This Legal Notice sets forth the conditions for accessing the website www.semillasfito.com, hereinafter known as the WEBSITE, and for the use of its contents, including the source code, design, browsing structure, database, texts, images, photos, sounds and any other creation, hereinafter known as the CONTENTS.
This website belongs to Semillas Fitó S.A., a Single-Member Company with registered address at Calle Selva de Mar no. 111, 08019 Barcelona; registered in the Barcelona Companies' Registry in Volume 6,944, Folio 14, Page no. B-55.064, Entry 16, with tax registration number A08469215, hereinafter the Holder.
II. CONTACT DETAILS OF THE HOLDER
Selva de Mar 111 08019 Barcelona - Spain Tel: 93 303 63 60 Fax: 93 303 63 73 E-mail: firstname.lastname@example.org
III. OWNERSHIP, CONDITIONS OF USE AND ACCEPTANCE BY THE USER.
The holder of the intellectual property rights of the website and hence the entity responsible for processing the personal data collected via the website is the Holder. The use of this website confers the status of User, which entails the unreserved acceptance of these conditions in the version published at the time the website is accessed. The Holder reserves the right to change the presentation and configuration of the website at any time, as well as the General Conditions for using the website. Consequently, the Holder recommends that users read these conditions carefully every time they access the website. As a general rule, users may freely access the website at no cost.
IV. USER COMMITMENT.
The User undertakes to use the contents in accordance with the Law, with these General Conditions and with the generally accepted principles of morality, good practices and public order. The User undertakes to use the contents diligently, correctly and lawfully and, in particular, promises to abstain from:
1. Using the contents for purposes that are contrary to the Law and the generally accepted principles of morality, good practices and public order.
2. Reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the Contents without the express authorization of the copyright holder unless any such action is permitted by law.
3. Violating the intellectual or industrial property rights of the Holder or third parties.
4. Using the contents and, in particular, information of any kind obtained via the website to send advertising, direct-sales communications or any other type of commercial message, unsolicited messages addressed to groups of people regardless of the purpose, or to commercialise or disclose this information in any way.
V. USER LIABILITY.
The User will be held liable for any damages the Holder may incur either directly or indirectly as a result of the breach of any of the obligations in these General Conditions or failure to abide by the Law in relation to the use of this website. The unauthorized use of the contents of the website or damages to the Holder's intellectual property rights will give rise to the liabilities envisaged by current legislation. The Holder shall at all times be guided by the provisions of the current legal system and shall be entitled to interrupt and/or withdraw the contents at its discretion, or exclude the user from the website, in the event of the alleged commission, fully or in part, of any of the crimes or misdemeanours specified by the current Criminal Code, or if the Holder should observe any kind of conduct which, in his opinion, is against the principles of morality or good practices, or may disturb the efficient operation, credibility and/or prestige of the Holder and/or his staff.
VI. EXCLUSION OF LIABILITY AND GUARANTEES.
The Holder reserves the right to interrupt access to the website or the provision of any or all of the contents provided by the website at any time and without prior notice, whether for technical, security, control or maintenance reasons, due to failure of the power supply, or for any other reason. Consequently, the Holder cannot guarantee the reliability, availability or continuity of the website or its contents; therefore Users use the website at their own risk and may not hold the Holder liable at any time in this respect. The Holder shall not be held responsible in the event of service interruptions, delays, errors, malfunctions or, in general, any other disturbances whose cause is beyond the control of the Holder and/or due to malicious or negligent action by the user and/or caused by force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code and in addition to the provisions of these General Conditions, the term 'force majeure' shall be understood to include any events that occur outside the control of the Holder, such as: failure of third parties, operators or service companies, government action, lack of access to third party networks, acts or omissions by public authorities, any other events caused as a result of natural phenomena, power cuts, etc. and attacks by hackers or third parties specializing in breaching the security or integrity of computer systems; in any event, whatever the cause, the Holder shall not be liable in any way for either direct or indirect damages, consequential damages and/or loss of income. The Holder shall have the right to temporarily suspend the services and content of the website to carry out maintenance, improvements or repair work, without the user having any right to compensation in this respect. The Holder cannot provide any guarantees nor accept any responsibility for damages suffered as a result of access to the contents of third parties via connections or links to other sites. The purpose of links that appear on the website is exclusively to inform the User of the existence of other sources of information on the internet where they might be able to expand the information on this website; under no circumstances is the Holder responsible for any results obtained via these links or the consequences that may arise from users' access to them. The contents of third parties are provided by these same parties, thus the Holder has no control over them and does not control the lawfulness of the contents or the quality of the services provided. Similarly, the Holder declines all responsibility for damages of any kind that may arise from the presence of viruses or other harmful elements in the contents that may affect computer systems and the documents and/or systems stored in them. The Holder cannot accept any responsibility for the use that Users may make of the services and products on the website, nor their passwords, nor any other material on the website that infringes the intellectual, industrial or any other right of third parties.
VII. INTELLECTUAL PROPERTY
All the contents on this website, such as texts, graphics, photos, logos, icons, images and the graphic design, source code and software are the exclusive property of the Holder or third parties, whose rights the Holder recognises, and are subject to the intellectual and industrial property laws in force under national and international legislation at any time. The use of all the elements covered by intellectual and industrial property rights for commercial ends is strictly prohibited, as is their reproduction, distribution, modification, alteration or decompilation apart from formulas that allow content syndication. The infringement of any of the abovementioned rights may constitute violation of these regulations and an offense punishable according to Article 270 and subsequent articles of the Criminal Code. Users are only authorized to view and download the website contents for personal, not commercial, use.
VIII. DATA PROTECTION
The Holder is fully cognisant of the requirements for the use and treatment of personal data, and by virtue of current legislation in this respect has set up within its organization a system to safeguard the security, integrity and confidentiality of personal data. The Holder guarantees that personal data will be used for the purpose, in the form and within the limitations and rights envisaged by Organic Law 15/1999 on the Protection of Personal Data. The Holder informs users that the data they provide at the time of registering as a user, or on subsequent occasions through services set up on the site, will be added to an automated database belonging to the Holder. These data will be used to manage the relationship with users, to enlarge and improve the contents of the website, and to send information and advertising by email. In the case of commercial messages sent by email or an equivalent medium, the fact that the user has provided their data for the Holder implies their express authorization for commercial messages to be sent in this way. The personal details obtained through the 'Work With Us' section will not be used for this purpose, these data being handled in accordance with current legislation. This consent is granted without prejudice to the rights to which you are entitled by virtue of Organic Law 15/1999, and particularly Users' option to freely exercise their right to access, rectify, cancel or oppose the use of their personal data and revoke their authorization, though not retroactively, by sending an email to the Holder at the following address: email@example.com. The Holder also informs the User that it is not mandatory to collect these data for the provision of services. Nevertheless, if these data are not completed it may prevent the Holder from providing all the services associated with those data, releasing it from any liability with regard to the non-provision or incomplete provision of these services. In all cases, users shall be responsible for the veracity of the data they provide, and the Holder reserves the right to exclude Users from any services for which they have registered if they have provided false information, without prejudice to any other actions it is entitled to by Law.
X. SPECIAL PROTECTION FOR MINORS
The Holder believes that the protection of the personal data of minors is of particular importance; therefore, if the user of the site is under age they may only fill in the forms with their personal data with the prior consent of their parents or guardian. This form should be duly signed by their parent or guardian and sent by certified post with the ID document number of the signatory, to the address given above. The Holder may not be held responsible for the data of minors who have provided this data without the consent of their parent or guardian and without the Holder's knowledge of this fact.
XI. APPLICABLE LAW AND JURISDICTION
In the case of any litigation involving the website www.semillasfito.com, Spanish law shall apply, and the Courts and Tribunals of Barcelona shall be responsible for resolving any disputes deriving from or related to the use of this website.