PURPOSE OF THE TERMS OF SERVICE
1.1. The purpose of the Terms set forth herein is that of governing access to and utilisation of the Web Site. For the purposes of the Terms of Service set forth herein, Web Site shall be understood to mean:
(a) The look and feel of the interface, both static and dynamic (i.e., the navigation tree).
(b) The elements composing both the screen interfaces and the navigation tree, including but not limited to, any text, images, sounds, data bases, multi-media products, interpretation, artistic renderings, fixed images, photographs, radio diffusion signals and, in general, all and any creations and objects expressed through any medium or support, either currently known or which may be invented in the future, whether or not these are protected by the legal code in force for intellectual property or industrial issues or any other analogous legal systems (hereinafter referred to as the "Content") and all those services and resources on line which, if this be the case, are offered to users (hereinafter referred to as the "Services").
1.2. ILAMPARAS.COM reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and its Content and Services contained therein. The user acknowledges and accepts that ILAMPARAS.COM may, at any time, discontinue, de-activate and/or cancel any of the Services and/or Content making up the Website.
3.1. For the correct use, visualisation and implementation of certain Content and Services of the Website, the user may need to download, in his or her computer equipment, certain computer programmes or other logical elements.
3.2. The installation cost of these shall be borne by the user, and ILAMPARAS.COM hereby declines any kind of liability which may derive from this.
3.3. The user undertakes to abstain from accessing the Content and/or Services of the Website by any means other than that of the screen interface provided by ILAMPARAS.COM for such purpose.
4.1. In order to access certain Content or Services, ILAMPARAS.COM may require that a registration form be filled in and sent. In this case, the user must provide the information requested. In respect of the registration process, the user undertakes to: facilitate true, exact and complete details of his or her identity and update these registration details in such manner that they remain true, exact and complete. A user may not select as user name or password any word and/or expression which, in general, may contravene the law or normal moral demands and generally accepted good conduct, nor, in general, any word and/or expression upon which any right is held excluding utilisation by the user of same. To this end, the user may not select words or expressions which are rude or offensive, insulting, slanderous or in any way identical or similar to, or any manner coincide with, distinguishing signs, trade names or names, surnames, artistic names and/or pseudonyms of third parties. Should the user facilitate any false, inexact or incomplete data, or should ILAMPARAS.COM have sufficient cause to suspect that such information is false, inexact or incomplete, or if this information were contrary to law or moral demands or generally accepted good conduct, pursuant to the provisions of the foregoing paragraph, ILAMPARAS.COM shall be entitled to cancel such registration and deny access and use, in the present or in the future, to the Website or to any of the Content or Services incorporated therein.
4.2. The user undertakes to make diligent use of his or her user name and password, as well as to maintain such words in confidentiality. User agrees to be entirely responsible for any and all activities that may take place through the use of such user names and password.
4.3. The user may cancel and de-activate his or her registration at any time, using his or her user name and password. The user hereby acknowledges and accepts that ILAMPARAS.COM reserves the right to cancel any registration de-activated for and unreasonable length of time.
5.1. The user hereby undertakes to use the Website and the Content or Services incorporated therein in a diligent and correct manner. Likewise, the user undertakes to abstain from using the Website:
a) to carry out activities contrary to law, ethics, generally accepted good conduct or established public order, and
b) for illicit, prohibited or harmful purposes or effects. ILAMPARAS.COM hereby declines any liability which could derive from the foregoing.
5.2. The user acknowledges and accepts that he or she shall make use of the Website and the Content and/or Services incorporated therein for strictly personal, private and particular purposes. The user is hereby strictly forbidden to authorise third parties to totally or partially use the Website, or to introduce, or incorporate as or into, his or her own commercial activities, the Content and/or Services therein incorporated. The use or application of any technical, logical or technological resources pursuant to which users may benefit, directly or indirectly, with or without profit, from non-authorised exploitation of the Content and/or Services or the Website itself is hereby strictly prohibited.
5.3. The user undertakes not to damage, render useless, overload or deteriorate the equipment and computer or telecommunications systems of ILAMPARAS.COM or any third party, or the content incorporated and/or stored in same.
5.4. The user undertakes to abstain from using the Content and Services in any manner which could damage, render useless, overload or deteriorate the Website or impede normal utilisation or enjoyment of the same by other users.
5.5. The user undertakes to abstain from modifying the equipment and systems of ILAMPARAS.COM in any manner whatsoever, and from using modified versions of equipment and systems with a view to obtaining non-authorised access to any Service and/or Content of the Website.
5.6. The user undertakes not to interfere with or interrupt access to and use of the Website, servers or networks connected to same, or fail to comply with the requirements, procedures and regulations governing internet connection policy.
6.1. The user acknowledges and accepts that the Content and Services of this Website have an advertising and/or commercial purpose. It is important that the user undertakes that the visualisation of the Content and Services through the Website may produce false impressions.
6.2. The user acknowledges and accepts that any detail of an economic-financial-strategic nature in relation to ILAMPARAS.COM (hereinafter referred to as “Corporate Information”) appears for merely informative purposes.
6.3. Information provided by third parties
a) The Website may include information or content facilitated by other sources other than ILAMPARAS.COM, including the users of the Website themselves. ILAMPARAS.COM does not guarantee, nor does assume, any liability whatsoever for the certainty, integrity or exactness of such information and/or content, including any situation where defamatory, offensive or illicit elements exist.
b) At all events, and without prejudice to the foregoing, remittal by third parties of information and/or content of the publicly accessible sections of this Website through electronic mail or any other means shall imply the granting in favour of ILAMPARAS.COM of a non-exclusive licence, with no time limit, world-wide and at no cost, to reproduce, store, edit, modify, publish, incorporate in data bases, publicly notify, in whole or in part, such information or content owned by the user on the Website, in any form or by any other means or technology. ILAMPARAS.COM reserves the right, at its own sole discretion, to edit, reject or eliminate the aforementioned information and/or content.
c) The user acknowledges and accepts that ILAMPARAS.COM may retain and reveal the information it stores or places at the disposal of third parties on the Website, provided that this is:
6.3.c.1. required from them by the competent authorities and official organisms;
6.3.c.3. convenient or necessary to contest claims relating to violation or infringement of rights; or
6.3.c.4. advisable or necessary to protect the legitimate interests of ILAMPARAS.COM, its users and the public in general.
7.1. The Website of ILAMPARAS.COM may place at the disposal of users’ technical mechanisms for links, directories and search engines, which allows them to access web pages belonging to or managed by third parties.
7.2. The installation of such links, directories or search engines on the Website has the sole purpose of facilitating the users with search and access to the information, the content and the services available on the Internet.
7.3. Establishment of a link does not necessarily imply the existence of a relationship between ILAMPARAS.COM and the proprietor of the web page with which the link is established, nor acceptance and approval on the part of ILAMPARAS.COM of its content or services.
7.4. Unless expressly otherwise stated, neither ILAMPARAS.COM itself nor any third party either offers or markets the information, content and/or services available on the pages to which it provides a link, nor does it control, approve or oversee them or make them its own. The user, therefore, must take extreme precautions when evaluating and using the information, content and services contained in the pages to which such link is provided.
7.5. To the extent that this website contains links to outside websites over which ILAMPARAS.COM does not have any control whatsoever, the user acknowledges and accepts that ILAMPARAS.COM shall not be held responsible for the contents and the services that they may access in said pages, nor for any products commercialised in same.
8.1. Unless law expressly provides otherwise, or unless expressly otherwise stated, the user hereby expressly and acknowledges and accepts that ILAMPARAS.COM grants no guarantee of any nature, be this express or implicit, in respect of the Website or the Content and Services incorporated therein, including but not limited to:
8.2. The user is aware of, and voluntarily accepts, that use of the Website, the Services and the Content takes place, in all cases, at his or her own risk, for which reason he or she shall adopt all measures necessary for the purposes of minimising risks, including any security measures which may be necessary to guarantee anti-virus and data recovery procedures. Thus, unless law expressly dictates otherwise and exclusively insofar as this is imposed, ILAMPARAS.COM neither guarantees nor assumes any responsibility whatsoever in respect of access to and use of the Website and its Content and/or the Services incorporated therein.
Without prejudice to the foregoing, ILAMPARAS.COM shall not be liable for delays or faults produced in access to, functioning and operating of the Website, its Content and/or Services, nor for any interruption, suspension or faulty functioning of the same whenever this is caused by breakdown due to natural catastrophes such as earthquakes, floods, lighting or fire, situations of force majeure, situations of extreme emergency such as war, military operations, civil disturbance, strikes, closures by management or any other situation of force majeure or fortuitous cause.
10.1. In order to use or access certain Services and/or Content, ILAMPARAS.COM may require users to fill out certain registration forms which necessarily entail the facilitating of certain details of a personal nature. ILAMPARAS.COM shall treat such details in accordance with the purposes and on the terms described in each case.
10.2. When filling out and sending any form incorporated in the Website, the user hereby expressly consents to and authorises ILAMPARAS.COM to collect, automate or handover, according to each case, details of a personal nature requested from the company, according to the purposes and on the terms described in each case.
10.3. ILAMPARAS.COM has adopted and shall adopt all and any technical and organisational security measures which are compulsory under current legislation and the quality standards existing within the sector, with a view to guaranteeing maximum security and confidentiality of communications. ILAMPARAS.COM guarantees that inspections to avoid any breach of security or other negative consequences exist, adopting the most adequate organisational and technical procedures with a view to minimising such risks. Irrespective of the foregoing, the user acknowledges and accepts that security measures in Internet are not indefeasible. The networks used in Internet are not safe and any communication sent through this means can be intercepted or modified by unauthorised persons. Despite the foregoing, ILAMPARAS.COM hereby warns that the current state of technology does not guarantee non-violation of security systems or the inviolability of communications when these are transported through any telecommunications networks. Hence, ILAMPARAS.COM cannot guarantee the full privacy and safety of the utilisation of the Website and its Content and/or Services nor, in particular, that unauthorised third parties may not become aware of the type, conditions, characteristics and circumstances of the use made by users of the Website and its Content and/or Services.
11.1. Governing Law. This Website, as well as its Content, Services and elements, are the property of or fall under the control of ILAMPARAS.COM, and are protected, with no limitation whatsoever, by the intellectual property and industrial laws of the kingdom of Spain, and by any applicable international Treaties and Conventions.
11.2. ILAMPARAS.COM Proprietary Rights. ILAMPARAS.COM holds exclusive good title to the intellectual property and industrial property rights and any other analogous right inherent to the Website. Likewise, ILAMPARAS.COM reserves the rights over any Content, Services or elements it owns and which are incorporated in the Website, including but not limited to:
All of the foregoing shall be collectively referred to hereinafter as the “Property”.
11.3. Property of third parties. The user acknowledges and accepts that Content and Services owned by third parties are accessible on the Website. Rights of third parties are protected by the applicable legislation of the following rights: intellectual and industrial property, commercial exploitation, publicity value of image and other analogous rights.
11.4. Rights reserved. The user undertakes to abstain from withdrawing, removing, manipulating or in any other manner modifying:
a) Any notes, legends, indications or symbols which ILAMPARAS.COM may incorporate in their properties in matters concerning intellectual or industrial property (such as, for example, copyright, ©, ®, and ™, etc.).
b) The technical data protection or identification systems which may be contained in the Content, such as: water marks, digital finger prints, etc.
12.2. ILAMPARAS.COM hereby authorises all users to access and navigate the Website, using the Services and visualising the Content incorporated therein.
12.3. Users are not authorised to copy, distribute (including electronic mail and Internet), transmit, communicate, modify, alter, transform, transfer or in any other manner display activities entailing the commercial use of: the Website, its pages, Content or its integrated elements, be this partially o totally, without the express written consent of the legitimate owner of the exploitation rights. Whenever ILAMPARAS.COM expressly authorises so in writing, the user may download one sole copy of the Content. At all events, the licence for use recognised in this point may, in no case whatsoever, be handed over or transferred to third parties.
12.4. Access, viewing and, if this be the case, downloading of the Content and/or Services shall in each and every case be carried out for strictly personal, and not commercial, purposes.
12.5. ILAMPARAS.COM reserves all rights over the Property, including, but not limited to, all intellectual and industrial property rights it holds over the same. ILAMPARAS.COM grants no licence or authorisation for use whatsoever to the user in respect of its Property other that expressly detailed in this clause.
Users and, in general, all those people who intend to establish a link between their web page and the Website, must comply with the conditions listed hereunder. Any intention to establish a link in any manner other than that stipulated in this clause shall require prior written acceptance from ILAMPARAS.COM:
(a) The link will only allow the direct access to the home page of this Website.
(b) Users may not reproduce, nor totally or partially imitate, the content of the Website nor its illustrated graphic appearance, (“look and feel”), nor may he or she produce frames (“frames”) nor assembled links (“link inline”) of ILAMPARAS.COM pages.
(c) No browser, frame or navigation bar or environment may be created on the Website pages.
(d) No false, inexact, incorrect or denigrating statement may be made in respect of the Website, ILAMPARAS.COM or any other ILAMPARAS.COM Property and, in particular, nor shall it be stated or given to be understood that ILAMPARAS.COM collaborates with or is a collaborating partner of, or has in any other manner supervised or assumed in any way, the content or services offered or placed at the disposal of the web page to which the link is established.
(e) The web page to which the link is established shall not contain any trade mark, commercial name, notice of establishment, denomination, logotype, slogan or other distinguishing sign which are the property of ILAMPARAS.COM, with the exception of those signs forming part of the same link or other Property which held a prior written licence from ILAMPARAS.COM
(f) The web page to which the link is established shall not contain any information or content which may be illicit or contrary to morals and generally accepted ethical conduct and public order. The web page shall not contain either any content or services contrary to any third-party rights.
The user shall be under obligation to immediately modify or withdraw from his or her web page any Property of ILAMPARAS.COM, or to withdraw any link to the Web Page when so required by ILAMPARAS.COM.
Should any user or third party consider that events or circumstances exist which reveal the illicit nature of the utilisation of any content and/or services, or engagement in any illicit activity in the pages included on the Website or through the Services rendered, he or she may contact the Legal Department at the registered offices of ILAMPARAS.COM indicated above, facilitating the following information:
(a) The name, surnames, national identity card number, address, telephone number and electronic mail address of the claimant, as well as, if this be the case, the signature of the holder of the rights supposedly infringed or, should this be the case, of the person authorised to act on his or her behalf and representation.
(b) Identification of the supposedly illicit activity in question, and, in particular, whenever dealing with a supposed violation of intellectual and industrial property rights, and a precise detailed description of the content protected, as well as its exact location.
16.1 The legal relationship deriving from access to and utilisation of the Website, as well as the Content and Services incorporated therein, shall have an indefinite life term. Likewise, any of the parties may unilaterally terminate or suspend this contractual relationship at any time, with no more cause than his or her own wish to do so.
17.2 ILAMPARAS.COM may assign, transfer, encumber or subrogate in favour of third parties, totally or partially, the rights and obligations assumed pursuant to the contractual relationship expressed herein, as well as the contractual relationship, to any third party, it being understood hereby that the user grants sufficient authorisation to this effect.
Right at the moment of the first transference of data, the responsible of that data file shall inform about it to the person affected. The responsible will indicate the purpose of that file, the nature of the data that has been transferred and the name and address of the assignee. The personal data shall be only transferred to a third party for purposes directly related to the legitimate functions of the assignor and the assignee with the previous consent of the person concerned.
18.1 The Website is operated and controlled by ILAMPARAS.COM from its offices in Spain. Consequently, all and any matters which may derive from access to and/or utilisation of the same shall be understood to be governed and construed in accordance with Spanish legislation.
18.2 Should the user have his or her domicile outside Spain, ILAMPARAS.COM and the user shall submit to the competent courts and tribunals of the kingdom of Spain, expressly waiving their right to any other jurisdiction.
These General Conditions are regulated by the Spanish legislation. The parties are submitted, to their choice, to solve conflicts and to renounce to any regional code of laws as well as to the courts of the users domicile. Also, as an entity affiliated to TRUSTED SHOP and the terms of its Code of Ethics, ILAMPARAS.COM is able to resort to the TRUSTED SHOP out-of-court alternative dispute resolution system in case of controversies related to commercial agreements and advertising, data protection, protection of minors and accessibility. This out-of court alternative dispute resolution system will be embodied in the Auto controls Advertising Jury (Jurado de la Publicidad) and the National Consumer Arbitration Council (Junta Arbitral Nacional de Consumo).
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