Please read these general rules for the use of the SITE carefully. By using this SITE you're confirming your acceptance of these stipulations. Therefore, if you're not happy with them and/or don't accept them, kindly leave the SITE. |
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| 1.- CONDITIONS OF USE AND ACCEPTANCE 2.- FEATURES OF THE SITE 3.- USER'S OBLIGATIONS 4.- NO GUARANTEES GIVEN 5.- LIABILITY AND DISCLAIMER 6.- INTELLECTUAL AND INDUSTRIAL PROPERTY 7.- PROCEDURE FOR NOTIFYING INFRINGEMENTS 8.- PERSONAL DATA 9.- NOTICES 10.- EXHAUSTIVENESS 11.- WAIVER 12.- DURATION AND TERMINATION 13.- APPLICABLE LAW, LANGUAGE AND JURISDICTION |
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When you use LAULAGUN 's SITE, your status is that of USER. The use of the SITE and of any of its services and any of the information provided, signifies your ACCEPTANCE, as a USER, without any kind of reservation, of each and every one of the conditions of use which govern the provision of its content and Service.
LAULAGUN informs you that certain content, services and/or products may be subject to SPECIFIC CONDITIONS, made known to you beforehand and, depending on the individual case, replacing and/or modifying the general conditions set out here. Access to and the use of this content and these products and services implies YOUR ACCEPTANCE of the specific conditions existing at the time of your access, which are incorporated into the general conditions. |
Should a contradiction exist between the terms and conditions set out in the General Conditions and those in the Specific Conditions, the conditions laid down in the latter instrument shall always prevail insofar as those incompatible terms are concerned, and only in respect of that content and those services and/or products subject to that specific rule. For example, if you use the e-business section, LAULAGUN may provide you with a few specific guidelines. LAULAGUN may at any time and without notice, modify the conditions of use of its products, content and services and introduce new conditions. Please review the terms and conditions of use periodically. LAULAGUN provides its content, products and services as they are presented. |
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LAULAGUN provides you as USER with access to a wide range of online resources through the SITE. LAULAGUN reserves the option to alter the presentation and configuration of the SITE, content, products and services without notice and at any time. As USER, you acknowledge and accept that at any moment LAULAGUN may suspend, deactivate and/or remove any of the services and products and/or content which make up the SITE. |
LAULAGUN will do its best to ensure that the SITE is continuously available and accessible. Nevertheless, it may happen that changes of address, the making of new connections, and the updating of the SITE result in downtime while these tasks are being performed. |
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3.1. As a USER, you're obliged to use the SITE conscientiously and properly, and you undertake not to use the SITE to carry on activities contrary to the law, human ethics or accepted good practice, and/or for illicit or prohibited purposes or with such effects, or ones which are prejudicial to third parties' rights or detrimental to their interests. LAULAGUN disclaims all liability for the effects of any such activities. 3.2. As a USER you acknowledge and accept that the SITE shall be used for personal and private purposes and that you are expressly forbidden to use or incorporate, as a business activity of your own, the SITE's content, services and products. 3.3. As a USER, you must refrain from altering or manipulating the places where you find the copyright sign © and other data which identify LAULAGUN 's intellectual and/or industrial property rights or those of the rights holders of products incorporated into the SITE, or of the SITE's protective technical features. |
3.4. Should LAULAGUN have provided you with the facility to create a personal access code (password) in order to be able to enter areas of restricted use, you shall be the only person who may use it and, consequently, you shall be responsible for all activities performed using that code. To this end you must select a string of characters which is not easy to identify and keep it secret. Communicating an access code to unauthorized other persons, or using or trying to decipher other persons' access codes, is considered a serious breach of the security rules. |
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4.1. LAULAGUN does not, under any circumstances, give any guarantee, whether implicit or explicit, as to the SITE's services, products and/or content, or as to the SITE itself. Thus, purely for illustration purposes, LAULAGUN does not guarantee: |
(6) The absence of viruses or other harmful elements in the content or services provided via the SITE. (7) The absence of unauthorized access to, and/or the alteration of, the data stored and transmitted via the SITE; or unauthorized access to, and/or the alteration of, the services which it offers. 4.2. LAULAGUN , except where expressly indicated in the specific conditions, plays no part in the provision of the products, content and/or services supplied by third parties, whether on or off the SITE. Nor does it supervise, or exercise control over, their lawfulness, accuracy, veracity, suitability, quality, reliability, genuineness and/or usefulness; therefore it does not offer any kind of guarantee in their respect. |
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5.1. As a USER you're aware, and voluntarily accept, that, in every case, you alone are responsible for your use of the SITE, services, content and products. Hence, except in cases where the law mandatorily prohibits the limitation of liability, LAULAGUN does not assume any liability vis-à-vis the USER or customer as regards access to, and use of, the SITE or the products, content and/or services incorporated in it; and compensation for loss of potential earnings is always excluded in every case. |
a. Infringement of third parties' intellectual and industrial property rights, of their personality rights and those of every other nature arising from the transmission, dissemination, making available, receipt and obtaining of, and access to, content, services and/or products.
5.4. LAULAGUN does not guarantee the technical availability, quality, accuracy or veracity of the content, products and services available on third-party sites which, as a USER, you may access through links from the SITE. LAULAGUN neither offers nor markets them and it exercises no control over them, nor does it assume any kind of responsibility for them. |
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6.1. As a USER you acknowledge and accept that the elements which go to make up the SITE, each item of its content and each of its products and/or services, as well as its structure; its sequence; its organization; the presentation of its content; its databases; and the computer programmes used in relation with them, are protected by LAULAGUN 's or third parties' intellectual and industrial property rights. Accordingly, unless you're authorized by LAULAGUN or by third-party right holders, or unless you're legally allowed, as a USER you must use the materials, elements and information which you access through using the SITE and each of its Services solely for your own requirements; and you must not use for business purposes, whether directly or indirectly, either the Services, or the materials, products, elements or information obtained through them. |
6.2. As a USER you must abstain from deleting signs and symbols which identify LAULAGUN 's or third parties' rights (industrial or intellectual property or any other kind of rights) displayed on the SITE.
6.3. If you wish to link to this SITE or wish to distribute the content or documents of this SITE to another person or other persons you must, in every case, ask for express permission. To ask for this permission please email: ll@laulagun.com including your name, address and telephone number and also, as applicable, indicating the website from which you wish to link to LAULAGUN 's SITE, or giving a description of what it is that you wish to copy, to whom you wish to distribute it and by what means. |
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If you consider or notice that some of the SITE's content may infringe intellectual property or any other kind of rights, please email LAULAGUN 's service department at ll@laulagun.com or write to it at LAULAGUN 's head office address, giving the following information : I. The full name, National ID Card/passport number, address, telephone number and email address of the rights holder making the complaint or, if appropriate, the person authorized to act on the rights holder's behalf. |
II. Please identify the alleged unlawful activity and, in particular, when notifying an alleged violation of industrial or intellectual property rights, give an accurate and specific description of the protected content and of its exact location. III. An express declaration in the following terms: (a) that the information concerning the infringement of the rights is accurate and true and the declarant is the legitimate holder of the protected rights; and (b) that the use to which the content is being put is unlawful and violates rights. |
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8.1. In order that you may use or access some of the SITE's services, products and/or content, LAULAGUN may ask you as a USER to complete certain registration forms with your personal data. These personal data are processed by LAULAGUN in accordance with the terms published in the Personal Data Policy document. When you complete and send these forms from the SITE, as a USER you are AWARE and expressly AUTHORIZE LAULAGUN to collect, process electronically and pass on, as the case may be, the personal data which you've been asked for in accordance with the purposes and under the conditions set out in the Personal Data Policy document mentioned. |
8.2. LAULAGUN has adopted, and will adopt, the technical and organizational security measures which are compulsory under current legislation. Nevertheless, as a USER you acknowledge and accept that Internet security measures are not immune from attack and that any communication sent by this means may be intercepted or modified by unauthorized persons; hence LAULAGUN cannot guarantee that using the SITE is completely secure. |
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Unless otherwise stipulated, any notice which may be necessary in accordance with these general conditions of use or which is in some way related to them, shall be sent in writing and by |
post to LAULAGUN 's head office address as given in this document. | |||||
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The clauses which make up the present General Conditions of Use constitute the formal and final expression of the parties' declaration of intent. |
Any document or declaration which predates the coming into effect of these General Conditions of Use shall be understood to be rescinded with final effect. |
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Should LAULAGUN waive the rights which assist it should any of the current General Conditions of Use not be complied with, this must not be construed as a waiver of those rights in respect of |
any other failure to comply, whether of the same or a different nature.
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12.1. The SITE and the services, content and products which go to make it up are of unlimited duration. Notwithstanding this, any legal relationship shall be taken as immediately terminated when LAULAGUN publishes New General Conditions of Use. Accessing and using the SITE will imply full acceptance of the new conditions and the start of a new legal relationship. |
12.2. Under all circumstances, LAULAGUN is permitted at any time to announce as terminated or to suspend, unilaterally and entirely at its own discretion without the need to give a reason, the provision of service on the SITE and any of its content, products or services. |
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13.1. These General Conditions of Use are governed by current Spanish law (standards which conflict with that law being expressly excluded). Both you as USER, and LAULAGUN , elect the jurisdiction of the Courts of Donostia – San Sebastián, and you as USER expressly give up any other jurisdiction which may be appropriate to you, for the settlement of any dispute which may arise from the provision of service on the SITE, and its products, content and services which are the subject of these General Conditions of Use. Furthermore, the Spanish language version shall be the one used if there is any doubt or disagreement, or if the terms of the present legal conditions need to be interpreted. |
13.2. Should you as USER reside outside Spain, both you as USER and LAULAGUN elect the jurisdiction of the Courts of Donostia – San Sebastián; and you as USER give up any other jurisdiction which may be appropriate.
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