CONDITIONS OF ACCESS AND USE OF THE WEB
LEGAL NOTICE AND INFORMATION AND ACCEPTANCE
This legal notice and information (hereinafter, “Legal Notice” ) controls the use of the website "www.epsmaps.com” (hereinafter the" Site ") that The Etailers (hereinafter “Etailers” ) registered in C/ Sancho d'Avila 52-58 5º 4ª, Barcelona, Spain; with the e-mail adress email@example.com , makes available to Internet users.
The use of this website confers the status of Site User (hereinafter the “User” ) and implies full and unsererved acceptance of each and every one of the resolutions contained in this Legal Notice as published by Etailers at the very moment when users access to our Site. Consequently, the User should read this Legal Notice in each of the occasions on which the User intent to access to these pages, since Disclaimer may be modified.
The use of certain services offered to Users through the Site is subject to specific conditions (hereinafter the "Conditions") which, as the case may substitute, complete and / or modify this Legal Notice. Therefore, before using these services, the user also have to read carefully the relevant Conditions.
Also the use of the Site is also subject to all notices, use regulations and directions made the User by Etailers that replace, supplement and / or modify this Legal Notice.
Through the Site, Etailers provides Users access and use of various services, products and contents (hereinafter the "Services") made available by Etailers or third parties.
1.Free access and use of the Site. The provision of the Services, by epsmaps.com , has, in any case free of charge for users. Neverthelss, some of the services provided by epsmaps.com or by third parties through the Site are required to pay a price in the manner set forth in the relevant Conditions.
2.User registration. IN GENERAL, THE PROVISION OF THE SERVICES SUBSCRIPTION DOES NOT REQUIRE PRIOR REGISTRATION OF USERS. HOWEVER, Etailers, CONDITIONS THE USE OF SOME OF THE SERVICES TO THE PRIOR COMPLETION OF APPORPIATE USER REGISTRY, WHICH IS AVAILABLE FOR THOSE WHO WISH TO REGISTER. LIKEWISE, Etailers OFFERS USERS TO USE SOME SERVICES WHICH REQUIRE THE COMPLETION OF ADDITIONAL RECORDS. THE REGISTER MUST BE MADE IN THE MANNER EXPRESSLY INDICATED IN THE SERVICE ITSELF OR IN THE SPECIFIC CONDITIONS TO GOVERN IT.
3.Accuracy of the information. All information provided by the User through the Services must be truthful. For this purpose, the User guarantees the authenticity of all data communicated as a result of completing the forms necessary for the subscription of the Services. Similarly, it is the Users' responsability to keep all information provided to Etailers constantly updated so that it reflects, at every moment, the situation of the User. In any event, the User shall be solely responsible for any false or inaccurate statements made and the damages caused to Etailers or to third parties by the information provided.
4.Minors. To make use of the Services, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts performed by children in their care.
The full responsibility in determining the specific content and services to which minors have access lies with the adults who are in charge. As the Internet allows access to content that may be inappropiate for minors, it informs Users that there are mechanisms, including software filters, that limit the content available and, while not infallible, are particularly useful to control and restrict the materials to which minors have access.
5.Obligations to make proper use of the Site. The User undertakes to use the Site and the services available through them in accordance with the law, this legal notice, the specific conditions of certain services and other notices, regulations and instructions of which they are informed, as well as morality and generally accepted good practices and public order.
To this end, the User shall not use any of the Services for illicit purposes, forbidden in this Legal Notice, prejudicial to the rights and interests of third parties, or in any way damage, disable, overburden, impair or prevent the normal use of the Services, equipment or documents, files and all kind of contents stored on any computer (hacking) of epsmaps.com , other users or anyone on the Internet (hardware and software).
In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, distribute or make available to third parties information, data, content, messages, graphics, pictures, sound files and / or images, photographs, recordings, software and, in general, any kind of material that:
A) is in any way contrary to, disparages or undermines fundamental rights and public freedoms recognized in the Constitution, international treaties and other legislation;
B) induces, incites or promotes any criminal, degrading, defamatory, offensive, violent or, in general, contrary to law, morality and generally accepted good practices or public order;
C) induces, incites or promotes actions, attitudes or thoughts discrimination on grounds of sex, race, religion, creed, age or condition;
D) incorporates, to make available or allow access to products, items, messages and / or services that are criminal, violent, offensive, harmful, demeaning or, in general, contrary to law, morality and generally accepted good practices or public order;
E) induces or could induce an unacceptable state of anxiety or fear;
F) induces or incites involvement in practices which are dangerous, risky or harmful to health and mental well;
G) is false, ambiguous, inaccurate, exaggerated or untimely, so that induces or misleading about its purpose or the intentions or purposes of communicating;
H) is protected by any rights of intellectual or industrial property belonging to third parties without the User having previously obtained the necessary authorization holders to carry out the use made or intended;
I) violates the secrets of third parties;
J) is contrary to the right to honor, personal and family privacy or one´s own image;
K) in any way impairs the credit of epsmaps.com or others;
L) infringes regulations on privacy of communications;
M) constitutes, in its case, illegal, deceptive or unfair advertising and, in general, constitutes unfair competition;
N) incorporates virus or other physical or electronic elements that may damage or impede the normal operation of the network, system or computer equipment (hardware and software) epsmaps.com or third parties or that may damage the electronic documents and files stored on such computer equipment;
O) causes due to its characteristics (such as format, length, etc..) difficulties in the operation of theService;
P) contains HTML tags different to those expressly authorized by epsmaps.com .
6.Obligation to make proper use of the Content. In accordance with the provisions of clause 3.5, the User undertakes to use the contents made available to Users in the Site, which is understood, but are not limited to, text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as graphic design and source code (hereinafter, the "Contents") in accordance with the law, this Legal Notice, the specific Conditions of certain Services and other notices, use regulations and instructions made known, as well as morality and generally accepted good practices of morality and public order, and in particular, the User undertakes to refrain from:
(a) reproducing, copying, distributing, making available or otherwise publicly communicating, transforming or modifying the Contents, except with the authorisation of the holder of the corresponding rights or when permitted by law;
(b) suppressing, manipulating or in any way altering the copyright and other data identifying of the reserved rights of epsmaps.com or of its holders, of the fingerprints or any other technical means established for their recognition. Users must refrain from obtaining and even trying to obtain the Contents using means or procedures other than those which they have been provided, in each case, for this purpose or which they have been indicated to this effect in the web pages where the Contents are found or, in general, those regularly used on the Internet to this effect provided they entail no risk of damaging or rendering useless the web site, the Services and/or the Contents.
7.Use of the Services offered on the Site in accordance with the Anti-Spamming Policy epsmaps.com . The User undertakes to refrain from:
(i) collecting data for advertising purposes and to transmit any kind of publicity and communications for the purpose of sale or other commercial purpose without their prior request or consent;
(ii) sending any other unsolicited messages or prior consent to a plurality of persons;
(iii) sending chains of electronic messages which have not been requested or for which prior consent has not been obtained;
(iv) using any distribution list that could be accessed through the services for the execution of the activities indicated in items (i) to (iii) above;
(v) making available to third parties for any purpose, data collected from distribution lists.
Users or third parties affected by the reception of non-requested messages sent to a group of people will be able to notify this to epsmaps.com by sending a message to the following email address: firstname.lastname@example.org
8.Inserting hyperlinks that allow access to web pages of the Site and Services. Users and, in general, those persons who intend to establish a hyperlink between their web page and the Site (hereinafter, the "Hyperlink") should meet the following conditions:
(a) the Hyperlink will only give access to the home-page or start page of the Site. but it can not reproduce them in any way;
(b) no frame will be created on the web pages of the Site;
(c) no false, inexact or incorrect declarations or indications will be made regarding epsmaps.com , its executives, its employees or the web pages of the Site and the Services provided;
(d) no statement will be made or implied that epsmaps.com has authorised the Hyperlink or has supervised or in any way assumed the services offered or made available in the web page in which the Hyperlink is established;
(e) Except for those signs that are part of the Hyperlink, the web page where the Hyperlink is established will contain no trademark, brand name, label, name, logotype, slogan or other distinguishing signs belonging to epsmaps.com ; and
(f) the web page where the Hyperlink is established will contain no information or illegal contents contrary to moral and generally accepted good practices and public order. Furthermore it will contain no contents contrary to any third party rights. The establishment of the Hyperlink shall in no event imply the existence of any relation between epsmaps.com and the owner of the web page in which it is established, nor the acceptance or approval by epsmaps.com of its contents or services.
NO LICENSE. All trademarks, trade names or logos of any kind that appear on the Site are the property of epsmaps.com or third parties, can not be deemed that the use or access to the Site and / or the Services grant the User any rights conferred on trademarks, trade names and / or logos.
Also, the Contents are copyrighted by epsmaps.com or third parties, without being interpreted transferred to the User under the provisions of this Legal Notice, none of the exploitation rights that exist or may exist in such content beyond what is strictly necessary for the proper use of the Site and the Services.
DISCLAIMER OF WARRANTIES AND LIABILITY
1. Disclaimer of guarantees and liability for the operation of the Site and the Services.
1. Availability and continuity, usefulness and fallibility.
epsmaps.com does not guarantee the availability and continued operation of its Site and Services. When reasonably possible, epsmaps.com will give notice of interruption in the operation of the Site and Services. epsmaps.com does not guarantee the usefulness of the Site and Services for the performance of any activity in particular, nor its infallibility, and in particular but not exclusively, which Users can effectively use the Site and Services, access to different websites which comprise the Site or those from which the Services are provided.
epsmaps.com EXCLUDES,TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE THAT MAY BE ORIGINATED IN THE LACK OF AVAILABILITY OR CONTINUITY OF OPERATION OF THE SITE AND THE SERVICES, ANY DISAPOINTMENT IN THE USE THAT USERS MAY HAVE ATTRIBUTED TO THE SITE AND THE SERVICES AND ANY FAULTS TO THE SITE AND THE SERVICES, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, TO FAILURES IN ACCESSING THE DIFFERENT WEB PAGES COMPRISING THE SITE OR THOSE FROM WHICH THE SERVICES ARE PROVIDED.
2. Privacy and security in the use of the Site and the Services. SG does not guarantee the privacy and security of the use of the Site or the Services and, in particular, epsmaps.com does not guarantee that unauthorised third parties will not find out about the type, conditions, characteristics and circumstances of the use of the Site and the Services by users.
epsmaps.com EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY THE LAW, ALL LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE THAT MAY BE DERIVED FROM THE KNOWLEDGE THAT NO AUTHORIZED THIRD PARTIES MAY GAIN OF THE TYPE, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE OF THE SITE AND ITS SERVICES BY USERS.
2. Disclaimer of guarantees and liability with regard to the Contents.
epsmaps.com does not control or guarantee the absence of virus or other elements in the Contents that may lead to alternations in the User's computer system (software and hardware) or in the electronic documents and files stored on such computer system.
epsmaps.com EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY THE LAW, ALL LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE THAT MAY BE DERIVED FROM THE PRESENCE OF VIRUS OR OTHER ELEMENTS IN THE CONTENTS THAT MAY CAUSE ALTERATIONS TO COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS AND FILES BELONGING TO THE USERS.
2. Legality, reliability and usefulness.
epsmaps.com does not guarantee the legality, reliability and usefulness of the Contents.
epsmaps.com excludes, to the fullest extent permitted by the law, all liability for damages and losses of any nature that may be derived from the transmission, dissemination, storage, availability, reception, acquisition or access to the contents and, particularly, but not exclusively, for any damages and losses that may occur due to:
(a) the failure to comply with the law, morality and generally accepted good practices or public order as a result of the transmission, distribution, storage, provision, receipt, or obtaining access to the Contents;
(b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, the rights to honor, personal and family privacy and image of persons, property rights and any other belonging to third parties as a result of the transmission, distribution, storage, provision, receipt, or obtaining access to the Contents;
(c) engaging in acts of unfair competition and illegal advertising as a result of the transmission, distribution, storage, provision, receipt, or obtaining access to the Contents;
(d) the lack of truthfulness, accuracy, completeness, relevance and / or timeliness of the Contents;
(e) inadequate for the purpose of any kind and fraud expectations generated by the Contents;
(f) the failure, delay in compliance, defective performance or termination for any reason of the obligations assumed by third parties and contracts with third parties through or in connection with access to the Contents;
(g) the vices and defects of all types of contents transmitted, distributed, stored, made available or otherwise transmitted or made available, received, obtained or have been accessed through the Site and Services.
3. Veracity, accuracy, completeness and timeliness.
epsmaps.com does not guarantee the veracity, accuracy, completeness and timeliness of the Contents.
epsmaps.com excludes, to the fullest extent permitted by the law, all liability for damages and losses of any nature that may be derived from the lack of veracity, accuracy, completeness and/or timeliness of the Contents.
3. Exclusion of guarantees and liability for the services provided by third parties through the Web Site.
3.1. Quality epsmaps.com does not control or guarantee the absence of virus or other elements in the services provided by third parties through the Site that may lead to alterations in the User's computer system (software and hardware) or in the electronic documents and files stored on such computer system.
epsmaps.com excludes all liability for damages and losses of any nature that may be derived from the presence of virus or other harmful elements in the contents that may cause alterations to computer systems, electronic documents and files belonging to the Users.
2. Legality, reliability and usefulness.
epsmaps.com does not guarantee the legality, reliability and usefulness of the services rendered by third parties through the Site.
epsmaps.com excludes all liability for damages and losses of any nature that may be derived from the services provided by third parties through the Site and, in particular, but not exclusively, for the damages and losses that may occur due to:
(a) non-compliance with the law, morality and generally accepted good practice or public order as a result of the provision of services by third parties through the Site;
(b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, the rights to honor, personal and family privacy and image of persons, property rights and any other belonging to third parties as a result of the provision of services by third parties through the Site;
(c) the commitment of acts of unfair competition or illegal advertising as a result of the provision of services by third parties through the Site;
(d) the lack of veracity, accuracy, completeness, relevance and/or timeliness of the contents transmitted, disseminated, stored, received, acquired, made available or accessed by means of the services provided by third parties through the Site;
(e) the failure for any purpose and the disapointment of the expectations generated by the services rendered by third parties through the Site;
(f) the non-fulfillment, delay in the fulfillment, defective fulfillment or termination for any reason of the obligations contracted by third parties and of the contracts entered into with third parties in relation to the services provided through the Site;
(g) the flaws and defects of any kind with regard to the services provided by third parties through the Site.
4. Exclusion of guarantees and liability for the services provided by third parties outside the Site.
The Site offers users technical link devices (such as, links, banners, buttons) and, where appropriate, directories and search tools that allow users to access Web sites owned and / or managed by third parties (hereinafter "Linked Sites"). The installation of these links, directories and search tools on the Site is only intended to facilitate users to search and access to information, content and services available on the Internet.
Epsmaps.com does not offer or commercialise, whether on its own behalf or on behalf of a third party, the information, contents and services available in the Linked Sites, it does not previously control, approve, supervise or claim as its own said information, contents and services. Therefore, the User should exercise extreme care in evaluating and using the information, contents and services provided in the Linked Sites.
Epsmaps.com does not warrant or assume any responsibility for any damages and losses of any nature which may be due to:
(a) the operation, availability, accessibility or continuity of the linked sites;
(b) the maintenance of the information, contents and services contained in the linked sites;
(c) the provision or transmission of the information, contents and services contained in the linked sites;
(d) the quality, legality, reliability, and usefulness of the information, contents and services contained in the linked sites, in the same terms and with the same scope as provided in general conditions 5.2 and 5.3 with regard to the contents and the services provided by third parties through the Site.
5. Disclaimer of guarantees and liability for the use of the Site, the Services and the Contents by Users.
Epsmaps.com has no obligation to control and not to control the use that Users make of the Site, the Services and the Contents. In particular, Epsmaps.com does not guarantee that Users use the Site, the Services and the Contents in accordance with these Legal Notice and, where appropriate, with the specific conditions which may apply, or that they will do it diligently and with care. Epsmaps.com has no obligation to check and verify the identity of Users or the accuracy, currency, completeness and / or authenticity of the data which Users may provide about themselves to other Users. Epsmaps.com excludes any liability for any damages and losses of any nature that may be derived from the use of the Services and the Contents by Users or that may be due to the lack of veracity, validity, completeness and / or authenticity of the information Users who can provide to other Users about themselves and, in particular but not exclusively, for any damagesand losses of any kind that may be due to the substitution of the personality of a third by a user in any class communication that could be done through the Site.
The cookies used on websites and web pages of the Site may be provided by epsmaps.com, in which case they are from different servers operated by them, or from the servers of certain third parties who provide services and serve cookies on behalf of epsmaps.com (such as cookies that are used to serve certain content and advertising that make the User to view advertisong or certain Contents in time, number of times and forms by default). Provided you have not activated the option that prevents the installation of cookies on your hard disk, the User may scan your hard disk by following the instructions and support for your operating system (usually Windows operating systems should consult the "C" (or the drive for "/ Windows / Cookies") for more details on each server from which cookies are sent.
PROCEDURE IN CASE OF CHARACTER CREATION OF ILLEGAL ACTIVITY
In the event that any User or third parties consider that there are facts or circumstances that reveal the unlawful use of any content and / or engaging in any activity in the web pages included or accessible through the Site, and in particular, the violation of intellectual property rights (patents, industrial designs, trademarks and trade names, etc..) or other rights, shall send a notice to epsmaps.com in which there are the following:
(a) the claimant's personal data: name, address, phone number and email address;
(b) specification of the alleged infringing activity carried out on the Site and, in particular, in the case of an alleged violation of rights, precise and specific indication of protected content and its location on the website;
(c) facts or circumstances revealing the illegality of such activity;
(d) in the case of violation of rights, handwritten signature or equivalent, with personal data of the holder of the rights allegedly infringed or person authorized to act on behalf of it;
(e) express statement, clear and under the responsibility of the claimant that the information provided in the notification is accurate and the illegality of the use of the content or carrying out the activities described.
NOTICES. All notices and communications (hereinafter the "Notices") by the user to epsmaps.com will be considered effective, for all purposes, when approaching the Customer Care Service of the following way: (a) Sent by register mail to the following address: c / Sancho de Ávila 52, 5 º 4 ª, 08018.Barcelona. In this sense, all epsmaps.com notifications sent to the User shall be considered validly made if it were conducted using the data and through the means mentioned above. For these purposes, the User acknowledges that all information provided by him is true and correct and undertakes to notify all changes on data reporting to epsmaps.com.
WITHDRAWAL AND SUSPENSION OF SERVICES Epsmaps.com may withdraw or suspend at any time without prior notice provision of the Services to Users who violate the provisions of this Legal Notice.
DURATION AND TERMINATION This Site's service and the other services will in principle continue indefinitely. However, Epsmaps.com is authorized to terminate or suspend any of the portal’s services and / or any of the Services at any time, without prejudice to any provisions set out in the relevant Conditions. Whenever reasonably possible, Epsmaps.com will prior notice of the termination or suspension of the leading of the Site's service and the other Services.
APPLICABLE LEGISLATION This Legal Notice is governed in each and every of its points by Spanish law. The parties will be submitted, ot its option, to solve conflicts and to renounce any other jurisdiction, to the compentence of the courts and tribunals of the User's home.