Carrer Ávila 24.28 M1
Telephone: + 34 93 221 04 56
• Contact email: firstname.lastname@example.org
1. PURPOSE AND SCOPE
In the course of it’s business ” Gatrooms” this has enabled the present webapp with the objective that it will become a channel to inform and provide its’ customers aspects related to their activity/business, products and services.
The customer’s use/users of any of the Services of this webapp constitutes it express adherence and acceptance of all the General Terms and Individual Use in the published versions herein the present webapp at the time the user accesses it same as the acceptation express acceptance of the terms and conditions that, in its case, apply.
2. TERMS OF ACCESS AND USE OF THE WEB APP.
2.1 User and Client Status Condition
The entry to the webapp represents the acceptance of the general terms and conditions of use and
2.2 – Need of Register
Generally for users to access the information and services published in thewebapp User Registration will not be required. However the viewing of determined information and/or announcements or services of the webapp and the contracting through the same determined services, that may be subject to the customers prior registration.
2.3 Use of the webapp and its Services by Users and Client
The Users and Clients acknowledge and agree that the use of the content and / or services offered by the webapp are at your sole risk and / or responsibility.
(i) Not include or disseminate content, images, propaganda or publications where minors apear, which include sexually explicit content, images of other people or faces of parties who have not given consent or that don’t intervene in the advertiser’s ad, photos or images from third parties even though they have been obtained in public places.
(ii) Not include or disseminate content or propaganda of a racist or xenophobic nature, that justify terrorism or that violates human rights.
(iii) Not insert or spread in the network data programs (viruses and damaging software) that could cause damage to the computer systems of the access provider, ‘its suppliers or third users of the Internet.
(iv) Not diffuse, transmit or make available to third parties any information or content element that undermines fundamental rights and public freedoms recognized constitutionally and in international treaties.
(v) Not disseminate, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.
(vi) Not transmit unsolicited or unauthorized advertising or unsolicited content or advertising material, “junk mail”, “chain letters,” “pyramid schemes” or any other form of solicitation or inducement.
(vii) Not insert or disseminate any information, images and false content, ambiguous or inaccurate so as to mislead the recipients of the information.
(viii) Not impersonate other users using their registry keys in the different services and/or contents of the webapp.
(ix) Not disseminate, transmit or make available to third parties any information, element or content that suppose a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that corresponds to the webapp holders or third parties.
(x) Not disseminate, transmit or make available to third parties any type of information. element or content that involves a violation of the secrecy of the communications and the legislation of personal data.
(xi) Not include in the webapp contents that indicate or promote sexual, racial, religious discrimination or any other breach of fundamental rights and freedoms recognized by the laws of Spain; that induce or incite to act illegally or lead to erroneous conclusions by inaccuracy, omission or similar; that contain false or outdated information; that violate laws or regulations about the secrecy of communication, intellectual property, right to honor and personal privacy, or that incorporate content, messages or violent and degrading products.
3. INTELLECTUAL AND INDUSTRIEL PROPERTY
The Users and Clients recognize that all the elements of the webapp and each of its services provided through itself, the information and materials contained in it, its image, the structure, selection, arrangement and presentation of its content, the computer programs used in connection with it, the management programs, colors, images, names, ideas, etc…are protected by copyright intellectual property rights owned by Gatroomsor parties that this company has hired.
Unless it was specifically authorized by Gatroomsor, in that case, by other owners of the corresponding rights, or unless that results legally permitted, users and customers may not reproduce, alter, modify, disassemble, carry out reverse engineer, distribute, rent, lend, make available or allow public access through any means of public communication of any of the elements mentioned in the previous paragraph.
In particular the use of texts, images, ads and any other elements included in this webapp is strictly prohibited for later inclusion, in total or partial form in other outside sites or external webapps to the present one without the prior written permission of Wintry Fine Wines.
The Users and Clients must not remove the identifying signs of the rights (intellectual and industrial property or otherwise) of the webapp or third parties appearing in the webapp and in each of the various services offered through it.
The users and clients must refuse to evade or manipulate any technical devices established by the webapp or third parties, either in the Channel, or any of the Services or in any of the materials, items or information
obtained through it, to protect their rights. The Users and clients authorize the reproduction, distribution public communication and in any other form commercially exploit the photographs inserted in this webapp or
in the use of any of our services, as well as add watermarks or other distinctive sign Gatroomshad convenient to prevent not consented use by third parties.
4. DISCLAIMER OF WARRANTIES. RESPONSIBILITY
4.1 Availability and Continuity of the Channel and of the Services
In no event Gatroomsguarantees the availability, access and continuity of the functioning of the webapp and its services.
Nor will Gatroomsbe responsible, with the established limits in the current law, for the damages caused in Users and/or clients as a result of the unavailability, failure of access and lack of continuity of the webapp and its Services.
4.2 Content and Services of the WEB APP
Gatroomswill respond only and exclusively for the information and services that it provides and its contents directly generated and originated by Gatroomsand identified with their activity and copyright. Such liability shall be excluded in cases of force major or in cases where the configuration of the
hardware of the Users or clients are not the appropriate ones for the proper use of Internet services provided by Wintry Fine Wines.
In any case, the possible liability of Gatroomstowards users and/or clients for all the concepts will be limited as a maximum to the quantities of the sums paid directly by users and/or clients by Wintry Fine Wines, excluding in any case of all responsibility for indirect damages or for lost profits.
Gatroomsis not to be held responsible for maintenance by third parties (such as those illustrated here, and in any limitation or exclusion: websites, aggregators, payment platforms, social networks or blogs) once their information and ads are disenrolled from the information in our databases.
Gatroomsis not responsible of the possible occurrence of ads indexed in search engines outside the webapp, once they have withdrawn from our databases.
4.3 Ads, Contents and Services published by third parties on the Channel
Gatroomshas no obligation or previous control, doesn’t approve or make its own content, services, opinions, communications, data, files, products, images and/or any other type of customer information, third parties, legal or natural people, public or private, collected in the webapp. Thereof thus does not guarantee the legality, reliability, usability, veracity, accuracy, completeness and timeliness of the ads, content, information and Services published in the webapp by others.
Gatroomsdoesn’t control previously and doesn’t guarantee the absence and lack of viruses or other elements in the Content and services published or provided by third parties through the webapp that may introduce alterations in the computer system, electronic documents or files of the users.
Gatroomsis not be responsible nor indirectly or subsidiarily, for the damages of any kind arising from the use and contracting of Contents and Services from third parties through the webapp and as the lack of legality, reliability, usability, reliability, accuracy, completeness and timeliness of thereof. With expository character and in no way limiting, it will not be responsible for damages of any kind arising from: (a) the infringement of the rights of intellectual and industrial property and the defective performance or breach of contractual commitments acquired by third parties; (b) the performing acts of unfair competition and illegal advertising; (c) the inadequacy and defrauding of expectations of the Services and Contents publicized by third parties; (d) the vices and defects of all types of third-party services and contents provided through the webapp.
Gatroomswill not be responsible nor indirectly nor subsidiarily, for damages or prejudices of any kind arising from the negligent or malicious use of email accounts or personal character data used for any type of insertion, communication, management or performance in the webapp.
Gatroomswill not be responsible nor indirectly nor subsidiarily, for the damages and prejudice of any kind caused to the Users or clients due to the presence of viruses or other elements in the content and provided Services by third parties that may cause alterations in the computer system, electronic documents or files from users or clients.
The disclaimer referred to in the preceding paragraphs shall apply in the case that Gatroomshas no actual knowledge that the activity or the stored information is unlawful or harms property or rights of third parties liable for compensation, or if they did they would make their best efforts to remove the data and content or block the access to them. It is assumed in any case that Gatroomshas acted in all times diligently until it does not obtain in writing and in has sufficient and irrefutable explicit proof of the wrongfulness of material published in the webapp.
4.4.- Conduct of the Users and of the clients
Gatroomsdoes not guarantee that the Users and clients of the webapp using the content and/or services of the same in accordance with the law, the morality, the public order, or these General Terms and, in the appropriate case, the Particular Terms that may result from their application. It also does not guarantee the accuracy and accuracy, completeness and/or authenticity of the data provided by Users and/or clients.
Gatroomswill not be responsable, indirectly or subsidiarily, for damages and prejudice of any kind arising from the use of the Services and Contents of the webapp by the Users and/or clients or that can likely result from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by them, or the impersonation of a third party by a User or client in any action through the webapp. As an expository title put not limited, Gatroomswill not be indirectly or secondarily liable of: (a) the content, information, opinions and statements of any User, client or third persons or entities that communicate or display through the webapp; (b) the damages caused to third parties arising from the use by the Users and clients or any third party of the services and contents of the webapp; (c) The damages caused by lack of truthfulness, accuracy or inaccuracy of the identity of the users and clients and all information they provide or make accessible to other users or clients through webapp; (d) of the damages arising from violations of any user or clients affecting the rights of other user or client, or third parties, including the rights of copyright, trademark, patents, confidential information and any other intelectual or industrial proprietary right.
5. CONTRACTS WITH CLIENTS OR THIRD PARTIES THROUGH THE CHANNEL.
The Users and clients recognize and accept that any contractual or extra-contractual relation which, if any, formalizes with users and/or clients, advertisers or third parties contacted through the webapp, and their participation in contests, promotions, sale of goods or services that may be offered in this webapp, are understood to be made exclusively between the User and the advertiser and/or third party client. Consequently, the User and /or client accepts that Gatroomsdoesn’t asume any type of responsibility for damages or prejudice of any kind incurred as a result of their negotiations, conversations and/or contractual or non-contractual relations with clients/advertisers or third natural or legal persons contacted through the webapp.
6. TECHNICAL LINK OF TEXT LINKS
This webapp can make available to clients (especially enabled for this) technical links and search tools that allow the Users and clients to access the web pages owned by other entities (text links).
The client adequately authorized acknowledges and agrees that the use of the contents of the linked websites shall be at their sole risk and responsibility and exonerate Gatroomsof any liability on technical availability of the linked websites, quality, reliability, accuracy and/or veracity of the services, information, elements and/or contents that the client can
access therein and in the search directories included in the webapp.
Gatroomswill not be responsible indirectly or Alternatively for any damages or prejudice of any kind arising from: (a) the operation, unavailability,inaccessibility or lack of continuity of the pages linked website and/or search directories available; (b) lack of maintenance and updating of the content and services contained in the pages on the linked websites; (c) lack of quality, inaccuracy, illegality, uselessness of the content and services on the website linked.
The exoneration of responsibility referred to in the preceding paragraphs shall apply in the case that Gatroomsis not aware of the actual knowledge that the activity or information to which it refers is lawful or that harms property or rights of a third party liable for compensation or, if had, move swiftly to remove data and content or block their access.
7. POLICY OF PRIVACY AND PROTECTION OF PERSONAL DATA
7. 1. Introduction
The confidentiality of your personal data is a fundamental aspect for us. This policy is aimed to explain how and for what purposes we use the information collected about you. through the webapp. Please read this document carefully about Policy of Privacy and data protection. By using the WEBAPP and the services
In case of doubt or questions regarding this policy, please contact us by sending an e-mail to email@example.com
7.2 Use of the information
The information that you facilitate will be strictly used for the following purposes as corresponded:
− processing your request;
− verifying your identity;
− sending the Newsletter or other information about our activities, products and
− conducting an analysis of marketing and general improvements to our business and
corporate media used (Web, Webapp, Newsletters, mailings,…);
− collecting your views and opinions about the services we provide.
7.3. Protection of personal data.
The personal data received by Gatroomsin hiring their services and/or through this webapp will be treated with the strictest confidence.
In compliance with Organic Law on Protection of Personal Data (LOPD) we inform you that your personal data is included in files owned by Gatroomsin order to manage correctly the services Gatroomsoffers, answer queries that the users and clients can formulate, inform the clients and users of other services that could create Wintry Fine Wines, and for commercial and statistical purposes.
Your data may also be retained in the files of our company to properly manage future services we can offer and keep you informed of all our activity at all times, and to carry out a commercial follow up. Furthermore, your data can also be transferred and processed by the financial entities the company works with to effect your timely receipts and payments; by the Spanish government that requires it; and, in general, for any other purpose necessary and implicit for the normal development of the activity offered by Wintry Fine Wines.
7.3.2. Rights of access, rectification, cancellation and opposition
• Gatroomstarget and possessing entity of data, undertakes to respect and facilitate the exercise of rights of access, rectification, cancellation and opposition legally appropriate. To exercise these rights and for any clarification, the owner of the data can address through written communication to firstname.lastname@example.org
indicating Ref. Data Protection.
The failure to complete the mandatory fields or the provision of incorrect data should preclude proper treatment of your data, exonerándonos of any liability.
Any alteration that the users or clients suffer in personal data that they have provided to the Company, shall be communicated to the company as soon as possible. The Users or clients can update their data anytime in the section “Modifying Data” of this website.
7.3.3. Security in the treatment, computer processing and data escrow
Gatroomsrepresent and warrant that IT keeps security levels of protection of personal data in accordance with Royal Decree 1720 /2007 of the 21 December amending the regulation implementing the Organic Act is approved 15/1999 of the 13 December on the Protection of Personal Data, which has established that all the technical means at your disposal to prevent the loss, misuse, alteration, unauthorized access and theft of data provided by the users, without prejudice to inform that Internet security measures are not foolproof.
(a) Prevent having to re-register every time you surf the wepapp page, and
(b) disclose the use of our webapp to improve and update their content.
7.5. Links to web pages or outside WEB/WEBAPP
Gatroomsis not responsible for privacy policies or practices from outside websites or webapp even when the link has been provided by our own webapp. We strongly recommend that to carefully read the policy of each website or webapp where one browses and to get in contact with the owner or responsible in the case of doubt or question.
Also, if you get the link to our webapp via an outside page we are not responsible for the privacy policies or practices of that page. We recommend that you read the policy of that page carefully and get in contact with the owner or responsible in case of doubt or question.
7.6. Contact Us
Gatroomsreserves its right to make such changes that it deems appropriate, modifying, deleting and including, unilaterally and without previous notice new content and/or services and how these appear presented and located.
8.2 Right to exclusion
9. DURATION AND TERMINATION
The provision of services and/or contents of the webapp have an indefinite duration. Without limiting the foregoing, Gatroomsis empowered to terminate, suspend or finish unilaterally at any time and without any previous notice, the service it provides and the webapp and/or any of the services, without prejudice to the provisions it had regarded in the corresponding particular conditions of the contracting.
10. LAW AND JURISDICTION
All the questions concerning the webapp are regulated by the Spanish Laws and subjected to the jurisdiction of the Courts and Tribunals of Spain.