#1. IDENTIFICATION DETAILS
In compliance with the duty of information contained in Article 10 of Law 34/2002, of 1 11 July, on Information Society and Electronic Commerce Services, the following data are reflected below: the owner of the web domain is David Callau Gené. (hereinafter Desearte), with address for this purpose at Calle Drassanes, 8 Tax ID (NIF) number: 39886581G registered in Tarragona. Contact e-mail: firstname.lastname@example.org from the website.
The access and/or use of this Desearte portal attributes the condition of USER, who accepts, since the time of access and/or use, the General Terms and Conditions of Use shown herein. The aforementioned Terms and Conditions shall be applicable regardless of the General Contracting Terms and Conditions that may be mandatory
#3. PORTAL USE
www.desearte.es provides access to a multitude of information, services, programmes or data (hereinafter, “the contents”) on the Internet belonging to Desearte or its licensors that the USER may have access to. The USER takes responsibility for the use of the portal. This responsibility extends to the registration required to access certain services or content.
In this registration the USER will be responsible for providing truthful and lawful information. As a result of this registration, the USER may be provided with a password that he/she will be responsible for, committing to making diligent and confidential use of it. The USER undertakes to make appropriate use of the contents and services (such as chat services, discussion forums or news groups) that Ensalza SL offers through its portal and including but not limited to, not to use them to (i) incur in illegal or unlawful activities or contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, of apology of terrorism or undermining human rights; (iii) cause damage to the physical and logical systems of Ensalza, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems on the network that may cause the aforementioned damage; (iv) attempt to access and, where appropriate, use other users’ e-mail accounts and modify or manipulate their messages.
Ensalza reserves the right to withdraw all comments and contributions that violate respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, that offend youth or childhood, order or public security, or that, in their judgement, are not suitable for publication. In any case, Desearte will not be responsible for the opinions expressed by users through the forums, chats, or other participation tools.
#4. DATA PROTECTION
Desearte complies with the directives of Organic Law 15/1999 of 13 December on Personal Data Protection, Royal Decree 1720/2007 of 21 December approving the implementing Regulations of the Organic Law and other regulations in force at all times and ensures the correct use and processing of the user’s personal data.
For this purpose, together with each form to collect personal data, in the services that the user may request from email@example.com, the user will be informed of the existence and acceptance of the special terms and conditions of the processing of his or her data in each case, informing him or her of the data controller of the file created, the address of the data controller, the possibility of exercising his or her rights of access, rectification, cancellation or opposition, the purpose of the processing and communications of data to third parties, if applicable.
Desearte also informs you that it complies with Law 34/2002 of 11 July on Information Society and Electronic Commerce Services and will ask your consent to the processing of your e-mail for commercial purposes at any time.
#5. INTELLECTUAL AND INDUSTRIAL PROPERTY
Desire itself or as an assignee, is the owner of all the intellectual and industrial property rights of its website, and of the elements contained in it (for example, images, sound, audio, video, software or texts; trademarks or logos, combinations of colours, structure and design, selection of materials used, computer programs required for its operation, access and use, etc.), ownership of Desearte or its licensors.
All rights reserved. Under the provisions of the second paragraph of Articles 8 and 32.1 of the Intellectual Property Law, it is expressly prohibited to reproduce, distribute and publicly disclose, including any means of making available, all or part of the contents of this website for commercial purposes, in any format or by any technical means, without the authorization of Desearte. The USER agrees to respect the Intellectual and Industrial Property rights owned by Desearte. You may view the elements of the website and even print, copy and store them on the hard drive of your computer or any other physical format provided it is solely and exclusively, for personal and private use. The USER shall refrain from deleting, altering, evading or manipulating any protection device or security system installed on the pages of Desearte.
#6. EXCLUSION OF GUARANTEES AND LIABILITY
Desearte is not responsible, in any case, for any damages of any kind that may be caused, but not limited to: errors or omissions in the contents, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the contents, despite having taken all necessary technological measures to prevent it.
Desearte reserves the right to make the unannounced changes it deems appropriate to its website, and may change, delete or add both the content and services provided through it as the way in which they are presented or located on its portal.
In the event that links or hyperlinks to other Internet sites are available on www.desearte.es, Desearte will not exercise any type of control over such sites and content. In no event shall Desearte be liable for any contents of any link whatsoever belonging to a third party website, nor shall it guarantee the technical availability, quality, reliability, accuracy, completeness, truthfulness, validity and constitutionality of any material or information contained in any such hyperlink or other Internet site.
Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
9. RIGHT OF EXCLUSION
Desearte reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to users who do not comply with these General Terms and Conditions of Use.
Desearte will prosecute the breach of these terms and conditions and any misuse of its portal exercising all civil and criminal actions that may legally correspond thereto.
#11. MODIFICATION OF THESE TERMS AND CONDITIONS AND DURATION
Desearte may modify at any time the terms and conditions established herein, being duly published as they appear here.
The validity of the aforementioned conditions will depend on their exposure and will remain in force until duly published.
#12.APPLICABLE LAW AND JURISDICTION
The relationship between Desearte and the USER will be governed by current Spanish legislation and any dispute will be submitted to the Courts and Tribunals of the city of Tarragona.