THE INTERNET SERVICE PROVIDER
The “www.flamesatsunrise.com/” Internet website (the “Website” or the “Site”) is owned and administered jointly and severally by all the members of FLAMES AT SUNRISE (hereinafter, “FLAMES AT SUNRISE”) whose details are set out below in compliance with the requirements laid down in Article 10 of the Information Society Services and E-Commerce Act, Act No. 34/2002 of 11 July 2002:
– Name: FLAMES AT SUNRISE
– E-mail address:email@example.com
GENERAL TERMS AND CONDITIONS FOR THE ACCESS TO AND USE OF THE WEBSITE
These General Terms and Conditions regulate use of the Website that FLAMES AT SUNRISE makes available to you, the User.
By using this Website you accept the status of User of the Site and agree in full and without reservation to each and all of the General Terms and Conditions issued by FLAMES AT SUNRISE at the time of accessing this Website, without prejudice to any special terms and conditions that may apply. Any User who does not understand and/or does not agree to all or part of these Terms and Conditions should cease using the Site. All unauthorized use of the Website is expressly prohibited, and FLAMES AT SUNRISE is entitled to deny or terminate access and use of the Site by any User who fails to comply with these General Terms and Conditions or any Special Terms and Conditions where appropriate, without notice, at any time.
FLAMES AT SUNRISE reserves its right to modify these Terms and Conditions unilaterally, without notice, at any time. Any changes shall be notified and published as soon as possible. FLAMES AT SUNRISE also reserves the right to alter the appearance, settings, and location of the Website and its content, without notice, at any time.
In his or her own interest, the User should check the version of the published Terms and Conditions (identified by number at the top) each time the Website is accessed and where appropriate should carefully read any changes that may have been made to the previous version known to the User.
2. Information made available on the Website: access, use and links.
Through this Site FLAMES AT SUNRISEprovides information on the group, its professional services and products. All the data and information on the Website are made available to the User for information purposes only, and in no case are they to be regarded as a binding offer by FLAMES AT SUNRISEto carry out any services whatsoever.
Access and use of the Site shall be free to Users and, generally speaking, User registration is not required. However, the access and use of certain information and services available through the Website will only be possible by means of User registration.
FLAMES AT SUNRISE reserves the right to restrict, suspend, prohibit, or terminate access to and/or use of all or part of the Website to all or individual Users at any time without need of any prior notice by FLAMES AT SUNRISE. Specifically, though without limitation, FLAMES AT SUNRISE may temporarily suspend the services and content of the Website due to maintenance operations, improvements, or repairs.
The User hereby declares that he or she is cognizant of and agrees to the above and accordingly waives any and all claims against FLAMES AT SUNRISE for any loss or injury that may be sustained.
Users who wish to insert a hyperlink or other link from their website to our Website (the “Link”) shall first obtain prior consent from FLAMES AT SUNRISE by submitting their request to the following e-mail address: firstname.lastname@example.org.
All third-party links to this Website shall address to the home page of our Web site (surface link). Users shall be liable vis-à-vis FLAMES AT SUNRISE or third parties for any loss or injury that may accrue as a consequence of non-compliance with these obligations.
3. Restrictions on use
Upon accessing the Website, the User is expressly authorized to view all the public information on the Site. Consequently, the User undertakes not to use any information or data of any kind, in any form, and/or any of the services that may be offered on the Website at any time (the “Content”) in violation of the following restrictions:
I. Except where permitted by law, the User is not authorized to reproduce, copy, distribute, alter, assign, or communicate to the public the information contained on the Website except with the consent of the holder of the corresponding rights.
II. The User is not authorized to use the information contained on the Website for purposes of direct sales or for any other commercial purposes, to send unsolicited messages addressed to groups of persons for any purpose whatsoever, or to market the aforesaid information by any means.
III. The User is not authorized to delete, bypass, or manipulate any information identifying the rights of FLAMES AT SUNRISE or other rightholders that may be included (without limitation, copyright symbols, watermarks, or the like) or the technical means of protection, digital fingerprints, or any other protection mechanisms.
IV. The User is not authorized to remove, decompile, or invert the databases in which the Website’s information is stored.
V. The User is not authorized to engage in any acts of spamming during or as a consequence of use of the Website or of the information and services for purposes of sales or for any other commercial purposes to groups of persons without prior request or consent, to send any other unsolicited or unauthorized messages to groups of persons, to send unsolicited or unauthorized chain e-mails, or to use mailing lists that may be accessed through the Website.
VI. You shall not carry out any activities liable to be regarded as illegal, immoral, or contrary to public order. Said prohibited activities include, but are not limited to:
a. Sending offensive, insulting, or threatening messages;
b. Unlawfully accessing third-party computer systems;
c. Spreading computer viruses or software intended to damage data or computer systems or violate the privacy of others or illegally bypass security and/or protection systems
d. Accessing and/or distributing child pornography;
e. Condoningterrorism (“apologie du terrorisme”);
f. Accessing and/or disseminating racist or xenophobic content;
VII. You shall not use the Content or features of the Website to carry out activities potentially detrimental to FLAMES AT SUNRISE‘s image.
4. Intellectual Property. Ownership of the content.
The creations and works featured on the Website – including, but not limited to, text, photographs, graphics, images, icons, technology, software, web pages, links, audio and audiovisual content, graphic design, and source code, as well as trademarks, domain names, and other distinctive signs and, more generally, works, creations, and expressions of any sort, or any combination thereof, featured on the Website or used to identify the Site or parts thereof (the “Protected Elements”) – are protected by intellectual and/or industrial property rights owned by FLAMES AT SUNRISE. Saidgroup holds the exclusive right to exploit the aforesaid intellectual property rights by any and all means, particularly, the rights of reproduction, distribution, communication to the public, and alteration. FLAMES AT SUNRISE makes no conveyance, in whole or in part, nor does it issue Users any license or consent, regarding its intellectual and industrial property rights or any other rights connected to the Website.
Likewise, FLAMES AT SUNRISE guarantees that the Content, including the intellectual property Content, is lawful and does not infringe legislation and regulations currently in force. Consequently, the Content of the Website shall not be xenophobic, pornographic, discriminatory, racist or of any other similar nature, nor shall it encourage violence in any way. Additionally, FLAMES AT SUNRISE will take whatever legal measures it deems appropriate to prevent any conduct contrary to law or morality.
Pursuant to these Terms and Conditions the User is authorized by FLAMES AT SUNRISE only to view, download, and print the Protected Elements owned by FLAMES AT SUNRISE on condition that this is done solely for the User’s own personal use, and the User hereby undertakes not to make, directly or indirectly, any commercial use of said elements and not to use them for any purposes not expressly provided in these Terms and Conditions.
Use of Protected Elements owned by third parties (including, but not limited to, third-party trademarks and distinctive signs) by the User shall, where applicable, be subject to whatever conditions Said third parties may have stipulated, and it shall be the User’s obligation to ascertain any such conditions.
Any breach of the provisions set out in this section shall be considered an infringement of the intellectual property rights owned by FLAMES AT SUNRISE, shall give rise to the liabilities laid down by Law to that effect, and shall be subject to administrative, civil, or criminal proceedings, as may be appropriate.
5. Lawfulness and accuracy of content featured on the Website
While FLAMES AT SUNRISE makes every effort to ensure that the Website Content is correct and up to date, it cannot guarantee and accepts no liability for any inaccuracies and/or mistakes and/or the lack of update of the same.
FLAMES AT SUNRISE’s liability regarding the content and information featured by third Internet websites accessed by hyperlinks on the Site and regarding content by or from third parties hosted on the Site shall be governed by the provisions of Articles 16 and 17 of the Information Society Services and E-Commerce Act, Act No. 34/2000.Particularly, FLAMES AT SUNRISE shall not be liable for the malfunctioning and/or content of the websites linked to this Site, which are aimed at the commercialization of its products.
FLAMES AT SUNRISE shall not be liable and gives no assurances that accessing the Content and Web from outside Spain is legal and declines all responsibility. Accessing the Website from a country other than Spain is to be carried out in accordance with applicable law in the territory from which the User accesses the Site.
6. Disclaimer of liability and guarantees
FLAMES AT SUNRISE shall be liable solely for the services it renders, if any, and for Content it supplies directly, appropriately marked as the intellectual property of FLAMES AT SUNRISE.
FLAMES AT SUNRISEshall not be held liable for:
I. Loss and injury of any kind caused by goods sold or services rendered by third parties (persons or entities) via the Website, in particular:
a. Non-compliance with the law, with accepted standards of morality and propriety, or with public order, or careless or improper use of goods and/or services supplied, or use for unlawful purposes or effects in breach of the provisions of these General Terms and Conditions or any Special Terms and Conditions that may apply;
b. Infringement of intellectual and industrial property rights;
c. Breach of professional secrecy;
d. Infringement of the rights to dignity and personal and family privacy, personality rights, children’s rights, and youth rights;
e. Acts of unfair competition;
f. Unlawful advertising, criminal acts, and pornography.
g. Falsehood, inaccuracy, unreliability, inappropriateness, outdatedness, or incompleteness of the Content and information conveyed or made available to Users, including information provided and services rendered by third parties or by Users via the Website;
h. Non-compliance, deficient compliance, or termination, for any reason, of agreements with third-parties to supply services via the Website;
i. Any User’s insufficient skills or theft of a third party’s identity by the User.
II. FLAMES AT SUNRISE shall not be liable for information uploaded to the website by users that gives others offence, insults others, violates others’ right to dignity or privacy or is in any other way detrimental to others, since under the provisions of the Terms and Conditions users of the website are under the obligation not to upload information that could be regarded as unlawful, immoral, or contrary to public order.
III. FLAMES AT SUNRISE shall not be held liable for any loss and injury resulting from potential knowledge of the nature, conditions, features, and circumstances of access by unauthorized third-parties, for use made of the Website and the information and services by Users, or for Users’ non-compliance with their obligations as concerns personal data.
IV. FLAMES AT SUNRISE shall not be held liable for loss and injury of any kind caused by possible errors arising when accessing or using the Website or when accessing or using its services or Content, though it undertakes to try to avoid errors and keep the Content correct and up to date. That is, the disclaimer of liability extends to the unavailability or interruption of operation of the website and its services as well as to flaws affecting access to the different pages of the website or the pages where services are supplied.
V. FLAMES AT SUNRISE shall not be held liable for loss or injury of any kind that may be caused by the information contained on the Website or on other websites reached by means of the hyperlinks or other links it contains. The links featured on the Site are simply informational in purpose, and FLAMES AT SUNRISE shall not be held liable for any outcome sought by Users upon accessing Said links. As a consequence, FLAMES AT SUNRISE shall not be responsible for:
the availability, accessibility, operation, or continuation of the linked sites;
the quality, lawfulness, reliability, usefulness, veracity, currency, completeness, and/or authenticity of the linked sites;
the maintenance, supply, or transmission of the content featured on the linked sites.
VI. FLAMES AT SUNRISE shall not be held liable for loss or injury of any kind as a result of the presence of computer viruses in Users’ computer systems, electronic documents, or computer files. Likewise, FLAMES AT SUNRISE shall not be liable for the presence of viruses in the services performed by third parties via the Website, producing alterations in Users’ computer systems, electronic documents, or computer files.
VII. FLAMES AT SUNRISE shall not, under any circumstances, including negligence, be held liable for any lost business, any lost goodwill, any lost profits, or any lost data or for any indirect, secondary, incidental or consequential damages as a result of Users’ accessing or using the Website.
VIII. The User exempts FLAMES AT SUNRISE from any and all liability arising from non-compliance with the provisions of these Terms and Conditions, including, in particular, but not limited to, the Restrictions on Use of the Website regulated herein.
7. Governing law and jurisdiction
The services supplied via the Website and these General Terms and Conditions of Use of the Website shall be governed by the laws of Spain. Insofar as permitted by Law, the parties agree to accept the jurisdiction of the Courts and Tribunals of the city of Barcelona and expressly waive any other forums to which they may be entitled.
In any case, the Spanish version of the Terms and Conditions of Use shall be preferent in the interpretation of its clauses in terms of legal issues which may arise from the content and/or activity of the present Website.