1. OWNERSHIP OF THE PORTAL.
SOM 2011 SL, LAYERS OF REALITY SL Y STARDUST CIRCUS INTERNATIONAL BV, UTE, with C.I.F. U67652321 (henceforth, the Entity) is the owner of the website https://madridartesdigitales.com (henceforth, the Portal). It headquarters are at C/ Gran Vía, 73, 5ºD, 28013, Madrid, Spain.
The Entity can be contacted at the following email address: firstname.lastname@example.org
The name of the domain(s) through which you have accessed the Portal is owned by the Entity. These domain names cannot be used in connection with other content, products and/or services that are not owned by the Entity nor can they be used in any way that might cause confusion among end users or discredit the Entity.
This Legal Notice compiles the general conditions that regulate access, browsing and use of the Portal, and the contents within it without preventing the Entity from setting specific conditions that regulate the use, provision and/or contracting of the products or services that, when appropriate, might be offered through the Portal.
If use, provision and/or contracting of products or services are offered via the Portal, being used and/or requested by the User will also imply unreserved acceptance of the specific conditions that, when appropriate, were determined for this purpose, and that will form an integral part of this Legal Notice.
The Entity reserves the right to offer certain products or services exclusively to Users who have registered through the Portal and who explicitly accept any specific conditions that might be applied.
The Entity reserves the right to finish, change, suspend or interrupt, temporarily or indefinitely, at any time and without requiring prior notice, access to the products, services and/or content of the Portal, and the actual configuration of the Portal, provisions, products, services and contents, without the User being able to claim or require any type of compensation; specifically, concerning operations for maintenance, repairs, updates, improvements and/or adapting to technical, operating and/or legal changes. Once finished, the prohibitions, restrictions and limitations contained in this Legal Notice and/or any other applicable specific conditions will remain in force.
3. ACCESS AND USE OF THE PORTAL
Mere access to the Portal, use of the contents it offers, and completing forms, sending requests for information, enquiries, complaints and, in general, any similar act to the above (particularly if performed through existing means on the Portal) will, for anyone browsing the Portal, imply the User’s consideration and unreserved acceptance of each and every rule included in this Legal Notice. All Users must therefore read this Legal Notice carefully and be aware of its content.
Unless determined explicitly to the contrary, access to and use of the Portal by the Users is free of charge and unrestricted. Nevertheless, the Entity exclusively reserves the right to decide if access to and use of the products or services offered through the Portal will be free of charge or if, on the contrary, it decides to request economic compensation for this, in which case Users will be explicitly notified of the amount, form of payment and further applicable specific conditions before they come into force, so that the User can voluntarily withdraw from the access and/or use of products or services that imply paying any amount. Once the corresponding specific conditions have come into force, access to and/or use of the products or services by the User will imply that they have explicitly accepted the specific conditions.
The use, provision and/or contracting of the products or services that, when appropriate, might be offered by the Entity may be subject to prior formal requisites such as prior registration, filling in forms, formalising their subscription, paying expenses or fees and/or prior acceptance of the specific conditions applicable to them.
If the User must register for the use, provision and/or contracting of any product or service offered through the Portal, they will be liable for providing true and lawful information, guaranteeing the authenticity of any data that they enter when filling in the pre-set forms to access the corresponding products or services. If the User had to create a password when registering, they promise to use it diligently and keep it secret. Consequently, Users are responsible for the correct custody and confidentiality of any usernames and/or passwords provided by the Entity, and they commit to not ceding its use to third parties, temporarily or permanently, nor allowing its use by other people. It will be the User’s exclusive responsibility if any third party uses and/or contracts the products or services offered on the Portal, by illegitimately using a password or username supplied by the User, when this happens due to a non-diligent action from the User or if the User loses the password or username, unless the User notifies the Entity immediately.
By virtue of the above, the User must immediately notify the Entity about any issue that might incur undue use of the usernames and/or passwords, such as theft, loss or unauthorised access to them by third parties, in order to cancel them immediately. Unless this has been notified, the Entity will be exempt from any responsibility that might be derived from undue use of the usernames or passwords by unauthorised third parties.
In any case, access, browsing and use of the Portal and, when appropriate, use or contracting of products or services that will be offered through it, is the sole and exclusive responsibility of the User, so the latter must promise to diligently and faithfully abide by any additional instructions given by the Entity or by personnel authorised by the Entity, relating to use of the Portal and its contents.
Therefore, the User is obliged to use the contents, products and services diligently, correctly and lawfully, in compliance with the legislation in force and, particularly, they promise not to:
– Use them for purposes counter to the law, morals, generally accepted good practice or public order and instructions received from the Entity.
– Use them to damage the legitimate rights of third parties.
– Use the content and products obtained via the Portal or from the services, to send advertising or marketing messages for the purposes of direct sales or any other type of commercial objective, or unsolicited messages sent out to a large number of people irrespective of their purpose, and refrain from marketing or broadcasting this information in any way, except when the Entity explicitly authorises this beforehand.
4. RESPONSIBILITIES, GUARANTEES AND LIABILITY WAIVERS
The entity will not take responsibility, and to the maximum extent permitted by the applicable legislation, excludes any guarantees, explicit or implicit, relating to the merchantability, suitability for a specific purpose, noncompliance, accuracy, reliability, integrity or relevance 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 supplied relating to the Portal’s products or services is their sole and exclusive responsibility.
In particular, to the maximum extent allowed by the applicable legislation, the Entity does not guarantee or take responsibility for:
– Continuity of the Portal’s contents and/or the lack of availability or accessibility of the Portal or its technical continuity;
– Possible interruptions or errors when accessing the Portal, and technical problems or faults that might take place in the Internet connection.
– Absence of errors or inaccuracies in the contents, services or products.
– Absence of viruses and other damaging components on the Portal or its server;
– The invulnerability of the Portal and/or the impregnability of the security measures that it takes;
– The reliability and/or adaptation, for a specific purpose or aim, of the Portal, of the products or services included in it, and of the information published and/or supplied relating to these products or services.
– When appropriate, the lack of usefulness, benefit or yield from the Portal’s content or services.
– Damage that is caused to themselves or to a third party by any person who violates the conditions, rules and instructions that the Entity determines on the Portal or by violating its security systems.
– Any other damage that might be caused by reasons inherent to the Portal not working or working defectively or regarding websites to which, when appropriate, links might be made.
5. PROHIBITIONS AND RESTRICTIONS.
It is prohibited to communicate or circulate any content that infringes the rights of third parties and/or whose content is threatening, obscene, slanderous, pornographic, xenophobic, menacing the person’s dignity or the rights of children, the legality in force or any behaviour that incites or constitutes a criminal offence.
It is also prohibited for Users to include or communicate contents that are false or inaccurate and that mislead or might mislead others Users or personnel from the Entity, particularly content that is protected by any type of intellectual or industrial property, image or similar rights, belonging to third parties, when this leads to an infringement of the legislation in force, they do not have the authorisation of the holder of the rights, they diminish or discredit the Entity’s reputation or credit, are considered as a supposition of illicit, misleading or disloyal advertising and/or include a virus or any other electronic element that might damage or prevent operation of the Portal, the network, the computer equipment owned by the Entity or by third parties and/or access to the Portal for all other Users.
If the User infringes the above prohibitions/restrictions, or the Entity has or believes it has reasonable motive to suspect that a User has broken any of these rules, the Entity reserves the right to suspend or cancel the User’s account and deny them any access and use, current or future, to the products, services and/or the Portal (or any part of it).
6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the intellectual and industrial property rights on the Portal contents are reserved, and it is particularly prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any form all or part of the contents included in the Portal, for public or commercial purposes, without prior, explicit and written authorisation from the Entity or, when appropriate, from whoever holds the corresponding rights.
In no case can the User’s access and browsing of the Portal, and the access and use of the services and products on offer be understood as a withdrawal, transfer, licence or total or partial cession of the above rights by the Entity, except when the opposite is explicitly determined in the specific conditions that regulate use, provision and/or contracting of the products or services that, when appropriate, are offered via the Portal. Consequently, it is not permitted to delete, elude or manipulate the copyright warning and any other data identifying the rights of the Entity and its holders, included in the contents, and the technical protection devices, digital fingerprints or any information and/or identification mechanisms that they might contain.
References to names and commercial or registered brands, logos or other distinctive signs, either owned by the Entity or third-party companies, implicitly prohibit their use without prior, explicit and written consent from the Entity or its legitimate owners. In no case, except when explicitly manifested to the contrary, will access or use of the Portal and/or its contents convey to the User any right over the brands, logos and/or distinctive signs included in it.
Unauthorised use, exploitation and/or using of the Portal contents, and any similar act which might damage intellectual and industrial property rights, will lead to the legally-determined liabilities.
7.1 Links from the Portal to other websites.
The Entity can directly or indirectly offer links to resources or websites on the Internet that are outside the Portal. These links appear in the Portal for information purposes, and in no case is this an invitation to contract products and/or services that are offered or that might be offered in the landing pages or imply the existence of a dependency with the entity owning the landing page. In these cases, the Entity will not be responsible for determining the terms and conditions to consider when using, providing and/or contracting these services by these third parties and, therefore, it cannot be considered liable for them.
The Entity does not have the authority or human or technical resources to know about, control or approve all the information, contents, products or services provided by other websites to which links might be established from the Portal. As a consequence, the Entity cannot assume any type of responsibility for any aspect relating to the websites to which a link might be made from the Portal.
However, in the event that the Entity effectively discovers that the activity or the information sent from these links is illicit, constitutes a crime or might damage the goods or rights of a third party, it will act with the necessary diligence to remove or disable the corresponding link as quickly as possible.
In addition, if Users had effective knowledge of the illegality of the activities run through these third-party web sites, they should communicate it immediately to the Entity so that the latter can analyse the specific situation and, if need be, disable the link to access it.
To avoid any doubt, if there is a frame when entering a website featuring the Entity’s name or logo at the top, in no case does this imply that the Entity is the owner or holder of these websites, as the owners and holders of the websites will appear identified as such in them.
7.2 Links from other websites to the Portal.
If any User, entity or website wishes to establish any type of link into the Portal, the following requisites should be met:
The Entity should have provided its prior, explicit and written authorisation.
The link will only be able to send users to the Portal’s home page, unless something else is explicitly authorised.
The link must be absolute and complete, in other words, in one click it must take the User to the home page and it must cover the entire screen of the Portal’s home page. Unless the Entity authorises otherwise, in no case can the website from which the link is made be able to reproduce the Portal in any way, including it as part of its website or within one of its frames or create a browser on any of the Portal’s pages.
The website where the link is made cannot in any event declare that the Entity has authorised this link, if this is not the case. If the entity that makes the link from its website to the Portal correctly wishes to include the brand, denomination, commercial name, sign, logo or any other identification sign for the Entity and/or the Portal on its website, it must have previously received prior, explicit and written authorisation from the Entity.
In any case, the Entity prohibits setting up a link to the Portal from websites that contain materials, information or contents that are illicit, illegal, degrading, obscene, and in general, that contravene morals, public order, legislation in force, generally accepted social norms, if they damage the legitimate rights of the Entity or third parties or in any way might affect or damage the good image and reputation of the Entity.
When it is necessary for the User to register or provide personal data, they will be suitably notified about this need.
9. DURATION AND MODIFICATION
The Entity reserves the right to modify this Legal notice and/or the specific conditions that, in turn, have been established to the use and/or contracting of the products or services provided through the Portal, when necessary for the purposes of adapting to the legislative, business and/or technological changes. The updated texts will be valid and will take effect from their publication on the Portal or, when appropriate, once Users have been notified in the terms given in the aforementioned notification.
The time frame of this Legal notice therefore coincides with its exposure time, until it has been totally or partially modified, when the updated texts will come into force.
For any communication between the Entity and the User, the latter should contact the Entity using the contact details given above, preferably electronically. In any case, and unless the law explicitly determines otherwise, communication from the Entity to the User will preferably be carried out electronically, using the contact data provided for this. The User explicitly accepts the use of email as a valid procedure for information exchange and sending messages between and/or with the Entity.
11. GENERAL INFORMATION
The headers of the various clauses are merely for information purposes, and they will not affect, qualify or modify the interpretation of the Legal Notice.
If there is a discrepancy between what appears in this Legal Notice and the specific conditions that, when appropriate, will be determined regarding the products or services offered on the Portal, the specific conditions will prevail regarding the products and services subject to these specific conditions.
In the event that any provision or provisions from this Legal Notice are considered null or void, completely or partially, by any Court or competent administrative body, this invalidity will not affect the other provisions in the Legal Notice or the specific conditions that, when appropriate, might have been determined.
The fact that the Entity does not exercise a right or action recognised in this Legal Notice does not mean that it has been withdrawn, unless this has been acknowledged and agreed in writing by the Entity.
12. APPLICABLE LEGISLATION AND COMPETENT COURTS
This Legal Notice and any relations that emerge from its acceptance or related to it will be exclusively governed by the applicable Spanish legislation.
Explicitly rejecting any local law that might apply to them, the Parties agree to be exclusively subject to the jurisdiction of the courts of the city of Madrid (Spain), which will have exclusive competence to find out about and resolve any controversy that emerges or that is related to this Legal Notice and/or any relationship derived from accepting it. By this means, each of the parties provides their consent regarding the exclusive jurisdiction of these courts.