PURPOSE
These General Terms and Conditions of Use, Privacy Policy, and Sale (hereinafter, the “General Terms and Conditions”) govern the use of the website www.esportsmirallunes.com (hereinafter, the Website) that esportsmirallunes (hereinafter “esportsmirallunes.com”) makes available to persons who access its Website in order to provide them with information about its own products and services and/or those of third-party collaborators, and to facilitate their access to them, as well as the contracting of services and goods through the Website (all of which are collectively referred to as the “Services”).
esportsmirallunes.com, with registered office at Avinguda Catalunya 64, 43300 Mont-roig del Camp (Tarragona), is a Spanish limited liability company that owns this Website, the use of which is regulated by this document, with Tax Identification Number 39878824k and registered in the Madrid Mercantile Registry in Volume 27,335, Page M-492,541, Folio 89, Section 8, first entry. To contact esportsmirallunes.com, you can use the postal address indicated above, as well as the email address contacto@esportsmirallunes.com.
Due to the nature of the Website, as well as its content and purpose, practically all browsing that can be carried out on it must be done as a Customer, which is acquired according to the procedures set out therein. Therefore, the aforementioned status of Customer implies adherence to the General Conditions in the version published at the time of accessing the Website. esportsmirallunes.com reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. For this reason, esportsmirallunes.com recommends that the Customer read it carefully each time they access the Website.
In any case, there are pages on the Website that are accessible to the general public, with regard to which esportsmirallunes.com also wishes to comply with its legal obligations and regulate their use. In this regard, users who access these parts of the Website agree to be bound, by virtue of accessing the aforementioned pages, by the terms and conditions set forth in these General Conditions, to the extent that they may be applicable.
Finally, due to the nature of this Website, it is possible that modifications or changes may be made to the content of these General Conditions. Therefore, the Customer, as well as other users who do not enjoy this status, are obliged to access these General Conditions each time they access the Website, assuming that the corresponding conditions in force at the time of access will apply to them.
ACCESS AND SECURITY
Access to the Services requires prior registration by users, once they have accepted the General Conditions, after which they are considered Customers.
The Customer’s identifier will consist of their email address and a password. To access the Customer’s own account, it will be necessary to enter this identifier, as well as a password that must contain at least 4 characters.
The use of the password is personal and non-transferable, and it may not be transferred, even temporarily, to third parties. In this regard, the Customer undertakes to make diligent use of the password and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Customer knows or suspects that their password is being used by third parties, they must change it immediately, as indicated on the Website.
CORRECT USE OF SERVICES
The Customer undertakes to use the Services in a diligent, correct, and lawful manner and, in particular, by way of example and without limitation, undertakes to refrain from:
- use the Services in a manner, for purposes, or with effects contrary to the law, morality, generally accepted good customs, or public order;
- reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorized by the owner of the corresponding rights or it is legally permitted;
- perform any act that may be considered a violation of any intellectual or industrial property rights belonging to esportsmirallunes.com or third parties;
- use the Services and, in particular, any information obtained through the Website to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, or to market or disclose such information in any way;
The Customer shall be liable for any damages of any kind that esportsmirallunes.com may suffer as a result of or in connection with the breach of any of the above obligations, as well as any others included in these General Conditions and/or those imposed by law in relation to the use of the Website.
esportsmirallunes.com will ensure at all times respect for the current legal system, and will be entitled to interrupt, at its sole discretion, the Service or exclude the Customer from the Website in the event of alleged commission, complete or incomplete, of any of the crimes or offenses typified by the current Penal Code, or in the event of observing any conduct that in the opinion of esportsmirallunes.com are contrary to these General Conditions, the General Contracting Conditions that operate for this Website, the Law, the rules established by esportsmirallunes.com or its collaborators or may disturb the proper functioning, image, credibility and/or prestige of esportsmirallunes.com or its collaborators.
PROPERTY RIGHTS
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of esportsmirallunes.com or third parties, whose rights in this regard are legitimately held by esportsmirallunes.com, and are therefore protected by national and international legislation.
The use of all the elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation, is strictly prohibited.
The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as a crime punishable in accordance with articles 270 et seq. of the Penal Code.
Those Customers who send observations, opinions or comments to the Website by means of the e-mail service or by any other means, in the cases in which this is possible due to the nature of the Services, are understood to authorize esportsmirallunes.com for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for the entire period of copyright protection that is legally provided for and without territorial limitation. Likewise, it is understood that this authorization is made free of charge.
Claims that may be filed by Customers in relation to possible breaches of intellectual or industrial property rights over any of the Services of this Website must be addressed to the following email address: contacto@esportsmirallunes.com.
EXCLUSION OF GUARANTEES AND LIABILITY
Regardless of what is established in the General Contracting Conditions relating to the contracting of goods collected on this Website, esportsmirallunes.com is not responsible for the veracity, accuracy and quality of this Website, its services, information and materials. These services, information and materials are presented “as is” and are accessible without guarantees of any kind.
esportsmirallunes.com reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, either for technical, security, control, maintenance reasons, due to electrical supply failures or for any other justified cause.
Consequently, esportsmirallunes.com does not guarantee the reliability, availability or continuity of its Website or the Services, so the use of them by the Customer is carried out at their own risk, without, at any time, responsibilities being demanded from esportsmirallunes.com in this regard.
esportsmirallunes.com will not be liable in the event of interruptions to the Services, delays, errors, malfunction of the same and, in general, other inconveniences that originate in causes beyond the control of esportsmirallunes.com, and/or due to willful or negligent action by the Customer and/or originate from causes of fortuitous event or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure shall also include, for the purposes of these General Conditions, all those events that occur outside the control of esportsmirallunes.com , such as: failure of third parties, operators or service companies, acts of Government, lack of access to third-party networks, acts or omissions of Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc. and the attack by hackers or third parties specialized in the security or integrity of the computer system, provided that esportsmirallunes.com has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, esportsmirallunes.com will not assume any responsibility, whether for direct or indirect damages, consequential damages and/or loss of profits.
esportsmirallunes.com excludes any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website as well as for the Services provided or offered by third parties or entities. esportsmirallunes.com will try as far as possible to update and rectify any information hosted on its Website that does not meet the minimum guarantees of veracity. However, it will be exonerated from liability for its non-updating or rectification as well as for the contents and information poured into it. In this sense, esportsmirallunes.com has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by Customers or collaborators, except in cases where required by current legislation or when required by a competent Judicial or Administrative Authority.
Similarly, esportsmirallunes.com excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in computer systems as well as in documents or systems stored therein.
esportsmirallunes.com is not responsible for the use that the Customer makes of the Services of the Website or its passwords, as well as any other material thereof, infringing the rights of intellectual or industrial property or any other rights of third parties.
The Customer undertakes to hold esportsmirallunes.com harmless, for any damage, prejudice, sanction, expense (including, without limitation, attorneys’ fees) or civil, administrative or any other liability, that esportsmirallunes.com may suffer that is related to the breach or partial or defective compliance by the Customer with the provisions of these General Conditions or in the applicable legislation, and, especially, in relation to its obligations regarding the protection of personal data collected in these conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEBSITES
esportsmirallunes.com does not guarantee nor assume any liability for damages suffered by accessing third-party services through connections, links, or hyperlinks on linked sites, nor for the accuracy or reliability thereof. The function of the links that appear on esportsmirallunes.com is exclusively to inform the Customer about the existence of other sources of information on the Internet, where they can expand the Services offered by the Portal. esportsmirallunes.com shall in no case be responsible for the results obtained through these links or the consequences arising from Customers’ access to them. These third-party Services are provided by them, so esportsmirallunes.com cannot and does not control the legality of the Services or their quality. Consequently, the Customer must exercise extreme caution in evaluating and using the information and services available in third-party content.
APPLICABLE LAW AND JURISDICTION
Para cuantas cuestiones interpretativas o litigiosas que pudieran plantearse será de aplicación la legislación española y en caso de controversia, ambas partes acuerdan someterse, con renuncia a cualquier otro fuero que pudiera corresponderle, a la jurisdicción de los Juzgados y Tribunales de la ciudad de Madrid.
