LEGAL NOTICE AND GENERAL INFORMATION OF THE TERMS OF USE CONDITIONS OF THE WEBSITE
www.festa.es
I.GENERAL INFORMATION
In accordance with the duty of information set forth in the Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) from July 11th, the required data from the general information of this website is provided bellow:
The ownership of the website, www.festa.es, (hereinafter, “Web Site”), is owned by: Zabels Retail SL, whose contact information is:
Address: Calle de la Resina 67k, CP: 28021, Madrid
Tax ID: B-16838997
Phone number: (0034)913.608.880
E-mail address: hola@festa.es
(Hereinafter, “Festa”)
II. GENERAL TERMS AND CONDITIONS OF USE
The purpose of conditions the conditions: The Web Site
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Web Site. According to the actual conditions, it will be understood as Web Site: the external appearance of the screen interfaces, both static and Dynamic, i.e, the navigation tree; and all the elements integrated in both the screen interfaces and the navigation tree (hereinafter, Contents) and all those services or online resources offered to the Users (hereinafter, Services).
Festa reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services which may be incorporated therein. The User acknowledges and accepts that at any time Festa can interrupt, disable and/or cancel any of these elements that are integrated into the Website or the access to them.
The access to the Website by the User is free, and generally is free of charge without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User. The use of some of the Contents or Services from the Web Site could be done through the previous subscription or register of the User. The User
The access, navigation, and use of the Web Site, the same as the enabled spaces to interact between the Users, and between the Users and Festa, including the comments and/or blog spaces, confers the condition of User, therefore the Users accept since they start their navigation through the Web Site, all the Conditions established herein, including their future modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.
Festa´s Web Site provides a huge range of diversified information, services, and data. The User assumes his responsibility to make a proper use of the Web Site. This responsibility will extend to:
-A use of the information, Contents and/or services and data provided by Festa without being contrary to what it is established in the actual Conditions, the Law, the morality, or public order, or that in any other way can involve damage of third parties’ rights or the operation of the actual Web Site.
-The truthfulness and legality of the information provided by the Users in the forms provided by Festa for the access to certain Contents or Services offered by the Web Site. In any case, the User shall immediately notify Festa about any event that allows the improper use of the information registered in such forms, such as, but not only, theft, loss, or unauthorised access to identifiers and/or passwords, to proceed to their immediate cancellation.
Festa reserves the right to delete all those comments and contributions that violate the Law, if they are not respecting human dignity, if they are discriminatory, xenophobic, racist, pornographic, spamming, if they threaten youth or childhood, public order, or safety, or that, in their opinion, are not suitable for publication.
In any case, Festa would not be responsible for the opinions expressed by Users through comments or other blog or participation tools that may be available.
The mere access to the Web Site does not imply establishing any relationship between Festa and the User.
The User declares to have the legal age and to have the sufficient legal capacity to be bound by these Terms and Conditions. Therefore, this Web Site from Festa does not address people under the legal age. Festa declines any responsibility for the failure to comply with this requirement.
The Web Site is primarily directed to Users residing in Spain. Festa does not ensure that the Web Site complies with other Countries´ legislation, either in whole or partly. If the User resides or has his residence in any other place, and decides to enter and/or navigate through the Web Site, he will do this under his own responsibility, and will have to ensure that such access and navigation follows the local legislation that is applicated, as Festa does not assume any liability that may arise from such access.
III. ACCESS AND NAVIGATION THROUGH THE WEB SITE: EXCLUSION OF WARRANTIES AND LIABILITIES
Festa does not guarantee the continuity, availability, and utility of the Web Site, neither the Contents nor Services. Festa will make every effort to ensure the proper functioning of the Web Site, however, makes no representations or warranties that access to this Web Site will be uninterrupted or error-free.
Also, Festa doesn´t make representations or warranties that the content or software which can access through this Web Site, will be error-free or will not cause any damage to the informatic system (software y hardware) from the User. In any case Festa will be responsible for the loss, damage, or bias of any type that can arise from the access, navigation, and use of the Web Site, including but not limiting, to the ones caused to computer systems or those caused by the introduction of viruses.
Festa, also doesn´t make representations for the damage that could be occasioned to the Users for the unproper use of the Web Site. Particularly, it doesn't make representations of any telecommunications outages, interruptions, faults, or defects that may occur.
IV. LINK POLICY
Be informed that the Festa Web Site makes or may make available for Users linking means (like it can be links, banners, buttons), directories and search motors which allow Users to access belonging websites and/or managed by third parties.
The installation of these links, directories and search motors in the Web Site has the purpose of facilitating the User the research and access to the information available on the Internet, without being considerate as a suggestion, recommendation, or invitation to visit them.
Festa does not itself or through third parties offer or market the products and/or services available on such linked sites.
Therefore, it doesn’t guarantee the technical availability, accuracy, truthfulness, validity, or legality of sites not owned by them to which can be accessed through the links.
Festa in any case will revise or control the content of other websites, neither it approves, examines nor they endorse the products and services, contents, documents, and any other material existent in those links.
Festa, also doesn't make representations for the damages that can occur by the access, use, quality or lawfulness of the contents, communications, opinions, products, and services from the websites not managed by Festa and that are linked in this Web Site.
The User or third party which realise a hyperlink from a website different from the Web Site of Festa, should know that:
It’s not permitted the reproduction -total or partial- of any of the Contents and/or Services from the Web Site without Festa’s authorization.
It’s not permitted any false, inexact or incorrect manifestation about Festa’s Web Site, nor their Contents and/or Services.
As an exception for the hyperlink, the website in which such hyperlink establishes won’t contain any element, from this Web Site, protected as an intellectual property by the legal Spanish system, except for Festa’s authorisation.
The establishment of the hyperlink won’t imply the existence of any relationship between Festa and the owner of that website, nor the knowledge and acceptance from Festa about the contents, services and/or activities provided on such web site, and vice versa.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY
Festa by itself or as assignee, is the owner of all the intellectual and industrial property rights from the Web Site, including the elements inside them (including but not limited to images, sound, audio, video, software or text, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access, and use, etc.). As a result, they are works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and subscribed by Spain.
All reserved rights. As it is arranged in the Intellectual Property Law, the reproduction, distribution, and public communication, including the mode of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without Festa’s authorization are expressly prohibited.
The User undertakes to respect the intellectual and industrial property rights of Festa. The User will be able to display the elements from the Web Site or even print, copy, and store them in their computer’s hard disk or on any other physical medium, only if it is provided exclusively for personal use. The User, however, cannot suppress, toggle, or manipulate any protectional device or security system that is installed in the Web Site.
In case the User or a third party considers that any of the Contents of the Web Site suppose a violation of the intellectual property protection rights, should be communicated immediately to Festa through the contact data shown in the GENERAL INFORMATION section from this Legal notice and general terms and conditions of use.
VI. LEGAL ACTIONS, APPLICABLE LAW, AND JURISDICTION
Festa reserves the right to file the civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for the default of these Conditions.
The relationship between the User and Festa shall be governed by the regulations in force and applicable in the Spanish territory. In the event of any controversy regarding the interpretation and/or the application of these Conditions, all the parties shall submit their disputes to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to law.