DATA PROTECTION AND LEGAL NOTICE:
Julia Vidal Álvarez (hereinafter DALALBA), reserves the right to modify these General Conditions of Use in order to adapt them to current legislation applicable at all times, jurisprudential developments and usual market practices. Likewise, DALALBA reserves the right to carry out, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions of Use and, in general, of how many elements integrate the design and configuration of the Website.
These General Conditions of Use do not exclude the possibility that certain services of the Website, due to their particular characteristics, are subject, in addition to the General Conditions of Use, to their own particular conditions of use (hereinafter, the “Particular Conditions”)
The use by the User of any of the services of the Website implies and expresses its adhesion and express acceptance to all the General Conditions of Use in the version published on this website at the time the User accesses the Website, as well as the Particular Conditions that, where appropriate, apply.
2.TITULARITY OF THE WEBSITE
This Website and the DALALBA brand are owned by Julia Vidal Álvarez,
NIF: 77405619Q, with address at Rúa de Santiago nº 5, 36.202 Vigo, (Pontevedra) – Spain.
3.CONDITIONS OF ACCESS AND USE OF THE WEBSITE
The access and/or use of the DALALBA website attributes the condition of “User”, which accepts, from said access and/or use, the General Conditions of Use reflected here. The aforementioned Conditions will be applicable regardless of the Particular Conditions that, if applicable, are mandatory when the requested product or service is acquired.
3.2. Registration Need
In general, for the access to the contents and services of the Website, the User Registration will not be necessary. However, the use of certain contents and services may be conditioned to the prior registration of the User. This registration will be made in the manner expressly indicated in the service itself or in the Particular Conditions that apply to it.
When it is necessary for the User to register or provide personal data to be able to access any of the specific services, the collection, treatment and, where appropriate, the transfer or access of the personal data of the Users will apply as provided in point 3 “Data Protection”.
3.3. Access to the Website.
The simple access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
3.4. User Obligations.
The User acknowledges and accepts that the use of the contents and / or services offered by DALALBA will be at his/her sole risk and / or responsibility.
In general, the User is obliged to comply with these General Conditions of Use, if applicable, the Particular Conditions that were applicable, as well as comply with the special warnings or instructions contained in them or on the Website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence to the nature of the service you enjoy, refraining from using the Website in any way that may prevent, damage or deteriorate the normal operation of the same, the goods or rights of DALALBA, its suppliers, the rest of Users or in general of any third party.
To access the information contained in the website and make use of the products and / or services offered, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for the acts they carry Out of the minors under their care, in accordance with current regulations.
Specifically, and without implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User is obliged, in the use of the Website, as well as in the provision of services to:
- In the case of registering, the User undertakes to provide truthfully the data provided and keep them updated.
- Not to introduce, store or disseminate on or from the Website, any information or material that was defamatory, abusive, obscene, threatening, xenophobic, incites violence to discrimination based on race, sex, ideology, religion or any other Attentive form against morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the regulations in force.
- Do not enter, store or disseminate through the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the Website, in any of the services, or in any of the equipment, systems or networks of the DALALBA, of any User, of the suppliers of DALALBA or in general of any third party, or that in any other way is capable of causing them any type of alteration or preventing the normal operation of them.
- Not to carry out advertising, promotional or commercial exploitation activities through the Website, not using the contents and in particular the information obtained through the Website to send advertising, send messages for direct sale or for any other commercial purpose, or to collect or store personal data of third parties.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
- Do not transmit unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.
- Do not enter or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
- Do not use false identities, or supplant the identity of others in the use of the Website or in the use of any of the services of the Website, including the use of passwords or access codes of third parties or in any other way.
- Do not destroy, alter, use for use, disable or damage the data, information, programs or electronic documents of DALALBA, its suppliers or third parties.
- Not to introduce, store or disseminate through the Website any content that infringes intellectual property rights, industrial or business secrets of third parties, nor in general any content that does not, in accordance with the law, have the right to make it available to third parties.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
DALALBA reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or that, in their opinion, will not be suitable for publication.
In any case, DALALBA will not be responsible for the opinions expressed by the Users through communication application or other participation tools.
4.INTELLECTUAL AND INDUSTRIAL PROPERTY. HYPERLINK PROHIBITION
All intellectual property rights of the domain of the Website and the Web sites as well as their contents (data, texts, information, logos, images, sounds, videos, designs, icons, buttons, software, trade names, drawings, graphics, links) belong either to DALALBA, or to third-party owners who have assigned their rights, so that no User is authorized to use them, or print them or store them under any physical support in any case other than their private and personal use. The modification, decompilation or commercial use of any part is therefore, prohibited.
It is only authorized the use of the Website for services and informational purposes, it can be cited as long as the source is cited or referenced, being the User, the only responsible for their misuse.
The data, texts, information, graphics or links published on the website, are collected for informational purposes only for all those interested in them without their access, generating commercial, contractual or professional relationship between DALALBA’s Users.
In no case should be understood that any license is granted or waiver, transmitted, totally or partially cession of said rights, nor is any right or expectation conferred, and especially, of alteration, exploitation, reproduction, distribution or public communication of said rights contents without the prior express authorization of DALALBA or the corresponding third parties. No link to the Website may be established from any other website without the prior and express consent of DALALBA and / or the affected third parties.
These behaviours may result in the exercise of judicial or extrajudicial actions that may correspond to DALALBA in the exercise of their rights and / or the affected third parties.
All content shared in the Website is under a Creative Commons license, if you wish to know more information about it click here: https://creativecommons.org/licenses/by-nc/4.0/legalcode
5.COMMERCIAL AND REGISTRATION BRANDS
DALALBA and all denominations that include the term DALALBA are registered trademarks, and their reproduction, imitation, use or insertion of these marks is prohibited without our proper authorization.
The Website makes available to the User technical link devices and search tools that allow the User access to websites owned by other entities (links).
The User acknowledges and accepts that the use of the services and contents of the linked websites will be at his sole risk and responsibility and exempts DALALBA from any responsibility for the technical availability of the linked websites, the quality, reliability, accuracy and / or veracity of the services, information, elements and / or contents that the User can access in them and in the search directories included in the Website.
DALALBA will not be indirectly or subsidiarily responsible for damages of any kind arising from:
- The operation, unavailability, inaccessibility and lack of continuity of the linked websites and / or the available search directories;
- The lack of maintenance and updating of the contents and services contained in the linked web sites;
- The lack of quality, inaccuracy, illegality, uselessness of the contents and services of the linked web sites.
The exemption from liability indicated in the preceding paragraphs will be applicable in the event that DALALBA does not have effective knowledge that the activity or information to which it refers is unlawful or that it injures property or rights of a third party susceptible to compensation or, If you have it, act diligently to remove data and content or make access to them impossible.
On this Website you will find links or hyperlinks to other websites. We want to draw your attention to the fact that DALALBA does not have any influence or control over their content and design and, therefore, is not responsible for the updating and / or quality of the information provided therein. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
7.EXCLUSION OF GUARANTEES AND RESPONSIBILITY
7.1. Availability and Continuity of the Website.
DALALBA does not guarantee the correct operation regarding the availability and continuity of our website. Consequently, DALALBA is exempt from any liability arising from the incorrect operation or interruptions of our websites.
The User is prohibited from any type of action on our website that causes excessive operating overload to our computer systems, as well as the introduction of viruses, or installation of robots, or software that alters the normal functioning of our websites.
DALALBA is not responsible, with the limits established in current legislation, for damages of any kind that may be caused as a result of unavailability, access failures and lack of continuity of the Website.
7.2. Contents and Services of DALALBA.
DALALBA will respond solely and exclusively for the services it provides for itself and for the contents directly originated by DALALBA. That responsibility will be excluded in cases where force majeure cases occur or in cases where the configuration of the User’s equipment is not adequate to allow the correct use of Internet services provided by DALALBA. In any case, the possible responsibility of DALALBA against the User for all the concepts will be limited to the amount of the amounts received directly from the User by DALALBA, excluding in any case responsibility for indirect damages or loss of earnings.
7.3. Contents and Services of third parties.
DALALBA does not previously control, approve or endorse the contents, services, opinions, communications data, files, products and any kind of information of third parties, legal or physical persons, collected on the Website. Likewise, it does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the contents, information and services of third parties on the Website.
DALALBA does not control beforehand and does not guarantee the absence of viruses and other elements in the contents and services provided by third parties through the Website that may introduce alterations in the computer system, electronic documents or user files
DALALBA will not be responsible, either indirectly or subsidiarily, for damages of any kind arising from the use and contracting of the contents and services of third parties on the Website, as well as the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and up to date of the same. With an enunciative character, and in no case limiting, you will not be responsible for damages of any kind derived from:
- Infringement of intellectual and industrial property rights and defective compliance or breach of contractual commitments acquired by third parties.
- The performance of acts of unfair competition and illegal advertising.
- The inadequacy and disappointment of the expectations of the services and contents of third parties.
- The vices and defects of all kinds of services and content of third parties provided through the Website.
The exemption from liability indicated in the preceding paragraphs will be applicable in the event that DALALBA does not have effective knowledge that the activity or information stored is illegal or that it injures property or rights of a third party susceptible to compensation, or if they had it act diligently to remove data and content or make access to them impossible.
7.4. User Conduct
DALALBA does not guarantee that the Users of the Website use its contents and / or services in accordance to the law, morality, public order, or these General Conditions of Use and, where appropriate, the Particular Conditions that result from application. Likewise, it does not guarantee the veracity and accuracy, completeness and / or authenticity of the data provided by the Users.
DALALBA will not be liable, indirectly or subsidiarily, for damages of any kind arising from the use of the services and contents of the Website by Users or that may arise from the lack of veracity, accuracy and / or authenticity of the data or information provided by the Users, or the impersonation of the identity of a third party made by a User in any kind of action through the Website. By way of example, but not limitation, DALALBA will not be indirectly or subsidiarily responsible for:
- The contents, information, opinions and statements of any User or third parties or entities that communicate or display through the Portal;
- The damages caused to third parties derived from the use by the User of the services and contents of the Website;
- The damages caused by the lack of veracity, accuracy or incorrectness of the identity of the users and of any information that they provide or make accessible to other users;
- Of the damages and losses derived from infringements of any User that affect the rights of another User, or of third parties, including the rights of copyright, trademark, patents, confidential information and any other intellectual and industrial property rights.
The User acknowledges that he has understood all the information regarding the conditions of use of our websites, and acknowledges that they are sufficient for the exclusion of error in them, and therefore, accepts them in full and expressly.
8.CONTROLLMENT WITH THIRD PARTIES THROUGH THE WEBSITE
The User acknowledges and accepts that any contractual or extra-contractual relationship that, where appropriate, formalizes with the advertisers or third parties contacted through the Website, as well as their participation in competitions, promotions, purchase or sale of goods or services, are understood as being made only and exclusively between the User and the advertiser and / or third person. Consequently, the User accepts that DALALBA does not have any responsibility for damages or losses of any nature caused by its negotiations, conversations and / or contractual or extra-contractual relations with advertisers or third-party natural or legal persons contacted through of the Website.
9.RIGHT OF EXCLUSION
Without prejudice to the liability for damages and losses that may arise, DALALBA reserves the right to deny or withdraw access to its Website and / or the services and / or products offered without prior notice, at its own request or a third, to those users who fail to comply with these General Conditions of Use and / or the Particular Conditions that, where appropriate, are applicable.
10.DURATION AND TERMINATION
The provision of the services and / or contents of the Website has an indefinite duration. Notwithstanding the foregoing, DALALBA is entitled to terminate, suspend or discontinue unilaterally, at any time and without prior notice, the provision of the service and the Website and / or any of the services, without prejudice to what it would have been arranged in this respect in the corresponding Particular Conditions.
For the purposes of these General Conditions of Use, and for any communication that is necessary between DALALBA and the User, he must contact the Customer Service through the email account firstname.lastname@example.org and through the usual legal channels. The User expressly accepts for all communications related to the use of the Website, the use of email and personal and contact data that you provide as a valid procedure for the transmission of said communications.
In the event that DALALBA uses the so-called Social Plugins of social networks such as Facebook, Twitter and Google+, we inform you:
The Social Plugins of our website are deactivated by default, that is, they do not activate or send data to our social networks without the user of the website activating them. Therefore, in order to use the Social Plugins, you have to activate them by clicking on them. The purpose and purpose of collecting data from social networks, their rights and options available for the protection of their personal data, are described in the data protection notices of each of these social networks.
13.LEGAL NOTICE OF GOOGLE ANALYTICS
Regarding the treatment of data collected through analytical cookies such as those of Google Analytcs, the Working Group of Article 29 (European consultative body on data protection) has stated that, although they are not exempt from duty to obtain an informed consent for its use, it is unlikely that they represent a risk to the privacy of the users whenever they are first-party cookies, that treat aggregated data with a strictly statistical purpose, that information on their use is provided and It includes the possibility that users express their refusal to use it, something that applies to this website.
14.TERMS OF SERVICE
All the information that appears in the Website, is offered as a guide, as accurate and current as possible. Even considering in principle the content published as correct, it could contain errors, inaccuracies, or simply have been modified or deleted, so we suggest you repeat your visit to the Website after a few days and contact DALALBA.
15.APPLICABLE LEGISLATION AND JURISPRUDENCE
DALALBA will make use of the civil or criminal actions that by law correspond, before any improper use of its domain of the Websites. The relationship between DALALBA and the User will be governed by current Spanish regulations and is submitted to the competent Spanish courts and tribunals to hear about any conflict related to it. DALALBA expressly declines to submit to the Arbitration Boards, as well as any other arbitration proceedings.
Under Regulation (EU) 524/2013 of the European Parliament and of the council, of May 21, 2013, the European Commission provides an online dispute resolution platform which is available at the following link:
DALALBA users may submit their claims through the online dispute resolution platform.