I.- GENERAL INFORMATION
Identifying Data
By virtue of what is provided for in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), regarding compliance with the duty to inform, the following data is detailed: The COMPANY owner of "EL CIERRE DIGITAL" is GRUPO DE COMUNICACIÓN EL CIERRE, S.L., domiciled in Madrid, Plaza Beata María Ana de Jesús n 5 floor 7 left, 28036 Madrid, with Tax ID: B-87956694 and registered in the Commercial Registry of Madrid, VOLUME 36755, FOLIO 200, Sheet M-658561 Registration 1st (hereinafter Grupo El Cierre or El Cierre Digital).
The ownership of this website, https://elcierredigital.com/ (hereinafter the Website), is held by GRUPO DE COMUNICACIÓN EL CIERRE, S.L. (hereinafter Grupo El Cierre).
Contact Phone: 91 539 63 95
Contact Email: info@elcierredigital.com
II.- GENERAL TERMS AND CONDITIONS OF USE
Purpose of the conditions: The Website
The purpose of these General Terms of Use (hereinafter Conditions) is to regulate access to the use of the Website. For the purposes of these conditions, Website shall be understood as: The appearance of screen interfaces, both statically and dynamically, that is, the navigation tree and all elements integrated both in the screen interfaces and in the navigation tree (hereinafter Contents) and all those online services or resources that may be offered to Users (hereinafter services).
Grupo El Cierre reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time Grupo El Cierre may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.
Access to the Website by the User is free and, in general, is free of charge without the User having to provide consideration to be able to enjoy it, except in relation to the cost of connection through the telecommunications network provided by the access provider that the User may have contracted.
The use of any of the Contents or Services of the Website may be done through prior subscription or registration of the User.
The User
User shall be understood as the person who accesses, navigates, uses or participates in the services and activities, whether free or paid, developed in or included on the Website, including comments and/or blogging spaces. Consequently, the User accepts, from the moment they begin browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance according to the case. Given the relevance of the above, it is recommended that the User read them carefully each time they visit the Website.
Regardless of the general conditions, El Cierre Digital may establish particular conditions that regulate the use and/or contracting of specific services offered to Users through the Website.
It shall be understood that access or mere use of the Website implies adherence by the User to the general conditions that are published at any time and that will be available to users.
The Website under the domain https://elcierredigital.com/ provides great diversity of information, services, programs and data. The User assumes responsibility for making correct use of the Website. This responsibility shall extend to:
Use of the information, Contents and/or Services and data offered by El Cierre Digital without being contrary to what is provided by these conditions, the Law, morality or public order, or that in any other way may constitute injury to the rights of third parties or the very functioning of the Website.
The veracity and lawfulness of the information provided by the User in the forms extended by El Cierre Digital for access to certain Contents or Services offered by the Website. In any case, the User will immediately inform El Cierre Digital about any fact that allows improper use of the information registered in said forms, such as, among others, theft, loss or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.
Among the obligations of users is to make diligent, lawful and appropriate use of the contents and services of the Website, among others the chat services, opinion exchange forums or newsgroups. Therefore, in an enunciative and non-limiting manner, the User undertakes to refrain from and not use them to:
Engage in illicit activities, contrary to law, morality, good customs and public order.
Send advertising with information of any kind obtained from the Website, communications for commercial purposes, unsolicited messages directed to a plurality of people regardless of their purpose and disseminate or commercialize in any form and manner said information.
Reproduce, distribute, allow public access through any means of public communication, copy, transform and modify content unless authorized by the rights holder or legally permitted.
Disseminate content or propaganda of a xenophobic, racist, illegal pornographic nature, apologizing for terrorism or attacking human rights.
Attempt to access other users' email accounts and, where appropriate, their use, as well as modification and manipulation of message content.
Cause damage to the physical and logical systems of Grupo El Cierre, third parties and providers and advertisers.
Disseminate and/or introduce computer viruses into the network, as well as any other logical or physical systems that may cause damage to the systems indicated in the previous point.
El Cierre Digital reserves the right to remove any comments and contributions that may violate people's rights, are xenophobic, racist, illegal pornographic, spamming, discriminatory, attack human dignity, youth or childhood, which, in the opinion of Grupo El Cierre, are not appropriate to publish and that go against, alter or attack public security and public order.
In any case, El Cierre Digital will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
Mere access to this Website does not imply establishing any type of commercial relationship between El Cierre Digital and the User.
The User declares to be of legal age and to have sufficient legal capacity to be bound by these Conditions. Therefore, this El Cierre Digital Website is not directed to minors. The Website declines any responsibility for non-compliance with this requirement.
The Website is primarily directed to Users fundamentally residing in Spain, or with interest in its content, regardless of place of residence. However, El Cierre Digital does not ensure that the Website complies with legislation of other countries, either totally or partially. If the User resides or has their domicile elsewhere and decides to access and/or browse the Website, they will do so under their own responsibility, must ensure that such access and browsing complies with local legislation applicable to them, with El Cierre Digital assuming no responsibility that may derive from said access.
El Cierre Digital may enable third parties to advertise or provide their services through the Website. In this regard, it will not be the responsibility of Grupo El Cierre to establish the general and particular conditions that are subject to consideration in contracting, providing or using these services by third parties and, consequently, cannot be considered responsible for said services.
In those cases where it is necessary for a User, to access any of the services or content, to register or provide personal data, the provisions of the Confidentiality Policy, which appears on the Website, will apply to the collection and processing of said personal data. Likewise, the User is obliged to provide truthful and lawful information. As a consequence of registration, the User may be provided with a password for which they will be responsible, undertaking to make diligent and confidential use of it.
Therefore, the user must carefully read the particular conditions created for this purpose before using and/or contracting the specific services or content offered by El Cierre Digital or by third parties. The use and/or contracting of said specific services or content implies acceptance of the particular conditions that regulate them at the time of their use and/or contracting.
III.- ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND RESPONSIBILITY
The Website facilitates access to a great variety of information, services, programs or data that make up the contents on the internet and that belong to Grupo El Cierre (El Cierre Digital) or its licensors.
El Cierre Digital does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. El Cierre Digital will do everything possible for the proper functioning of the Website, however, it is not responsible for or guarantees that access to this Website will not be interrupted or that it is error-free.
Nor is it responsible for or guarantees that the content or software that may be accessed through this Website is error-free or causes damage to the User's computer system (Software and hardware). Under no circumstances will El Cierre Digital be responsible for losses, damages or harm of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
El Cierre Digital is also not responsible for damages that could be caused to Users by improper use of this Website. In particular, it is not responsible in any way for crashes, interruptions, lack or defect of telecommunications that could occur.
El Cierre Digital declines any responsibility regarding comments made by users in chats, forums or any other participation tool, not assuming at any time the opinions expressed by users and, consequently, not being responsible for them.
Likewise, El Cierre Digital reserves the right to deny access to its Website and/or the Services and Contents offered to those users who breach these general terms of use, without the need for any prior notice, both on its own initiative and at the request of third parties.
El Cierre Digital will ensure compliance with these general terms of use, pursuing any breach and those cases of improper use of the Website. For this purpose, it reserves the use of whatever actions correspond to it, both before civil and criminal jurisdiction.
El Cierre Digital may modify, totally or partially and at any time, the established conditions, which must be published in the same way as the current ones.
Spanish legislation shall apply to these conditions, since the relationship between any User and El Cierre Digital is governed by the indicated legislation. Any discrepancy or controversy arising from said relationship is subject to the jurisdiction and competence of the courts and tribunals of Madrid capital.
IV.- LINKS POLICY
It is reported that the El Cierre Digital website (elcierredigital.com) provides or may provide Users with linking means (such as links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.
The installation of these links, directories and search engines on the Website is intended to facilitate Users' search for and access to information available on the internet, without this being considered a suggestion, recommendation or invitation to visit them.
El Cierre Digital does not offer or market by itself or through third parties the products and/or services available on said linked sites.
Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its ownership that may be accessed through the links.
El Cierre Digital will under no circumstances review or control the content of other websites, nor does it approve, examine, or make its own the products and services, content, files and any other material existing on the referred linked sites.
El Cierre Digital assumes no responsibility for damages and harm that could be produced by access, use, quality or lawfulness of the contents, communications, opinions, products and services of websites not managed by El Cierre Digital and that are linked on this Website.
The User or third party who makes a hyperlink from a web page of another, different, website to the El Cierre Digital Website, must know that:
Reproduction –total or partial- of any of the Contents and/or Services of the Website is not permitted without the express authorization of El Cierre Digital.
No false, inaccurate or incorrect statement about the El Cierre Digital Website, nor about its Contents and/or Services is permitted either.
Except for the hyperlink, the website on which said hyperlink is established will not contain any element, from the Website, protected as intellectual property by the Spanish legal system, except with express authorization from El Cierre Digital.
The establishment of the hyperlink will not imply the existence of relationships between El Cierre Digital and the owner of the website from which it is made, nor the knowledge and acceptance by El Cierre Digital of the contents, services and/or activities offered on said website, and vice versa.
V.- INTELLECTUAL PROPERTY
Grupo de Comunicación El Cierre, S.L. (El Cierre Digital), by itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not limitation, images, sound, audio, video, software or texts, trademarks and/or logos, color combinations, structure and design, selections of materials used, computer programs necessary for its operation, access and use, etc). They will, therefore, be works protected as intellectual property by the Spanish legal system, with both Spanish and community regulations in this field being applicable, as well as international treaties related to the matter and signed by Spain.
All rights are reserved and, by virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including its method of making available all or part of the contents of this web page for commercial purposes, in any medium and by any technical means, without authorization from El Cierre Digital, is expressly prohibited.
For those cases in which the User or a third party might consider that any of the Website Contents constitutes a violation of intellectual protection rights, they must immediately communicate this to El Cierre Digital through the contact information in the General Information section of this Legal Notice and General Terms of Use.
VI.- APPLICABLE LEGISLATION AND JURISDICTION
The relationship between the User and El Cierre Digital will be governed by Spanish Legislation.
Grupo de Comunicación El Cierre, S.L. (El Cierre Digital), reserves the right to initiate civil or criminal actions it deems necessary for improper use of the Website, its Contents, or for breach of these Conditions.
In the event that there is any controversy in relation to the interpretation and/or application of these Conditions, the parties will submit to the jurisdiction and competence of the courts and tribunals that correspond according to law.
Last modification: July 29, 2018.