Legal Notice

Legal Notice

 

1. IDENTIFICATION DATA

This legal notice sets out the conditions of use of the website "https://www.avacab-online.com" hereinafter "Website". The ownership corresponds to AVACAB AUDIOVISUALES S.L.U., hereinafter "The Company".
In compliance with Article 10 of Law 34/2002, of July 11, Services Information Society and Electronic Commerce, below are the identifying data of the company

COMPANY NAME: AVACAB AUDIOVISUALES S.L.U.
VAT ID: B87641940
SOCIAL ADDRESS: C/ Yunque 9 - Nave A1, 28760, Tres Cantos - Madrid (Spain)
E-MAIL ADDRESS: avacab@avacab.es
REGISTRATION DATA IN THE MERCANTILE REGISTRY: Inscribed in the Mercantile Registry of Madrid, in Volume 35155, Folio 100, Section 8, Page 632208, Inscription 1.

2. PURPOSE AND SCOPE OF APPLICATION

2.1. These are the general conditions (hereinafter "General Conditions") that regulate the access, navigation and use of websites under the domain " avacab-online.com" (hereinafter "Website"), as well as the responsibilities derived from the use of their contents (hereinafter "Contents" means texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property). Independently of the same, the company may establish specific conditions governing the use and / or contracting of specific services offered to users through the Website.

2.2. It shall be understood that access to or mere use of the Website by the user implies the user's adherence to the General Conditions that the company has published at any time when accessing the Website and which shall be available to users. Consequently, the user must read these General Conditions carefully. In this sense, "User" means the person who accesses, navigates, uses or participates in the services and activities, free or onerous, developed on the Website.

2.3. Also, through the Website, the company may enable third parties to advertise or provide their services. In these cases, the company will not be responsible for establishing the general and specific conditions to take into account in the use, provision or contracting of these services by third parties and, therefore, may not be held responsible for them.

2.4. Before using and/or contracting these specific services provided by The Company, the User must carefully read the corresponding specific conditions created for this purpose by The Company. The use and/or contracting of these specific services implies the acceptance of the particular conditions that regulate them in the version published by The Company at the moment in which said use and/or contracting takes place.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

3.1. The company, as the author of a collective work, or any work or services of any nature, is the owner of the intellectual and industrial property rights of the Website, and is also the owner or has the corresponding licence on the intellectual, industrial and image property rights on the contents available through the Website.

3.2. In no case will it be understood that the access and navigation of the User implies a renunciation, transmission, license or total or partial cession of these rights on the part of The Company.

3.3. Consequently, it is not permitted to delete, evade or manipulate the copyright notice and any other data identifying the rights of the company or its owners incorporated into the contents, as well as technical protection devices, fingerprints or any information mechanisms and / or identification that may be contained in the contents.

It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by post, transmit, use, treat or distribute in any way all or part of the contents included in the Website without the express written permission of the company or, where appropriate, the owner or owners of the rights to which it corresponds.

3.5. In particular, The Company expressly opposes that the reproduction of its pages can be considered a quotation in the terms provided in Article 32, 1st second paragraph of the Law on Intellectual Property.

4. USE OF THE WEBSITE

4.1. The Contents included in the Website are provided only to consumers or end Users. Any unauthorised commercial use of the same is prohibited, except with prior written authorisation of the company.

4.2. Access, navigation and use of the Website is the responsibility of the User, so the User agrees to observe diligently and faithfully any additional instruction given by the company or by authorized personnel of The company relating to the use of the Website and its Contents. We also urge you to communicate to The Company any fact of which you are aware and which involves conduct contrary to law or violates the rights of any third party either through the tools of the Website or through the contact form.

4.3. Therefore, the User undertakes to use the Contents diligently, correctly and lawfully and, in particular, undertakes to abstain from:

  • Use the contents for purposes or effects contrary to law, morality and generally accepted good customs or public order
  • Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless the authorisation of the holder of the corresponding rights has been obtained or this is legally permitted 
  • To use the contents and, in particular, the information of any kind obtained through the page or the services to send advertising, communications for direct sales purposes or for any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to refrain from commercialising or disclosing said information in any way.

5. USER

The User is strictly prohibited from introducing any type of virus in the web domain, as well as trying to access the data of the same, modify them, access email accounts, messages, etc..

The company will not be responsible for the infractions of any User that affect the rights of another User of the web, or third parties, including copyright, trademarks, patents, confidential information and any other right of intellectual or industrial property. The company will make use of the civil or penal actions that by law corresponds, before any undue use of its web domain. Disputes that may arise in relation to this domain shall be governed solely by Spanish law, and shall be submitted to the competent Courts and Tribunals in the province of Madrid.

6. RESPONSIBILITIES AND GUARANTEES

6.1. The company does not guarantee the legality, reliability, usefulness, veracity or accuracy of the services or information disseminated through the Website.

6.2. Consequently, the company does not guarantee nor is it responsible for: the functioning of the Web Site; the continuity of the Contents of the Web Site; the absence of errors in said Contents nor the correction of any defect that may occur; the absence of viruses and/or other harmful components in the Web Site or in the server that supplies it; the invulnerability of the Web Site and/or the impregnability of the security measures adopted in the same; The lack of usefulness or performance of the contents of the Web Site; the damages caused to itself or to a third party, any person who infringes the conditions, rules and instructions that The Company establishes in the Web Site or through the violation of the security systems of the Web Site.

Nevertheless, The Company declares that it has diligently adopted the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and to avoid the existence and transmission to Users of viruses and other harmful components.

7. LINKS

Links to other Websites

In the Web Site, the User will be able to find links to other web pages by means of different buttons, links, banners, etc., which are managed by third parties. The company assumes no responsibility for any aspect relating to the linked website.

Links on other websites to the Web Site

7.2. If any third party, entity or website wishes to establish some kind of link to the Web Site must abide by the following conditions and requirements:

  • The link may be directed to the Main Page of the Website.
  • The link must be absolute and complete, that is to say, it must take the User, by means of a click, to the URL of The company https://www.avacab-online.com and must completely cover the whole extension of the screen of the Web Site. In no case, unless the company authorizes it expressly and in writing, the website that makes the link may reproduce, in any way, the Web Site, include it as part of its website or within one of its frames or create a browser on any of the pages of the Web Site. In the page that establishes the link it will not be able to declare in any way that The company has authorized such link, unless The company has done it expressly and in writing. If the entity that makes the link from its page to the Web Site wishes to include in its web page the brand, denomination, commercial name, sign, logo, slogan or any other type of identifying element of the company and/or the Web Site, it must have prior express authorization in writing.
  • The company does not authorize the establishment of a link to the Website from those web pages that manifestly foment hatred, contempt or discrimination for reasons of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance and in general, which contravene morality, public order or generally accepted social norms.

7.3. The company does not assume any type of responsibility for any aspect related to the web page that establishes that link to the Web Site, specifically, by way of example and not exhaustively, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents in general.

Services provided by third parties through the Website

7.4. The company does not guarantee the legality, reliability and usefulness of the services provided by third parties through the Website or on which the company only acts as an advertising channel or intermediary service provider.

7.5. The company will not be liable for damages of any kind caused by services provided by third parties through this page, and in particular, by way of illustration only, those caused by:

  • Failure to comply with the law, morality or public order
  • The incorporation of viruses or any other computer code, file or program that may damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment.
  • Infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind.
  • The performance of acts that constitute unlawful, misleading or unfair advertising and, in general, that constitute unfair competition.
  • The lack of truthfulness, accuracy, quality, relevance and/or timeliness of the contents transmitted, disseminated, stored, received, obtained, made available or accessible.
  • Infringement of the rights to honour, to personal and family privacy and to the image of persons or, in general, any type of rights of third parties.
  • The inappropriateness for any kind of purpose and the defrauding of the generated expectations, or the vices and defects that could be generated in the relationship with third parties and
  • Default, delay in performance, defective performance or termination for any reason of obligations assumed by third parties and contracts entered into with third parties.

8. DURATION AND MODIFICATION

8.1. The company may modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same way that these general conditions appear or through any type of communication addressed to Users.

8.2. The temporary validity of these General Conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified general conditions will come into force.

8.3. Regardless of the provisions of the particular conditions, the company may terminate, suspend or interrupt, at any time without notice, access to the contents of the page, without the possibility for the User to demand compensation. After this extinction, the prohibitions of use of the Contents exposed previously in the present General Conditions will continue in force.

9. GENERALITIES

9.1. The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of the General Conditions.

9.2. In the event of any discrepancy between what is established in these General Conditions and the particular conditions of each specific service, the provisions of the latter shall prevail.

9.3. In the event that any provision or provisions of these General Conditions were to be considered void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the other provisions of the General Conditions or the particular conditions of the various services of The Company.

9.4. The non-exercise or execution by The Company of any right or provision contained in these General Conditions shall not constitute a waiver of the same, unless it acknowledges and agrees in writing on its part.

10. JURISDICTION

10.1. The relations established between The Company and the User shall be governed by the provisions of current legislation on applicable law and competent jurisdiction. However, for cases where the law provides for the possibility of the parties to submit to a jurisdiction, The Company and the User, expressly waiving any other jurisdiction that may apply, are subject to the Courts and Tribunals of the city of Madrid (Spain).