assigned to the User any of the exploitation rights recognized by current regulations regarding intellectual property on them. The trademarks, trade names or distinctive signs are owned by the Associació cafèambllet or third parties, without it being understood that access to the Website attributes any right over them.
3. Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect this provision or the part of it that is null or ineffective, these General Conditions subsisting throughout the rest, considering such provision totally or partially as not included.
4. Applicable legislation and competent jurisdiction
These General Conditions will be governed and interpreted in accordance with Spanish legislation. The Associació cafèambllet and the User agree to submit any dispute that may arise from the presentation of the services subject to these General Conditions, in the Courts and Tribunals of the city of Barcelona, Spain, unless otherwise provided by law.