The purpose of this document is to establish the General Conditions of Use of the www.emwey.com website (hereinafter the Website), owned by EMWEY SPORT S.L., which manages and maintains this website, and is registered in the MERC Registry. DE PONTEVEDRA, Hoja -PO-58835, Folio 140, Tomo 4058, Libro 4058, Inscripción 1 con CIF: B27820398, con domicilio social en PTL de Vigo (Área Texvigo) Calle C, Nave C6 1ª. Pl. 36315, Vigo Pontevedra and with e-mail address email@example.com and telephone number 986 124 671.
The elements of this website are designed with the purpose of offering the sale of products identified with the brand EMWEY and products under license Merchandansing Out Ropa Deportiva Latin FIT By Emwey Latin FIT 2016. Licensed by Universal Music Spain .
The owner of the Portal reserves the right to modify these General Conditions of Use in order to adapt them to the current legislation applicable at all times, new case law and common market practices. These General Conditions of Use do not exclude the possibility that in the future, certain Portal Services, due to their particular characteristics, may be subject, in addition to the General Conditions of Use, to their own particular contracting conditions (hereinafter the Particular Contracting Conditions).
The use by the User of any of the Services of the portal implies their adherence to and express acceptance of 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 Special Conditions of Contract which, where applicable, are applicable.
2. CONDITIONS OF ACCESS AND USE OF THE PORTAL
2.1. User Status
The acceptance of the general conditions with the use of any Service of the Portal attributes the Condition of User of the same one.
In general, to access the Portal Services it will not be necessary to register as a user. However, the use of certain Services (which will be informed in advance on the website) may or could be conditioned on the User’s prior registration. Whenever this registration is compulsory, it shall be carried out in the manner expressly indicated in the Service itself or in the applicable Particular Conditions.
2.2. Use of the Portal and its services
The User acknowledges and accepts that the use of the contents and/or services offered by the owner of the portal will be at his/her exclusive risk and/or responsibility.
The User undertakes to use the Portal and all its content and Services in accordance with the provisions of the law, morality, public order and these General Conditions of Use, and in the Special Conditions that, where applicable, are applicable to him/her. Likewise, he undertakes to make appropriate use of the services and/or contents of the Portal and not to use them to carry out illegal or criminal activities that infringe the rights of third parties and/or violate regulations on intellectual and industrial property, or any other applicable legal regulations.
The User undertakes not to transmit, introduce, disseminate or make available to third parties any type of material or information (content data, messages, drawings, sound and image files, photographs, software, etc.) that is contrary to the law, morality, public order and these General Conditions of Use and, where applicable, the applicable Special Conditions. By way of illustration, and in no case limited or exclusive, the User undertakes to
1) Not to introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or in support of terrorism or in violation of human rights.
2) Do not introduce or spread data programs (viruses and harmful software) in the network that could cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet.
3) Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognised by the Constitution and international treaties.
4) Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.
5) Not to transmit unsolicited or unauthorised advertising, publicity material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
6) Not to introduce or disseminate any false, ambiguous or inaccurate information or content in such a way as to mislead the recipients of the information.
7) Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Portal or to third parties.
8) Not to include in our pages content that indicates or promotes sexual, racial or religious discrimination or any other violation of the fundamental rights and freedoms recognised by the laws of Spain; that induces or incites to act illegally or leads to erroneous conclusions due to inaccuracy, omission or similar; that contains false or outdated information; that violates legal or regulatory standards on the secrecy of communications, intellectual property, the right to honour and personal privacy, or that incorporates violent or degrading content, messages or products.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents, elements and information to which the user can access through www.emwey.com are subject to the 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 to alter, modify, exploit, reproduce, distribute or publicly communicate them or any other right that corresponds to the owner of the affected right.
The User must refrain from removing the signs identifying the rights (intellectual, industrial or any other) of www.emwey.com or of the third parties that appear on the Portal and in each of the various Services offered through it. Likewise, the User must abstain from eluding or manipulating any technical devices established by the owner of the portal or by third parties, whether in 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. LIABILITY
4.1. Availability and Continuity of the Portal and Services
The owner of the portal does not guarantee the availability, access and continuity of the operation of the portal and its services.
The owner of the Portal will not be responsible, within the limits established by current legislation, for any damages caused to the User as a result of the unavailability, access failures and lack of continuity of the Portal and its Services.
4.2 Contents and Services
The owner of the portal will be solely and exclusively responsible for the services it provides itself and for the contents directly originating from it. Said responsibility shall be excluded in cases of force majeure or in cases where the configuration of the User’s equipment is not adequate to allow the correct use of the Internet services provided at www.emwey.com.
4.3 Contents and Services of Third Parties
The owner of the portal does not previously control, approve or make its own the contents, services, opinions, communications data, files, products and any kind of information from third parties, legal or natural persons, collected in the Portal. Similarly, it does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the contents, information and services of third parties in the Portal.
The owner of the portal does not control in advance and does not guarantee the absence of viruses or other elements in the Contents and services provided by third parties through the portal that may introduce alterations in the computer system, electronic documents or files of users.
The owner of the portal shall not be liable, either indirectly or subsidiarily, for damages of any kind deriving from the use and contracting of the Contents and Services of third parties on the Portal as well as for the lack of legality, reliability, usefulness, veracity, accuracy, exhaustiveness and topicality of the same. By way of illustration, and in no way limited to, it shall not be liable for damages of any kind deriving from a) the infringement of intellectual and industrial property rights and defective compliance with or failure to comply with the contractual commitments made by third parties; b) the carrying out of acts of unfair competition and illegal advertising; c) the inadequacy of and failure to meet the expectations of the Services and Contents of third parties; d) the vices and defects of all kinds in the Services and contents of third parties provided through the Portal.
The owner of the portal shall not be liable, either indirectly or subsidiarily, for damages of any kind arising from the negligent or malicious use of the e-mail accounts used for any type of insertion, communication, management or action on the Portal.
The owner of the portal shall not be liable, either indirectly or subsidiarily, for damages of any kind caused to the User as a result of the presence of viruses or other elements in the content and services provided by third parties that may cause alterations to the computer system, electronic documents or files of users.
4.4 Conduct of Users
The owner of the portal does not guarantee that the users of the portal will use the contents and/or services of the portal in accordance with the law, morality, public order, or these general conditions and, where applicable, the special conditions. Likewise, it does not guarantee the truthfulness and accuracy, exhaustiveness and/or authenticity of the data provided by the Users.
The owner of the Portal shall not be liable, indirectly or subsidiarily, for damages of any kind arising from the use of the Services and Content of the Portal by Users or which may arise from the lack of veracity, accuracy and/or authenticity of the data or information provided by Users, or from the impersonation of a third party carried out by a User in any kind of action through the Portal.
5. CONTRACTING WITH THIRD PARTIES THAT ADVERTISE ON THE PORTAL.
The User acknowledges and accepts that any contractual or extra-contractual relationship that, where applicable, is formalised with the advertisers or third parties contacted through the Portal, as well as their participation in competitions, promotions, purchase and sale, rental of goods or services, are understood to be carried out solely and exclusively between the User and the advertiser and/or third party. Consequently, the User accepts that the owner of the www.emwey.com portal does not have any type of responsibility for damages of any kind caused by reason of their negotiations, conversations and/or contractual or extra-contractual relations with the advertisers or third parties, whether natural or legal persons, contacted through the portal.
6. TECHNICAL DEVICES FOR TEXT LINKAGE
The Portal provides users with technical link devices and search tools that allow them to access web pages owned by other entities (text links).
The user of the portal acknowledges and accepts that the use of the contents of the linked web pages will be under his exclusive risk and responsibility and exonerates the owner of the portal from any responsibility regarding the technical availability of the linked web pages, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or contents to which the client may have access in the same and in the search directories included in the portal.
The owner of the portal shall not be liable, indirectly or subsidiarily, for damages of any kind arising from a) the operation, unavailability, inaccessibility and lack of continuity of the linked web pages and/or the available search directories; 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 or uselessness of the contents and services of the linked web pages.
7. DURATION AND TERMINATION
The provision of the services and/or contents of the Portal is for an indefinite period of time. Notwithstanding the above, the owner of www.emwey.com is entitled to unilaterally terminate, suspend or interrupt, at any time and without prior notice, the provision of the service and the Portal and/or any of the services, without prejudice to what may have been provided for in this regard in the corresponding specific conditions.
8. LAW AND JURISDICTION
All matters relating to the Portal are governed by Spanish Law and are subject to the jurisdiction of the Courts and Tribunals of Vigo.