LEGAL ADVICE – GENERAL CONDITIONS OF USE
This document is to establish the General Conditions of Use of the www.wefisy.com Website (hereinafter the Website), owned by Gotzon Astondoa Loiti, residing at C/ Aiherra, Antzuola (Gipuzkoa) hereinafter the owner of the Website. Contact firstname.lastname@example.org
The owner of the website reserves the right to modify these General Conditions of Use in order to adapt them to the applicable legislation in force in each time, the new case law and usual market practices.
The present General Conditions of Use do not exclude the possibility that certain Services of the website, because of its particular characteristics, be subject, in addition to the General Conditions of Use, to their own particular conditions of contracting (hereinafter the Particular Conditions of Contracting).
The use by the User of any of the website Services implies its adherence and express acceptance of all the General Conditions of Use in the version published on the present website at the time at which the user accesses the website, as well as to the Particular Conditions of contracting which, where appropriate, may be applicable.
2. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
I. USER STATUS
1. Need to Register
In general for access to the Website,User Registration will not be necessary. However, if the use of certain Services (which will be informed on the website) were conditioned to the prior Registration of the User, this registration shall be made in the form expressly designated in the Service itself, or in the Particular Conditions of contracting which will be applied.
Registered Users (if necessary) will be responsible at all times of the custody of their password, thus assuming any damages and injury that may arise from its misuse, as well as the transfer, disclosure or loss of the same. For this purpose, the access to restricted areas and/or the use of the Contents made under the password of a Registered User shall treat as carried out by such Registered User, who will answer in every case of such access and use.
2. Use of the Website and its Services
The purpose of the website is to report and allow the download of software for Windows that allows, within the limitations established by law, a parental control of content that minor children access, avoiding that could be accessible to pages whose contents are illegal, contrary to morality, immoral or those other which may affect the healthy development of minors.
The User acknowledges and accepts that the use of the contents and/or services offered by the website will be at his sole risk and/or responsibility.
The User agrees to use the Website and all of its contents and Services in accordance with the law, morality, the public order, and in the present General Conditions of Use, and the Particular Conditions which, where appropriate, may be applicable. Also, undertakes to make appropriate use of the services and/or contents of the Website and not to use them for illicit or constituent activities of crime, which violate the rights of others and/or violate the regulation on intellectual and industrial property, or any other laws of the applicable legal system.
The user undertakes not to transmit, introduce, disseminate and put at the disposal of third parties, any kind of material and information (data, messages, drawings, files of sound and image, pictures, software, etc.) that are contrary to law, morality, public order and these General Conditions of Use and, where appropriate, the Particular Conditions that may be applicable. Limitation, and in any case limiting or excluding, the User undertakes:
1. Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic, of terrorism or violate human rights.
2. Do not introduce or spread in the network data programs (viruses and harmful software) susceptible to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet.
3. Do not spread, transmit or make available to third parties any type of information, element or content which violates fundamental rights and public freedom recognized constitutionally and in international treaties.
4. Do not spread, transmit or make available to third parties any type of information, element or content that is illegal or unfair advertising.
5. Do not transmit unsolicited or unauthorised advertising, promotional materials, “junk mail”, “chain letters”, “pyramidal structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
6. Do not introduce or spread any information and false, ambiguous or inaccurate content in such a way that it misled as to the recipients of the information.
7. Do not impersonate other users using their registry keys to the different services and/or contents of the website.
8. Do not spread, transmit or make available to third parties any type of information, element or content which involves a violation of the rights of intellectual and industrial property, patents, trademarks and copyright that apply to the owners of the website or third parties.
9. Do not spread, transmit or make available to third parties any type of information, element or content which involves a violation of the secrecy of communications and personal data legislation.
10. Do not include on our page, contents that indicate or promote discrimination of sexual, racial, religious or any other violation of the 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; containing false or outdated information; which infringe legal or regulatory rules aboutsecrecy of communications, intellectual property, right to the honour and personal privacy, or incorporate content, messages, or violent or degrading products.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents, elements and information that the user can access through the website are subject to rights of industrial and intellectual property of the owner of the website or third party owners thereof. Therefore access to these contents or items does not grant the User the right of alteration, modification, exploitation, reproduction, distribution or public communication or any other right that corresponds to the owner of the affected right.
The User must not suppress the identifying signs of rights (of intellectual or industrial property, or any other) of www.wefisy.com or third parties appearing on the Website and in each of the various Services offered through it. Likewise, User shall abstain from eluding or manipulating any technical devices established by the owner of the Website or third parties, either through the website, in any of the Services or any materials, elements and information obtained thereby, for the protection of their rights.
4. DISCLAIMER OF WARRANTIES. RESPONSIBILITY
4.1 Availability and Continuity of the Website
The owner of the website does not guarantee the availability, access and continuity of the functioning of the Website and its Services.
The owner of the website will not be responsible, with the limits established by the law in force, for the damages caused to the User as a result of the unavailability, failure of access and lack of continuity of the Website and its Services.
4.2 Content and services
The owner of the website will answer only and exclusively the Services that it provides in itself and the contents directly originated. This liability will be excluded in cases where greater force majeure or in the event that the configuration of the equipment of the User is not adequate for the proper use of the Internet services provided in the website.
4.3 Contents and Services of Third parties
The owner of the website does not previously control, approve nor own the contents, services, opinions, communications, data, files, products and any kind of information from third parties, legal or physical persons, collected on the Website. Similarly, does not guarantee the legality, reliability, usefulness, veracity, accuracy, completeness and topicality of the content, information and Services of third parties on the website.
The owner of the website does not control before and does not guarantee the absence of virus or other elements in the Contents and services provided by third parties through the Website which can introduce alterations in the computer system, electronic documents or files of the users.
The owner of the website will not be responsible, either indirectly or secondarily, for the damages and injures of any kind arising from the use and recruitment of the Contents and Services of third parties on the website as well as the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the same. With character, and in any case limited, he will not be liable for damages or injures of any nature arising from a) infringement of intellectual and industrial property rights and the defective fulfilment or breach of contractual commitments by third parties; (b) the realization of acts of disloyal competition and illicit publicity; (c) the unsuitability and disappointment of the expectations of the Services and Contents of third parties; (d) flaws and defects of any kind of Services and Contents of third parties provided through the Website.
The owner of the website will not be responsible, either indirectly or secondarily, for the damages and injures of any nature arising from negligent or malicious use of the email accounts used for any type of inclusion, communication, management or performance in the Website.
The owner of the website is not liable, either indirectly or secondarily, damages and injures of any kind caused to the User as a result of the presence of virus or other elements in the contents and Services provided by third parties that may produce alterations in the computer system, electronic documents or files of the users.
The disclaimer indicated in the preceding paragraphs shall apply in the event that the owner of the ayuntamientoshr.com website does not have actual knowledge that the activity or information stored is unlawful or that harms goods or rights of third parties liable for compensation, or if they had it to act with diligence to remove the data and contents or make impossible access to them.
4.4. User conduct
The owner of the website does not guarantee that the Users of the Website use the contents and/or services of the same in accordance with the law, morality, public order, or the present General Conditions and, where appropriate, Particular conditions that may be applicable. Also, he does not guarantee the truthfulness and accuracy, completeness and/or authenticity of the data provided by Users.
The owner of the website will not be responsible, either indirectly or secondarily, for the damages and injures of any kind arising from the use of the Services and Contents of the Website by Users or that may arise from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by Users, or the impersonation of a third party made by a User in any kind of performance through the Website.
5. TEXTUAL LINK TECHNICAL DEVICES
The Website makes available to users technical devices link and search tools that allows them access to websites owned by other entities (textual links).
www.wefisy.com user acknowledges and accepts that the use of the contents of the linked websites shall be at his sole risk and responsibility and exonerates the owner of the website from any responsibility for technical availability of the linked websites, the quality, reliability, exactitude and/or veracity of the services, information, elements and/or contents that customer can access and search directories included in the Website.
The owner of the website shall not be liable indirectly or secondarily of the damages and injures of any nature arising from a) performance, unavailability, inaccessibility and the lack of continuity of the linked websites or the available search directories; (b) the lack of maintenance and update of the contents and services contained in the linked websites; (c) the lack of quality, inaccuracy, unlawfulness and uselessness of the contents and services of the linked websites.
6. PROTECTION OF PERSONAL DATA
7. DURATION AND TERMINATION
The provision of the services and/or contents of the Website have an indefinite duration. Without limiting the foregoing, the owner of the Website is empowered to terminate, suspend or interrupt unilaterally, at any time and without prior notice, the provision of service and the Website and/or any of the services, without detriment to what had been willing to respect in the corresponding specific conditions.
8. LAW AND JURISDICTION
All matters relating to the Website are governed by Spanish Law and they are subject to the jurisdiction of the Courts of Gipuzkoa.