GENERAL CONDITIONS FOR THE ACCESS AND USE OF THE WEBSITE / APP
The owner of the website https://www.deporvillage.net (the “Website”)/ mobile application ‘DEPORVILLAGE’ (“App”) is the company DEPORVILLAGE, S.L., (“DEPORVILLAGE”) who operate under the commercial name ‘DEPORVILLAGE®’ and whose identification data is the following:
Business address: Carrer Les Tines nº32, 08272 Sant Fruitós de Bages (Barcelona)
Email: [email protected]
Telephone: (+34) 902.732.338
Registration Data: registered at the Barcelona Commercial Registry in volume 43.026, Sheet 23 and Page B-394154, registration 1
Access to Website / App
The present General Conditions for the Access and Use of the Website / App regulate the access and use of the Website / App that DEPORVILLAGE makes available to Internet users above the age of 14 with the aim of providing the user with information relating to DEPORVILLAGE and their products and/or services.
The access and use of the Website / App by the user implies their acceptance of the present General Conditions for the Access and Use. Therefore, please read the General Conditions for the Access and Use carefully before using the Website / App since these may be adapted or changed at any time.
If you do not accept the present conditions, we ask you to abstain from using the Website / App and their content.
Use of Website / App
The user agrees to make diligent use of the Website / App, as well as of the information relating to the products and/or services contained within this, with complete subjection to the applicable regulations, such as the present General Conditions for the Access and Use.
In this way, the user agrees not to carry out any act with the aim of damaging, misusing or abusing the Website / App, or that impedes, in any way, the normal functioning of this.
DEPORVILLAGE reserves the right to withdraw, at any point, unilaterally the content of any section of the Website / App, when it is deemed appropriate. In any case, to make a complaint related to the content of the Website / App, you must send an email to [email protected]
Users are informed that, in the failure to comply with the General Conditions for the Access and Use or any other terms and conditions found on the Website / App, DEPORVILLAGE reserves the right to limit, suspend or ban their access to the Website / App, with the use of any technical means that may be necessary for this effect.
DEPORVILLAGE uses their best efforts to maintain the Website / App working properly, avoiding errors, or fixing them when they occur, and maintaining the content of the Website / App duly up to date. However, DEPORVILLAGE cannot guarantee the availability and continuity of access to the Website / App nor the inexistence of errors in its content, or that these are appropriately up to date.
DEPORVILLAGE reserves the power to make changes, abolitions or updates at any point, without the need to give notice, to the content, settings or presentation of the Website / App.
Both the access to the Website / App and the use that may be made of any of the information contained in this, must be carried out under the exclusive responsibility of the user.
DEPORVILLAGE is not responsible for any harm or damage that may derive, directly or indirectly, from the access or use of the information contained in the Website / App and especially, that information relating to third parties different to DEPORVILLAGE, including, but not limited to, the products on computer systems or those provoked by the introduction of viruses or computer attacks and will not be responsible either for the damages that users may suffer because of inappropriate use of the Website / App nor for collapses, interruptions, absence or defects in communication.
It is hereby expressly established that all information relating to the product specifications found on the Website / App do not replace the contract conditions to which the user must abide in order to attain access and use these correctly. Therefore, the user is reminded of the need to read carefully all the documentation provided with the purchased products.
Thus, DEPORVILLAGE declares that the information provided to the user as a result of specific enquiries relating to the products offered on the Website / App are of mere indicative nature, therefore no responsibility is accepted by part of DEPORVILLAGE for any harm or damage that may be caused, directly or indirectly, from the use of this information provided to the user.
What’s more, DEPORVILLAGE does not take responsibility for any harm or damage to the software or hardware of the user which may result from their accessing the Website / App.
DEPORVILLAGE, will not be responsible either for any information sent by the user when there is no knowledge of the collected data being illicit or that it may harm the rights of third parties. A soon as awareness is made that there is information contained of this nature, DEPORVILLAGE agrees to act with diligence to remove this or make access to it impossible.
The user will respond to all kinds of harm or damage that DEPORVILLAGE may suffer as a consequence of their inability to comply with any of the obligations to which they are subjected, in virtue of the General Conditions for the Access and Use or of the governing law in relation to the use of the Website / App.
DEPORVILLAGE has profiles on several social media platforms (such as, for example, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Google+ or Instagram), with the aim of providing information about their products and services.
Those users who follow any of these profiles operated by DEPORVILLAGE on social media, must respect and comply with the terms and conditions of the social media platform in which they are using.
DEPORVILLAGE will be able to access public information about the users of social media and send private messages if the social media platform allows it, although they will not be included in any document, unless stated otherwise.
DEPORVILLAGE will perform the following actions:
• Access public information on users’ profiles
• Upon the user’s request, publish information to their profile that has previously been published by DEPORVILLAGE
• Send private messages through social media platforms, if allowed
• Status updates to the user’s profile page
DEPORVILLAGE reserves the right to hold competitions, promotions and prize giveaways through their social media accounts and in which users who follow these profiles can participate.
Blogs and Forums
Users of the Website / App may introduce their own comments on blogs and forums of DEPORVILLAGE, in compliance with the terms and conditions established in the General Conditions for the Access and Use.
The person identified, in each case, as the person who has provided the content will be responsible for this. This content, in no case, reflects the opinion of DEPORVILLAGE.
DEPORVILLAGE is not responsible for any possible errors, mistakes or irregularities that this content may contain, nor for any harm or damage that may result from the introduction of content in this section of social media platforms or any other platforms that may permit this kind of service.
The user supplying this content, will hand over to DEPORVILLAGE any type of support, the rights for its reproduction, use, distribution, public communication or any other kind of related activity.
In the same way, the user who has provided this content, declares to be the owner of the rights of this content, or guarantees the possession of rights and authorisations needed by the author or owner for the use by part of DEPORVILLAGE.
DEPORVILLAGE does not take responsibility for any harm or damage that may be caused by the use, the reproduction, the distribution or the public communication or any other type of activity performed with content protected by intellectual property rights owned by third parties, unless the user has lawfully obtained the owner’s authorisation necessary for the use that they intend to make of it.
DEPORVILLAGE will be able to include advertising or sponsorship content from third parties on the Website / App. The advertisers and sponsors will be solely responsible for ensuring that the material provided for publication on the Website / App fully complies with the legislation that may apply in each case.
DEPORVILLAGE will not be responsible for any error, mistake or irregularity that the advertising or sponsorship material may contain.
a) Links to the Website
Those third parties with the intention of including a link on their website directing users to the Website, or a frame with this, must obtain prior written consent form DEPORVILLAGE.
Under no circumstances, does the authorisation granted by DEPORVILLAGE mean that we endorse, promote, guarantee, supervise, or recommend the content or services of the Linking Website nor that we are responsible for this.
The Linking Website must comply with current legislation and in no case will be able to host content either personal or from third parties which is illicit or harmful (violent, racist, degrading, etc.); and/or is inappropriate or irrelevant in relation to the products and/or services of DEPORVILLAGE.
In failure to comply with any of the previously referred terms, DEPORVILLAGE will proceed immediately to the revocation of the consent granted to the Linking Website, who must remove the link.
b) Links to other websites
Various links providing access to different websites may appear on the Website.
In no case does the existence of these Linking Websites mean that DEPORVILLAGE recommends, promotes, identifies and agrees with the declarations, content and services provided through these Linking Websites.
Intellectual and Industrial Property
All intellectual property rights, designs, data bases, computer programs (including source codes), as well as the different elements that make up the Website / App (texts, images, photos, videos, sound recordings, colour combinations, etc.) [“Content”], and its structure, section and order are property of DEPORVILLAGE or, as the case may be of our licensors.
DEPORVILLAGE is a commercial name registered by the name of DEPORVILLAGE at the Spanish Office of Trademarks and Patents and, at the same time, a trademark registered at the Trademark Registration Office of the European Union, meaning any use of the name or of any similar mark of identification that may lead to confusion regarding the origin or ownership, by third parties without prior consent by DEPORVILLAGE, is strictly prohibited. In the same way, the domain names www.deporvillage.com y www.deporvillage.net under which the Website / App operates are property of DEPORVILLAGE.
By means of the present General Conditions of the Access and Use, the reproduction, transformation, distribution, public communication, making available, extraction, and/or any other form of unauthorised dissemination by part of the user of the Website / App, it’s content and/or the different marks and names of the domain owned by DEPORVILLAGE is strictly prohibited.
The unauthorised use of the Content, as well as any harm or damage caused to the intellectual and industrial property rights of DEPORVILLAGE, may lead to appropriate legal action being taken and to the responsibilities when applicable, deriving from this.
The use of the Website / App by the user does not imply the favourable transfer of any intellectual and industrial property rights regarding the Website / App and its content form DEPORVILLAGE.
If any of the clauses in the General Conditions for the Access and Use are to be declared completely or partially null and ineffective, such nullity or ineffectiveness will only affect said provision or the part of that which becomes null or ineffective and all other parts will remain in vigour, excluding said provision or the part of that which is affected.
To these effects, the General Conditions for the Access and Use will only cease to be valid with regard to the null or ineffective provision, and no other part or provision will be nulled, invalidated, harmed or affected by that nullity or ineffectiveness, except if it is essential and affects the General Conditions for the Access and Use in an integral way.
Personal Data Protection
Governing Law and Jurisdiction
The access and use of the Website / App will be regulated and understood in compliance with Spanish Law.
If conflict or discrepancy arises in the understanding or application or the General Conditions for the Access and Use, the competent courts will be those in possession of the relevant legal framework.