1. WEBSITE OWNERSHIP
¡HOLA! (hereinafter, the Entity) is the holder of this web page (hereinafter, the Website). You may contact us through the email address firstname.lastname@example.org.
This Website will not be used in connection with other contents, products and/or services which are not owned by the Entity and/or its affiliates and/or branch offices.
For the purposes of this Legal Notice, Users are those persons accessing the Website and/or sending a request or email to the Website or completing a Website form or registration process.
This Legal Notice contains all the terms and conditions that regulate: a) the access, navigation and use of the Website; b) the responsibilities arising from use of the Website and the provision of and/or contracting of products or services which may be offered through the Website; and c) the provision and use of Website content. Notwithstanding anything herein, the foregoing is without prejudice to the fact that the Entity may establish specific case-by-case conditions which regulate the use, provision and/or contracting of products or services which are offered to Users through the Website. In any case, those specific conditions will form an integral part of this Legal Notice.
Performance by the User of any single act among the following will constitute acceptance without reservation of each and every one of the rules found in this Legal Notice and will be taken as consideration on the part of the User: a) accessing the Website, b) filling out forms through the Website, c) sending requests for information or complaints, d) accepting contractual offers or subscriptions, e) responding to requests for curriculum vitae and, f) in general, all acts of a similar nature to those carried out when filling out forms and/or when contacting via email addresses published on the Website. You must therefore read and understand the content of this Legal Notice.
Should the use, provision and/or contracting of products or services be offered through the Website, the mere fact of being used and/or requested by the User will constitute, equally, the User´s acceptance without reservation of the corresponding established specific conditions which will also form an integral part of this Legal Notice.
3. WEBSITE USE AND ACCESS
Access to the Website by the Users is free. However, the use, provision and/or contracting of the products and services which may be offered by the Entity may be subject to the previous acceptance of formal requisites such as the filling out of corresponding forms, payment of fees and costs and/or the previous acceptance of specific conditions which apply to the same.
The website is designed for use by an adult general audience (+18) and is not intended for use by children. Children under 18 years old are not allowed to access to the Website and/or services.
Merely accessing the Website does not imply the establishment of any link or commercial relationship between the Entity and the User, except where the appropriate means have been established and the User has previously complied with the requisites which are established.
Information on the Website relating to products or services offered by the Entity is solely for information and advertising purposes, unless otherwise stated.
If for the use, provision and/or contracting of a product or service offered through the Website, the User is obliged to register, he/she will be under an obligation to provide accurate information, guaranteeing the authenticity of all the data provided at the time of filling out the pre-established forms required to access the corresponding products or services. If, as a result of the User’s registration, a password is issued, the User thereby is bound to use it diligently and to keep such password secret. Consequently, Users will be responsible for the adequate custody and confidentiality of all identifying data and/or passwords which are given to them by the Entity, and are bound to not allow or facilitate their use by third parties, be it temporarily or permanently, nor to provide access to others. The use and/or contracting of products or services by illegitimate third parties acquired due to a fault or negligent use or misuse of a password given to a third party and/or the loss of the password by the User will be entirely the responsibility of the User.
Furthermore, it is the User’s duty to immediately notify the Entity of any circumstances which may lead to the improper use of identifying data and/or passwords, such as theft, loss or non-authorized access, so that the Entity can proceed with prompt cancellation. Without limitation to any other provision hereof, for the duration of any such period during which any such circumstances are not communicated to the Entity, the Entity will be exempt from any responsibility which could derive from the improper use of the identifying data or use or misuse of passwords by third parties.
In all cases, the access, navigation and use of the Website, and the use or contracting of the services or products offered through the Website, is the sole and exclusive responsibility of the User. The User is therefore bound to diligently and faithfully observe any additional instructions given by the Entity or by the Entity’s authorized employees in relation to the Website’s use and its contents.
The User is therefore bound to use the contents, products and services in a diligent, correct and lawful manner, complying with current legislation and, in particular, agrees to abstain from:
- Using any of the same in any manner which is against the law or that offends reasonable standards of general public morality, ethics or public order, or which is in any way contrary to the instructions of the Entity.
- Using any of the same in a way which harms the legitimate rights of third parties. Accessing and/or using the Website for professional or business purposes or incorporating the services and contents of the Website as its own business activities.
- Using contents and products and, in particular, information of any nature which is obtained through the Website or the services, for advertising purposes or any form of communication which has direct sales purposes or with any other commercial aim, or for unsolicited messages aimed at a group of people, independent of their finality, as well as abstaining from commercializing or circulating in any way any such information.
The use or application is expressly prohibited of any technical, logical or technological resources by virtue of which Users may benefit, directly or indirectly, with or without profit from the unauthorized exploitation of the contents and/or services of the Website.
4. DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WEBSITE MAY CONTAIN INFORMATION, OPINIONS, ADVICE, WARNINGS, AND STATEMENTS PROVIDED BY DIFFERENT INFORMATION AND CONTENT SOURCES AS WELL AS ANY USER OF THE WEBSITE FOR WHICH THE COMPANY ASSUMES NO RESPONSIBILITY WHATSOEVER FOR THE ACCURACY OR RELIABILITY THEREOF NOR DOES IT ENDORSE ANY SUCH INFORMATION, OPINIONS, ADVICE, WARNINGS AND STATEMENTS. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR USERS´ DECISIONS BASED ON THE INFORMATION PROVIDED BY OR THROUGH THE WEBSITE AND USERS SHOULD SEEK PROFESSIONAL ADVICE WHERE APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, WARNING OR OTHER CONTENT INCLUDING, BUT NOT LIMITED TO LEGAL, FINANCIAL, HEALTH, COUNSELING OR LIFESTYLE CONTENT. ANY INFORMATION POSTED ON THE WEBSITE IS INTENDED FOR GENERAL PURPOSES ONLY. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION OR CONTENTS. CONSEQUENTLY, THE COMPANY DOES NOT WARRANT THE TIMELINESS, RELIABILITY, USE OR VERACITY OF THE INFORMATION, SEQUENCE, ACCURACY OR COMPLETENESS OF SUCH INFORMATION NOR THE RESULTS OBTAINED FROM THE GIVEN USE OF SUCH INFORMATION AND SHALL HAVE NO LIABILITY TO THE USER INCLUDING IN THE EVENT OF DEFAMATORY, OFFENSIVE OR ILLICIT MATERIALS, CONTENT OR INFORMATION.
THE COMPANY MAKES NO REPRESENTATION NOR WARRANTY RELATED TO THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE AND/OR THE CONTENT CONTAINED HEREIN.
IN PARTICULAR, THE COMPANY IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT:
- THE CONTINUITY OF THE WEBSITE’S CONTENTS AND/OR THE AVAILABILITY OR ACCESSIBILITY OF THE WEBSITE OR ITS TECHNICAL CONTINUITY.
- THAT CONTENTS OR PRODUCTS ARE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED
- THE ABSENCE OF VIRUSES AND/OR OTHER HARMFUL ELEMENTS IN THE WEBSITE OR SERVER WHICH HOSTS IT.
- THE INVULNERABILITY OF THE WEBSITE AND/OR THE IMPREGNABILITY OF THE SECURITY MEASURES ADOPTED BY THE SAME.
- THE USABILITY OR PERFORMANCE OF THE WEBSITE’S CONTENTS OR SERVICES.
- ANY OTHER DAMAGES OF ANY NATURE WHICH MAY BE CAUSED BY REASONS PERTAINING TO THE WEBSITE NOT FUNCTIONING OR TO THE DEFECTIVE FUNCTIONING OF THE WEBSITE OR ANY OTHER WEBSITE OR WITH REGARD TO ANY LINKS WHICH FAIL.
Notwithstanding the above, the Entity declares that it has adopted reasonable measures, within its reach and within the state of technology, in order to guarantee the smooth functioning of the Website and to avoid the existence and transmission of viruses and other damaging components which could potentially harm Users.
The Entity applies reasonable measures to avoid errors in the contents published in the Website. Contents offered through the Website are updated periodically and the Entity reserves the right to modify them at any time. THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR THE CONSEQUENCES WHICH MAY DERIVE FROM ANY ERRORS IN ANY CONTENTS AND/OR SERVICES PROVIDED BY THIRD PARTIES ON THE WEBSITE.
ANY COMMUNICATION OR TRANSMISSION OF CONTENTS TO THE WEBSITE WHICH INFRINGES THE RIGHTS OF THIRD PARTIES AND/OR THE CONTENT OF WHICH IS THREATENING, OBSCENE, DEFAMATORY, PORNOGRAPHIC, XENOPHOBIC, WHICH UNDERMINES PERSONAL DIGNITY OR THE RIGHTS OF MINORS OR WHICH IS CONTRARY TO CURRENT LEGISLATION, OR ANY CONDUCT OF THE USER WHICH INCITES OR CONSTITUTES A CRIMINAL OFFENCE, IS TOTALLY PROHIBITED.
Likewise, the inclusion and communication of contents by Users which, i) are false or inaccurate and which may induce error or mislead other Users or the Entity’s personnel, ii) which infringe the intellectual property rights of third parties, iii) which may undermine or harm the reputation or image of the Entity; iv) which may be considered as illegal, misleading or unfair advertising, or v) which contain viruses or any other electronic element which may harm or hinder the functioning of the Website, the internet, IT equipment belonging to the Entity or to third parties or access to the Website by other Users, is totally prohibited.
The exchange of correspondence and any transaction resulting therefrom between the User and the persons or companies that use the Website as a means of advertising their products or services (the "Advertisers"), as well as their participation in the commercial promotions carried out by them, is understood to be exclusively between the User and the said Advertisers.
THE USER ACCEPTS THAT THE COMPANY WILL NOT ASSUME RESPONSIBILITY FOR ANY DAMAGE OR PRODUCT LOSS RESULTING FROM THE TRANSACTIONS CARRIED OUT, THE EXCHANGE OF CORRESPONDENCE, THE PRESENCE OF THE ADVERTISERS ON THE WEBSITE, NOR FOR THE MERE ACCESS AND USE OF THE CONTENT LINKED TO THE ADVERTISING INSERTS THAT ARE INCORPORATED IN THE WEBSITE.
Advertisers are solely responsible for the images, text and information contained in the contracted advertising insertions, and must obtain all the authorizations, public or private, and make all payments for the use of intellectual property rights, image rights or other analogue rights that are contained in the advertisement, being responsible for both its content and any information to which the Users may access through the insertion, complying with the current law on advertising, including that via electronic and online means, as well as well as any other applicable regulations, and in particular, those relating to telecommunications, unfair competition, consumer and user protection, data protection, the right to honour, privacy and self-image, and the protection of minors and children.
5. LIMITATION OF LIABILITY AND INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY OR ANY OF OUR AFFILIATES, BRANCHES OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENTS, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO. THE TOTAL LIABILITY OF THE COMPANY, AFFILIATES, BRANCHES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS TO USERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) ARISING FROM THE USE OF THE WEBSITE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT, IF ANY, PAID BY THE USER TO THE COMPANY FOR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE. USERS WAIVE THE RIGHT THEY MIGHT OTHERWISE HAVE TO TRIAL BY JURY AND TO CLASS AND COLLECTIVE ACTIONS.
The User agrees to hold the Entity and any of its affiliates, branches, officers, directors, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys´ fees arising in any way from use of the website, the placement or transmission of any message, content, information, software or other materials through the website or for violation of the law or these terms and conditions contained in this Legal Notice.
6. CANCELLATION OF ACCESS AND USE
The Entity may, at its sole discretion, deny, withdraw, suspend and / or block at any time and without prior notice, access to the Website to those users who fail to comply with this Legal Notice, being able to delete their registration and all information and files relating to the same. THE COMPANY SHALL NOT ASSUME ANY LIABILITY TO ANY USER FOR THE CANCELLATION OF ACCESS TO THE WEBSITE FOR THE CAUSE STATED IN THIS PARAGRAPH.
7. INTELLECTUAL PROPERTY RIGHTS
The Entity is the owner and/or the rights holder and/or has obtained a corresponding licence of the intellectual property rights and/or image rights, where necessary and/or subsisting, pertaining to the contents available through the Website. The term “contents” as used anywhere herein, extends but is not limited to the texts, graphic designs, drawings, codes, software, photographs, videos, sounds, indices, images, brands, logos, expressions, information and, in general, any other creation which is protected by national regulations and international treaties on intellectual property.
All intellectual property rights in and to all contents are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way the totality or part of any contents included in the Website for public or commercial means unless with the prior, express and written authorization of the Entity or, as the case may be, from the third party owner or rights holder of the same. Among others, the use of any technology to extract and collect information and contents from the Website is forbidden.
Access to and navigation through the Website will in no case be understood as a relinquishment, transmission, license or total or partial transfer of any rights by the Entity howsoever. Consequently, it is not permitted to delete, evade or manipulate any indicators of rights ownership (for example “copyright”, “©”, “trademark” or “™” indicators) or other identifying data, whether in favour of the Entity or any other parties, and/or any technical protection mechanisms, fingerprints or whichever information or identification mechanisms may be contained in, or otherwise pertain to, any contents.
Any references to names and commercial or registered brands, logos or other distinctive marks, which are owned by the Entity or by others, implicitly forbid their use without the authorization from the Entity or from the owner or the rights holder. At no time, unless otherwise expressly stated, shall access or use of the Website and/or its contents, give the User any right whatsoever to the brands, logos and/or distinctive signs included in the Website, each of which is protected by Law.
8. COPYRIGHT INFRINGEMENT CLAIMS AND ACTIONS
Users who post anything through the Website, for example, by expressing opinions on a forum must limit their comments to their own original text and not copy or link to the work of third parties. The Entity will take suitable measures to enforce this policy which may include editing or removing third party content or blocking or removing a User for example in the case of repeat offenders. If anyone believes that their work has been copied in a way that constitutes copyright infringement anywhere on the Website or by a User post on a forum in the Website, such person should forward the following information to the Entity at email@example.com:
- Name, address, telephone number and email address;
- A description of the copyrighted work with respect to which a claim of infringement is being made;
- A description in reasonable detail of where the alleged infringing material is located;
- A statement that the sender has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner; and
- A statement made under penalty of perjury that the above information in your notice is accurate and that the sender ids the copyright owner or authorized to act on such owner´s behalf.
9.1 Links from the Website to other websites
The Entity may offer direct or indirect links to other Internet websites which are outside of the Website. The presence of these links in the Website have a purely informative purpose only and at no time constitute an invitation to contract the products and/or services offered on such websites. Furthermore, no such link implies the existence of a commercial link or relationship with the person or Entity owning the website to which the link is offered. In any such case, the Entity will not be responsible for establishing general conditions to be taken into account in the use, provision or contracting of or for any such services or products and, as such, the Entity may not be held responsible in any way in relation with any such products or services in any manner howsoever.
The Entity does not have the knowledge, human resources or technical means to control or approve the information, contents, products or services provided by or through other websites to which it offers a link from the Website. CONSEQUENTLY, THE COMPANY WILL NOT TAKE ANY RESPONSIBILITY FOR ANY MATTERS RELATING TO SUCH THIRD PARTY WEBSITES LINKED WITH THE WEBSITE. SPECIFICALLY, WITHOUT LIMITATION, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY WHATSOEVER FOR THE FUNCTIONING, ACCESS, DATA, INFORMATION, FILES, QUALITY, PRODUCTS AND SERVICES, LINKS AND/OR CONTENT OF ANY SUCH WEBSITES.
Notwithstanding the above, where the Entity becomes aware that the activity or the information which it links to is illegal and will lead to a crime or damage the rights or property of third parties, it will act promptly with diligence to delete or cease from using the corresponding link.
Likewise, if Users become aware of the illegality of the activities carried out through any such third party websites, they will be under the obligation to communicate such matter to the Entity at the earliest reasonable opportunity such that the Entity may evaluate the same and act appropriately.
9.2 Links from other web pages to the Website
If any User, Entity or webpage wishes to establish a link to the Website of any nature, they must comply with the following conditions:
- They will need to obtain prior, express and written authorization from the Entity.
- The link will only be made to the Website’s homepage, unless otherwise stated or authorized.
- The link will need to be absolute and complete, i.e. it must lead the User through a click to the main page and must include the whole of that page. In no case, unless otherwise authorized by the Entity, will the webpage from which the link is made be able to i), reproduce in any way on the Website, ii), include the Website as part as its own website or as any frames from such website, or iii), be able to create a browser on any of the Website pages.
- On the website from which the link is established, unless with the Entity’s express prior written approval, no declaration of any nature may be made to the effect that the Entity has authorized the link. If the Entity providing the link from its webpage to the Website wishes to include on its own webpage any brand, denomination, commercial name, label, logo or any other sign which identifies the Entity and/or the Website, they must obtain previous, express and written authorization from the Entity.
- The Entity forbids the link to the Website from all those webpages which contain materials, information or contents which are illegal, degrading, obscene and in general, which infringe upon morality, public order, current legislation, generally accepted social rules or which harm the legitimate rights of third parties.
When it is required that the User registers or provides personal data (in order to access services, subscribe to newsletters, carry out any registration process, request information, acquire products, make consultations or complaints or to solicit any contractual transaction, among others), the User will be alerted as to the need to provide his/her personal data.
11. DURATION AND MODIFICATION
The Entity reserves the right to modify any of the terms and conditions of this Legal Notice without prior notification and the particular terms and conditions which may have been established for the use and/or contracting of the products and services provided through the Website, whenever it deems it appropriate due to business reasons and/or in order to adapt and comply with any changes in legislation and in technology which have become effective since the last publication of the same on the Website.
The term of this Legal Notice coincides with the duration of its publication and exhibition in the Website, until such time as it is totally or partially modified. At such moment, the modified terms & conditions will become binding.
The Entity may, at any time, finalize, cancel or interrupt access to the published content. In any such case the User will have no right to claim compensation of any kind. Following any such cancellation, the prohibitions that are set out above in this Legal Notice regarding the use of contents will remain valid.
For any communication between the Entity and the User, the User must contact with the Entity through the postal and/or email address provided on the Website. Communications from the Entity to the User must comply with the contact information provided by the User. The User therefore expressly accepts the use of the email address provided as a valid means for the exchange of information between the Entity and the User.
The headings of the different sections herein only have an informative nature and do not affect, qualify or modify the interpretation of this Legal Notice.
Where there is any discrepancy between the effects of this Legal Notice and the particular terms & conditions which may be established in relation to any specific products or services offered in the Website, the latter will prevail.
Where any one of the provisions set forth in this Legal Notice could be considered as not being totally or partially binding by a Court of Law or by a recognized regulatory body, such nullity will not affect the other provisions contained in this Legal Notice nor any other provisions which have been established.
Where the Entity does not exercise any of the rights contained in this Legal Notice, such event will not constitute a relinquishment of this right, unless expressly stated in writing.
14. GOVERNING LAW AND JURISDICTION
This Legal Notice, and any relationship arising out of its acceptance or related hereto, shall be governed exclusively by the laws of Spain.
The competent courts to resolve any controversy that arises from or is related to this Legal Notice and/or any relationship arising from its acceptance will be determined according to the applicable law.
© 2020 ¡Hola!, Inc. All rights reserved.