The purpose of this document is to establish the General Conditions of Use of bthebeachbrand.com (onwards the website) owned by Maria Rosiñol Gimeno (onwards the website owner), domiciled in Barcelona. Contact email; firstname.lastname@example.org.
The website owner 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.
These General Conditions of Use do not exclude the possibility that certain Services, due to their particular characteristics, will be subject, in addition to the General Conditions of Use, to their own particular conditions of contract (onwards the Particular Conditions of Contract).
The use by the User of any of the Services implies their 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 portal, as well as the Particular Conditions of Contract that, where appropriate, are applicable.
2. CONDITIONS OF ACCESS AND USE OF THE WEB
2.1 User conditions
2.2 User Registration
In general, the User Registration will not be necessary for access to the website. However, the use of certain Services (which will be reported on the web) is subject to the prior User Registration. This registration will be carried out in the manner expressly indicated in the Service itself or in the Particular Conditions of Contract that apply to it.
2.3 Web use and Services
The User acknowledges and accepts that the use of the contents and / or services offered on the website will be at his sole risk and / or responsibility.
Access to certain services of the website is subject to prior registration by filling in the corresponding form (“registration form”). The portal owner reserves the right to freely accept or reject your registration request. In any case, the data you enter in the registration form must be accurate, current and truthful at all times.
You acknowledge and agree that access to and use of the website and / or the services takes place freely and consciously, under your sole responsibility. The owner of the portal will not be in any case responsible for the use that you could make of the website or the services, nor for the damages that could be derived from it.
The User undertakes to use the website and all its content and Services in accordance with the provisions of the law, morality, public order and in these General Conditions of Use, and in the Particular Conditions of Contract that, where appropriate, are of application. Likewise, it undertakes to make proper use of the services and / or contents of the website and not to use them to carry out illegal or constitutive activities that violate the rights of third parties and / or that infringe the regulation on intellectual and industrial property, or any other rules of the applicable legal system.
The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (contained data, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions of Use and, where appropriate, to the Particular Conditions of Contract that apply to it.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents, elements and information that the user can access through the web are subject to industrial and intellectual property rights, of the owner of the portal or third party owners. Consequently, access to these contents or elements does not grant the User the right of alteration, modification, exploitation, reproduction, distribution or public communication or any other right that corresponds to the owner of the affected right.
The User must refrain from deleting the identifying signs of the rights (of intellectual property, industrial or any other) of the owner of the portal or of the third parties that appear on the Portal and in each of the various Services offered through it. Likewise, the User must refrain from circumventing or manipulating any technical devices established by the owner of the portal or by third parties, either on the Portal, in any of the Services or in any of the materials, elements or information obtained through it, for the protection of their rights.
4. EXCLUSION OF GUARANTEES. RESPONSIBILITY
4.1 Web Availability and Continuity
The website owner does not guarantee the availability, access and continuity of the operation of the website and its Services.
The website owner will not be liable, with the limits established in the current legal system, for the damages caused to the User as a result of the unavailability, access failures and lack of continuity of the website and its Services.
4.2 Content and Services
The website owner, will respond solely and exclusively to the Services provided by itself and the directly originated content. That responsibility will be excluded 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 on the web.
The website owner will not be liable, indirectly or subsidiarily, for damages of any kind arising from the negligent or malicious use of the email accounts used for any type of insertion, communication, management or action in the Portal.
The website owner will not be liable, indirectly or subsidiary, for damages of any kind caused to the User as a result of the presence of viruses or other elements in the contents and Services provided by third parties that may cause alterations in the computer system , electronic documents or user files.
The exemption from liability indicated in the previous paragraphs will be applicable in the event that the website owner does not have effective knowledge that the activity or information stored is unlawful or that it injures property or rights of a third party susceptible to compensation, or if they did, act diligently to remove data and content or make access to them impossible.
5. LINK TEXT AND SEARCH TOOLS
The website owner makes available to users, link texts and search tools that allow them to access websites owned by other entities.
The web user acknowledges and accepts that the use of the contents of the linked web pages will be at his sole risk and responsibility and exempts the owner of the portal from any responsibility for technical availability of the linked web pages, quality, reliability accuracy and / or truthfulness of the services, information, elements and / or contents that the client can access in them.
The website owner will not be indirectly or subsidiarily liable for damages of any kind arising from a) the operation, unavailability, inaccessibility and absence of continuity of the linked web pages; b) the lack of maintenance and updating of the contents and services contained in the linked web pages; c) the lack of quality, inaccuracy, illegality, uselessness of the contents and services of the linked web pages.
6. PERSONAL DATA PROTECTION
The website owner reserves the right to make the modifications it deems appropriate, being able to modify, delete and include, unilaterally and without prior notice, new content and / or services, as well as the way in which they are presented and located.
b. Right of Exclusion
The owner of the portal reserves the right to deny or withdraw access to the Portal and / or the services offered, without prior notice at its own request or from a third party, to those users who may be in breach of these General Conditions of Use and / or the Particular Conditions of Contract that, where appropriate, are applicable.
7. DURATION AND TERMINATION
The provision of the services and / or contents of the website has an indefinite duration. However, the website owner is entitled to terminate, suspend or interrupt 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 would have been arranged in this regard in the corresponding particular conditions.
8. LAW AND JURISDICTION
All issues related to the website are governed by Spanish Law and are subject to the jurisdiction of the Courts and Tribunals of Barcelona.