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1. OBJECT
The purpose of this document is to establish the General Conditions of Use of
the Internet Website “WTCeurope.com” and all other websites owned by Importa
cuatro information technology S.L. (henceforth Importa4), registered at
c/Manzano nº 3, Spain,
 ,
with Tax ID No. B85144855 and registered in the Madrid Trade Register, Volume
24554, book 0, page 30, sheet M441857.
Importa4 reserves the right to modify the present General Conditions of Use in
order to adjust them in conformity with the current applicable laws at any time.
The present General Conditions of Use do not exclude the possibility that
certain Services on the Website, due to their specific nature, may be subjected,
as well as to the General Conditions of Use, to their own specific conditions of
use (henceforth Specific Conditions).
The use by the User of any of the Website Services implies their knowledge and
express acceptance of all the General Conditions of Use in the version published
on the current site at the moment the user enters the site, as well as of the
Specific Conditions which may be applicable.
2. USER CONDITIONS
2.1. User Conditions
The use of any Service on the Website is subjected to the User Conditions.
2.2. Required Registration
In general, the User is not required to register to access the Services on the
Website. Notwithstanding, there may be certain Services which do require the
prior registration of the User. Should said registration be necessary, it will
be indicated as such on the page of the Service or in the Specific Conditions
applicable thereto.
2.3. Gratuity of the Services
In general, the Services provided through the Website are free of charge.
Notwithstanding, the use of certain Services on the Website may, or may in
future, be subject to a cash payment in the form and terms defined in the
Specific Conditions corresponding to the Service.
2.4. Use of the Website and its Services
The User recognises and accepts that their use of the content and/or Services
offered on the Website is under their exclusive risk and/or responsibility. The
User is obliged to use the Website and all of its content and Services in
conformity with the law, ethic, public order and the present General Conditions
of Use, as well as the Specific Conditions which in some cases may apply.
Similarly, the User is obliged to use the services and content of the website
properly and to abstain from using them to carry out illicit activities or for
criminal purposes, going against the rights of third parties and/or breaching
intellectual and industrial property regulations or any other applicable legal
standards. Moreover, the User is obliged not to broadcast, enter, distribute or
pass on to the third parties, any other types of material or information
(content information, messages, drawings, sound and image files, software, etc.)
which may be prohibited by law, ethics, public order or the present General
Conditions of Use, or by the Specific Conditions, if applicable. Including, but
in no case limited to or exclusive, the User is obliged:
i. Not to enter or distribute any content or propaganda of a racist, xenophobic,
pornographic or pro-terrorism nature, or which goes against human rights.
ii. Not to enter or distribute on the web any data programs (viruses or harmful
software) which may cause damage to the computer systems of the access provider,
his or her providers or third party Internet users.
iii. Not to distribute, broadcast or make available to third parties any kind of
information, element or content which goes against basic rights and public
liberties recognised by the constitution and in international treaties.
iv. Not to distribute, broadcast or make available to third parties any kind of
information, element or content which constitutes illicit or false publicity.
v. Not to broadcast unsolicited or unauthorised publicity, advertising material,
“junk mail”, “chain letters”, “pyramid schemes” or any other form of
solicitation, except in areas designated exclusively for this purpose (such as
commercial offices).
vi. Not to enter or distribute any false, ambiguous or incorrect information or
content which may cause confusion towards recipients thereof.
vii. Not to pass on his or her registration details for the different services
and/or Website content to other users.
viii. Not to distribute, broadcast or make available to third parties any kind
of information, element or content which violates the rights of intellectual and
industrial property, patents, trademarks or copyright pertaining to the owners
of Websites or third parties.
ix. Not to distribute, broadcast or make available to third parties any kind of
information, element or content which violates communications privacy and the
legislation of personal data.
3. INTELLECTUAL PROPERTY AND INDUSTRY
The user acknowledges that all elements of the Website and each of the Services
provided thereby, the information and materials contained therein, the
structure, selection, layout and presentation of its content and the computer
programs used in relation thereto are protected by Importa4 or third party
rights of intellectual and industrial property. Unless previously authorised by
Importa4 or by third parties with the relevant rights, or unless legally
permitted, the user may not reproduce, transform, modify, disassemble, reverse
engineer, distribute, rent, lend, make available or allow access to the public
via any means of public communication of, any of the elements listed in the
previous paragraph. The User should use all materials, elements and information
to which he or she has access through the use of the Website and each of its
related Services exclusively for his or her own needs, and is obliged not to
carry out, either directly or indirectly, any commercial exploitation of either
the services or the materials, elements or information obtained by means
thereof. The User must refrain from removing any signs which identify the rights
(of intellectual or industrial property or any other) of Importa4 and of third
parties involved with the Website and with each of the different Services
offered by means thereof. Similarly, the User must refrain from eluding or
manipulating any technical provisions established by Importa4 or by third
parties, regarding the Website, any of the Services or any of the materials,
elements or information obtained by means thereof, for the protection of their
rights.
4. DISCLAIMER OF WARRANTY RESPONSIBILITY
4.1. Availability and Continuity of the Website and the Services
Importa4 does not guarantee the availability, access or continuity of operation
of the Website or its Services. Importa4 will not be held responsible, according
to the limits set by the current Legal System, for any damages caused to the
User as a result of the unavailability, sign-in problems or lack of continuity
of the Website and its Services.
4.2. Importa4 Contents and Services
Importa4 will be solely and exclusively responsible for the Services which it
provides and for any Content directly originating from Importa4 and identified
with its copyright. Said responsibility will be excluded in cases of force
majeure, or in the event that the configuration of the User systems is
considered to be unsuitable for the correct use of the Internet services
provided by Importa4. In any case, any responsibility of Importa4 towards the
User for any matter is limited exclusively to amount of the costs incurred
directly upon the user by Importa4, excluding in all cases the responsibility
for indirect damages or for loss of earnings.
4.3. Third Party Content and Services
Importa4 does not pre-test, approve nor produce any of contents, services,
opinions, data communications, files, products or any form of information
related to third parties or legal or physical persons included in the Website.
Similarly, it does not guarantee the legality, reliability, usefulness,
truthfulness, accuracy, exhaustiveness or currentness of any third party
content, information or Services on the Website. Importa4 does not pre-test nor
guarantee the absence of viruses or other elements in the Content and Services
provided by third parties through the Website which may affect the computer
system, electronic documents or files of the users. Importa4 will not be held
responsible, either indirectly or as a subsidiary, for damages of any nature
deriving from the use or purchase of any third party Content or Services on the
Website, nor for the lack of lawfulness, usefulness, truthfulness, accuracy,
exhaustivity and currency thereof. Including, but in no case limited to, it will
not be held responsible for damages of any nature deriving from:
a) the infringement of intellectual and industrial rights and the improper- or
non-fulfilment of contractual obligations acquired by third parties;
b) carrying out any activities of an untrue nature or producing illicit
publicity;
c) the unsuitability and deception of the expectations of third party Services
and Content;
d) the faults and defects of all types of third party Services and Content
provided through the Website. Importa4 will not be held responsible, either
indirectly or as a subsidiary, for damages of any nature caused to the User as a
consequence of the presence of a virus or other elements in the Content and
Services provided by third parties which may cause alterations to the computer
system, electronic documents or files of the User. The exoneration of
responsibility indicated in the previous paragraphs will apply should Importa4
have no effective knowledge that the activity or information held is legal or
that it affects the assets or rights of a third party eligible for compensation,
or should they have such knowledge, it shall act diligently to remove such data
and content or block all access thereto.
4.4. User Conduct
Importa4 does not guarantee that the Users of the Website use its Content and/or
Services in conformity with the law, ethics, public order, or with the present
General Conditions or, if applicable, with the Specific Conditions. Similarly,
it does not guarantee the truthfulness, accuracy, exhaustivity and/or
authenticity of the data provided by its Users.
Importa4 will not be held responsible, either indirectly or as a subsidiary, for
damages of any nature deriving from the use of the Website Content and Services
by its Users, or which may derive from the lack of truthfulness, accuracy and/or
authenticity of the data or information provided by its Users or from the stolen
identity of a third party by a User in any type of activity carried out through
the Website. Including, but not limited to, Importa4 will hold no
responsibility, either directly or as a subsidiary, for:
a) any content, information, opinions or demonstrations of any Users, third
parties or other entities communicated or exhibited through the Website;
b) any damages caused to third parties deriving from the use of the Website
Services and Content by the User;
c) any damages caused through the lack of truthfulness, accuracy or incorrect
identity of users or of any information they provide or which they make
accessible to other users;
dd) any damages deriving from infringements by any user which may affect the
rights of another user or third party, including rights of copyright, trademark,
patents, confidential information and any other right of intellectual or
industrial property.
5. REGISTERING WITH THIRD PARTIES VIA THE WEBSITE
The User acknowledges and accepts that any contractual or extra-contractual
relation which he or she may enter into with advertisers or third parties
contacted through the Website, as well as his or her participation in
competitions, promotions or the purchase of goods or services, will be
considered to be carried out solely and exclusively between the User and the
advertiser and/or third party. Consequently, the User accepts that Importa4
holds no form of responsibility for damages of any nature caused as a result of
its negotiations, conversations and/or contractual or extra-contractual
relations with advertisers or physical or legal third parties contacted through
the Website.
6. TECHNICAL LINK TOOLS
The Website places at the user’s disposition link devices and search tools which
grant Users access to the websites owned by third parties (links). The User
acknowledges and accepts that the use of Services and Content of linked websites
is done so at his or her own risk and responsibility, and frees Importa4 from
any responsibility for the technical availability of linked websites, for the
quality, trustworthiness, accuracy and/or truthfulness of the services,
information, elements and/or contents to which the User has access therein or
for the search directories included in the Website. Importa4 will not be held
responsible, either indirectly or as a subsidiary, for damages of any nature
deriving from
a) the operation, unavailability, inaccessibility or lack of continuity of
linked websites and/or available search directories;
bb) the lack of maintenance or updating of the content and services contained in
linked websites;
c) the lack of quality, inaccuracy, illegality and uselessness of the content
and services of linked websites. The exoneration of responsibility indicated in
the previous paragraphs will apply should Importa4 have no effective knowledge
that the activity or information held is legal or that it affects the assets or
rights of a third party eligible for compensation, or should they have such
knowledge, it shall act diligently to remove such data and content or block all
access thereto.
7. PROTECTION OF PERSONAL DATA
Before completing the User Registration, you should read the following
information on Data Protection and the Spanish Law on Information Society
Services.
8. TERMINATION
Without detriment to any damage liability which may arise, Importa4 may,
immediately and without prior warning, terminate its relationship with the User,
removing his or her access to the Website or its related Services, should it
suspect that said Website or any of the Services related thereto are being used
against the applicable General or Specific Conditions. The User will be
responsible for damages of any nature which may be suffered either directly or
indirectly by Importa4 or any subsidiaries thereof, as a result of the
non-fulfilment of any of the obligations deriving from the General or Specific
Conditions related to the use of the Website or of any of the Services connected
thereto. Similarly, the user frees Importa4 and its subsidiaries from any
penalty, claim or demand which may be imposed by a third party, including any
public organisations, against Importa4, its employees or agents as a result of
the violation of any third party rights by said User through the use of the
Website or the Services connected thereto in a manner which goes against the
provisions established in the applicable General or Specific Conditions.
9. OTHER
9.1. Changes
IImporta4 reserves the right to make any changes it deems necessary, with
permission to modify, remove or include new content and/or services, as well as
the way in which they are presented and located.
9.2. Underage
Users In general, to use the Services of the Website, underage persons must
first request permission from their parents, tutors or legal representatives,
who shall be responsible for all activities carried out through the website by
minors under their responsibility. Access to certain services, which are
indicated to the effect, is restricted exclusively to persons over 18 years of
age.
10. DURATION AND TERMINATION
The provision of services and/or content from the Website is valid for an
undefined period of time. Without detriment to the previous, and in accordance
with clause 8 of the present General Conditions, Importa cuatro information
technology S.L. is empowered to terminate, suspend or interrupt one-sidedly, at
any time and without having to give prior warning, the provision of the service
and the Website and/or any of the services, without detriment to the relative
provisions set down in the corresponding specific conditions.
11. LAW AND JURISDICTION
All matters relating to the Website are governed by the Laws of the Kingdom of
Spain, and are applied to the address of the User. Should the User reside
outside Spain, Importa4 and the User are submitted, with the express
renunciation of any other powers, to the courts and tribunals of the city of
Madrid (Spain).
12. USE OF COOKIES
The Portal uses a third company to gather information in the Portal, including
the use of Cookies. Click here
http://www.nielsen-netratings.com/privacy/sitecensus.htm and here
http://www.google.com/intl/es/privacy.html for more information about how we use
this third party service to gather information in the Portal. Likewise, the
Cookies can be used to make it as easy as possible for the user to browse the
Portal, without the Cookies providing references that make it possible to deduce
the user’s personal details or the data on his/her computer’s hard drive. The
installed Cookies will be deleted automatically one month after their
installation. Nevertheless, users can configure their browser to receive
notification of cookies sent by the Portal and decline their installation,
without affecting their access to the content of the Portal.
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