Access to and/or use of the elsbastions.com website attributes whosoever should use it with the condition of a USER, who from then on shall fully and unreservedly accept these general conditions and all special conditions, if any, which might complement, modify or replace the general conditions in relation to certain services and content of the website.
II.- USE OF THE WEBSITE, ITS SERVICES AND CONTENTS:
The USER agrees to use the website and its services and contents without contravening current legislation, good faith or generally accepted use and public order. Similarly, all use of the website is prohibited for purposes that might be illicit or injurious to CARLES PALACIOS PUJADAS (hereinafter elsbastions.com) or any third party, or which might in any way harm or prevent the normal operation of the website.
With respect to the contents (information, texts, graphics, sound and/or image files, photographs, designs, etc.), it is forbidden:
- To reproduce, distribute or modify them without the authorisation of their legitimate owners or by law.
- To breach any of the rights of ELSBASTIONS.COM, or of their legitimate holders.
- To use them for all kinds of commercial or advertising purposes other than those strictly permitted.
- To make any attempt to obtain the contents of the website by any means other than those made available to the users and those which are habitually used on the net, provided that they do not cause any harm to the ELSBASTIONS.COM website.
III.- UNILATERAL MODIFICATION:
ELSBATIONS.COM, whenever it may see fit, may unilaterally modify the structure and design of the website and modify or eliminate the services, contents and conditions of access and/or of use of the website whenever it should see fit.
The establishment of any hyperlink between one website and any of the webpages of the ELSBASTIONS.COM website will be subject to the following conditions:
- No total or partial reproduction is allowed of any of the services or contents of the ELSBASTIONS.COM website.
- The web page on which the hyperlink is established will contain no brand, trademark, establishment sign, name, logo, slogan or other distinctive signs belonging to ELSBASTIONS.COM.
- Under no circumstance will ELSBASTIONS.COM be responsible for the contents or services made available to the public on the website from which the hyperlink is made, or any of the informational declarations included therein.
V.- EXCLUSION FROM GUARANTEES AND RESPONSIBILITY:
ELSBASTIONS.COM grants no guarantee and accepts no liability in any case for damages of any kind that might be caused by:
- Lack of availability, maintenance and effective operation of the website and/or its services or contents.
- Lack of utility, suitability or validity of the website and/or its services or contents to satisfy the needs, activities or specific results or expectations of the users.
- The existence of viruses, programmes that are malicious or harmful in their contents.
- The reception, obtention, storage, dissemination or transmission of the contents by the users.
- The illicit, negligent, fraudulent use or use contrary to these General Conditions, to good faith, to generally accepted uses or public order, of the website, its services or contents, by the users.
- The lack of licitness, quality, reliability, utility and availability of the services given by third parties and posts available to the users on the website.
- The breach by third parties of their obligations or commitments in relation to the services given to the users via the website.
The duration of the website and the services given will be indefinite. Without prejudice to the above, ELSBASTIONS.COM reserves the right to interrupt, suspend or terminate the provision of the web service or any of the services that form it in the same terms as established in the third condition.
VII.- INTELLECTUAL PROPERTY:
For the effects of preserving all possible intellectual property rights, if any USER or third party should believe that there has been a breach of their legitimate rights in the introduction of certain content on the website, they shall inform ELSBASTIONS.COM of this, indicating:
- The personal data of the holder of the presumably breached rights. If the claim should be made by a party other than the party concerned, they shall indicate the representation they hold.
- Indication of the contents protected by intellectual property rights and their location on the website.
- Certification of the mentioned intellectual property rights.
- Express declaration in which the person concerned accepts responsibility for the truth of the information provided in the notification.
The ELS BASTIONS brand and the corresponding graphic brands are all registered trademarks and all reproduction or use thereof without the authorisation of their holder is prohibited. The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by third parties is the exclusive responsibility these third parties.
VIII.- PERSONAL DATA PROTECTION CLAUSE
In accordance with the provisions of article 5 of Personal Data Protection Organic Law 15/1999 of 13 December (hereinafter Spanish "LOPD"), ELSBASTIONS.COM hereby informs the user that all personal data given on the provided forms albeit on paper or contents of the website, and all data to which ELSBASTIONS.COM might have access as a consequence of your browsing, consultation, request or contracting of products or services or of any transaction or operation performed during the service by this company of its services, will be collected in a file held by ELSBATIONS.COM, with tax number NIF 52165659A and head offices at c /. Primer Marques de les Franqueses N º 85-87, 1º 4ª (BARCELONA) where the USER / PARTY CONCERNED can exercise their rights of access, rectification, cancellation and opposition to the treatment of their personal data in the terms and conditions provided by the LOPD itself. The above-mentioned rights can also be exercised by addressing email@example.com, and indicating LOPD in the subject of the message.
The USER / PARTY CONCERNED is required to immediately inform ELSBASTIONS.COM of any change to their personal data so that the information contained in the files of ELSBASTIONS.COM might be up-to-date at all times and not contain errors. Similarly, by accepting this legal disclaimer, the USER / PARTY CONCERNED recognises that the information and personal data collected are exact and true.
The fact that the USER / PARTY CONCERNED fails to enter their personal data appearing on forms contained on the webpage or in paper format may result in ELSBASTIONS.COM not being able to attend their request. The personal data are collected: in order to carry out the management of the associative, cultural, recreational, sports and social activities; to administer the commercial relationship between ELSBASTIONS.COM and USER / PARTY CONCERNED; in developing, fulfilling and controlling the services offered on the web page, publication of the results of the races, drawing up statistics, sending advertising and commercial prospection of the products and services, warnings, offers and generally all commercial information that ELSBASTIONS.COM might consider to be of interest.
The USER expressly authorises ELSBASTIONS.COM to make commercial communications by ordinary post, telephone, fax or electronic mail. This consent may be revoked at any time by written communication in the terms described in the first paragraph of this clause.
ELSBASTIONS.COM agrees to hold all personal data absolutely confidential as provided by the Personal Data Protection Organic Law, and to use them exclusively for the indicated purposes. ELSBASTIONS.COM hereby informs that it has implemented all necessary technical and organisational security measures to guarantee the safety of your personal data and to avoid their alteration, loss and treatment and/or unauthorised access, given the state of the technology, the nature of the stored data and the risks to which they are exposed, albeit by human, physical or natural medium. All of this in accordance with that provided in article 9 of the LOPD and in Royal Decree 1720/2007 of 21 December, approving the regulation developing the Organic Law 15/1999.
IX.- APPLICABLE LEGISLATION AND JURISDICTION:
These General Conditions will be governed by Spanish legislation.
ELSBASTIONS.COM and THE USER expressly waive all other law which might correspond to them and submit to the jurisdiction of the courts and tribunals of the address of the USER for all questions which might arise or any actions which might be exercised as a result of the service of the website and of its services and contents and on the interpretation, application, fulfilment or breach of everything established herein. If the User should be based outside Spain, ELSBASTIONS.COM and the User, expressly waiving all other law which might correspond to them, submit to the Jurisdiction of the Courts and Tribunals of Granollers (Barcelona).