These Terms
of Use (hereinafter "General Conditions") govern, together with the
Privacy Policy, access and use by the user, of the wakeuppics.com website (hereinafter "Web Site
"). Through the acceptance of these Conditions, the User states:
a) That
he/she has read, and understood these general conditions and;
b) that
he/she assumes all the obligations stated herein.
The use of
the Web Site makes the condition of user to anyone using it, hereinafter the
"User") and implies acceptance of all terms included in the General
Conditions. The user must carefully read these Terms each time he/she access
the Web Site, as the Web Site and the General Conditions are subject to change.
The Website
Owner reserves the right to make, at any time and without notice, any changes
or updates to contents and services, to the General Conditions and to any
element conforming the design and configuration of the Web Site.
1. Web Site Overview
In compliance
with the provisions of Article 10 of Ley 34/2002, de 11 de julio, de servicios
de la sociedad de la información y de comercio electrónico, general information
of the Web Site is provided:
Holder (TERRITORIO CREATIVO SL
(hereinafter "TERRITORIO CREATIVO").
Tax
Address: (Alberto
Aguilera, 7 5 D CP28015 Madrid)
CIF.: (B81714214)
E-mail: (info@territoriocreativo.es)
Registration
details: Commercial
Register of Madrid, Tomo: (12 197); Folio: (28), Sheet (M-192 877)
Registration: (1st); Date: (June 2, 1997).
2. Terms of Use
2.1. Web Site Access
Access to the
Website is free, except for the cost of the connection through the
telecommunications network provided by the service provider contracted by the
user.
2.2. Need to Register
In general,
accessing the services and contents of the Web Site will not require the user
registration. However, the use of certain services and content may be subject
to prior registration.
In that case,
the data entered by the user must be accurate, current and truthful at all
times. The Registered User shall be responsible at all times keeping the
password, assuming responsibility for any damages arising from its misuse as
well as the transfer, disclosure or loss of it. To this end, access to
restricted areas and / or use of content and services conducted under the
password of a Registered User shall be deemed made by such Registered User, who
answer in every case of such access and use.
2.3. Rules for using the Web Site
The User agrees
to use the Web Site and all content and services as stipulated in the law,
morality, public order and the General Conditions. The user is also obligated
to make appropriate use of services and / or contents of the Web Site and not
to use them for illegal activities, that undermine the rights of others and /
or violate the regulations on intellectual property, or any other applicable
legal standards.
The User
agrees not to transmit, introduce, disseminate and make available to third
parties any such material and information (data, content, messages, pictures,
audio and video files, photographs, software, etc.) that are contrary to law,
morality, public order and the General Conditions. By way of example, and
without any limitation or exclusion, the User agrees to:
1. Do not introduce or disseminate
content or propaganda of racist, xenophobic, pornographic, terrorism or violate
human rights.
2. Do not introduce or spread in the
network data programs (viruses and malware) which can cause damage to computer
systems service provider, its suppliers or third users of the Internet.
3. Do not distribute, transmit or make
available to third parties any information or content that undermines
fundamental rights and public freedoms recognized in the Spanish Constitution
and international treaties.
4. Do not distribute, transmit or make
available to third parties any information or content that constitutes unlawful
or unfair advertising.
5. Do not transmit unsolicited or
unauthorized advertising, promotional materials, "junk mail",
"chain letters," "pyramid schemes" or any other form of
solicitation, except in those areas (such as commercial spaces) that have been
specifically designed to it.
6. Do not introduce or disseminate any
information containing false, ambiguous or inaccurate or misleading recipients
of information.
7. Do not impersonate other users using
their registry keys to different services and / or contents of the Web Site.
8. Do not to distribute, transmit or
make available to third parties any information or content element that is in
violation of intellectual property rights, patents, trademarks or copyrights
that apply to holders of the Web Site or third parties.
9. Do not to distribute, transmit or
make available to third parties any information or content element that is in
violation of the secrecy of communications and data protection legislation.
The User
agrees to keep Territorio Creativo away against any possible claim, fine,
penalty or sanction that may be obliged to bear as a result of a break by the
User of any of the terms of use outlined above. Territorio Creativo, also
reserves the right to seek compensation for damages as appropriate.
2.4. Exclusion of Liability
TERRITORIO
CREATIVO assumes no responsibility for updating this Web site to keep
information updated, or warrant that the information published is accurate or
complete. Therefore, the user must confirm that the information published is
accurate and complete before making any decision related to any services or
content described on this website.
User access
to the Web Site does not imply any obligation for TERRITORIO CREATIVO to
monitor the absence of viruses, worms or other harmful computer elements. The
User, in any case, must have adequate tools to detect and eliminate malicious
software.
TERRITORIO
CREATIVO is not responsible for the damage to software and hardware of the User
or third parties during the use of the services offered on the Website.
TERRITORIO
CREATIVO has no responsibility for any loss or damage of any type yo the User
as a result of failure or disconnection of telecommunications networks that
result in the suspension, cancellation or termination of the Web Site service.
2.5. Content and services linked
through the Web Site
The access
service to the Web Site includes site links, directories and even search tools
that allow the user to access other Internet sites and portals (hereinafter
"Linked Sites"). In these cases, TERRITORIO CREATIVO is liable for
the contents and services supplied on the Linked Sites as far as it knows the
illegality and has not disabled the link with due diligence. In the event that
the User considers that there is an unlawful or with inappropriate content
Linked Site, may inform TERRITORIO CREATIVO without, in any case, this
communication entailing the obligation to remove the link.
In any case
the existence of Linked Sites presuppose the formalization of agreements with
the managers or owners of that Linked Sites, or the recommendation, promotion
or identification of TERRITORIO CREATIVO with the statements, content or
services provided by them.
TERRITORIO
CREATIVO is unaware of the contents and services of the Linked Sites and
therefore not responsible for damage caused by the unlawfulness, quality,
unavailability, error or uselessness of the content and / or services of the
Linked Sites, or for any other damage not directly attributable to creative
Territory.
2.6. Intellectual property
All Web Site
content, eg. without limitation: text, photographs, graphics, images, icons,
technology, software, links and other visual or audio, and graphic design and
source code are TERRITORIO CREATIVO or third parties intellectual property. In
no case, can be interpreted any assignment of any of exploitation rights to the
contents by the current legislation on intellectual property to the User,
The
trademarks, trade names or logos are owned by TERRITORIO CREATIVO or third
parties. The access to the Web Site does note give any right conferring to
them.
The content,
freely posted by the user on other websites, and displayed on the Web Site is
subject to the conditions of use of such websites.
3. Nullity or inefficacy of clauses
If any clause
in these Terms and Conditions is declared fully or partially invalid or
unenforceable, such invalidity or unenforceability will affect only that
provision or part that is invalid or unenforceable. These Terms subsist in
everything else and that provision is considered wholly or partly not included.
4. Applicable law and jurisdiction
These Terms
shall be governed and construed in accordance with the laws of Spain.
TERRITORIO CREATIVO and the User agree to submit any dispute that may arise
from access and / or use of the Website, to the Courts of Madrid, Spain,
expressly waiving any other jurisdiction that may apply in case of being different,
always that the law don not provide otherwise.
