General Conditions: Use and Contracting and information
First. – Nature of General Conditions and Identifying Data. –
Access and use of the Portal “www.custom883.com” (hereinafter, the portal), made available to Internet users, is subject to compliance with these general conditions, which the user declares to know and accept expressly and fully , from the moment you access the portal, the moment in which you also acquire the status of user thereof. Consequently, any use of the portal implies acceptance of these conditions, which the user is obliged to read in each of the accesses he makes.
Notwithstanding the foregoing, it is possible that in certain cases the user must accept particular conditions of a specific nature, which complement, replace or invalidate, in whole or in part, the general conditions, and that the user also declares to know and expressly accept, in the same terms regulated in the preceding paragraph for these.
Our data is as follows:
ANTONIO RAPETTI (trademark)
C / Asturias, 71 Torviscas Alto
CP 38660. Adeje
Second. – Object. –
The purpose of these conditions is to regulate access and use of the portal by users who visit it, as well as making it available in their favor, free of charge unless expressly stated otherwise, both the information provided, whether general or specialized, such as the different content offered and services provided therein. These general conditions are published on the portal under the name “Legal Notice”.
Third. – Duration. –
The present general conditions and the particular ones that may eventually be established, and with the wording that they present at all times, have an indefinite duration, and will remain in force as long as the portal is still active.
In the same way, the access and use of the portal, and of the resources that it offers, have in principle an indefinite duration, although ANTONIO RAPETTI reserves the right to suspend and / or cancel, unilaterally and at any time , access to the portal or to any of its parts and / or resources, without prior notice.
Quarter. – Regime of Modifications. –
ANTONIO RAPETTI reserves the right to unilaterally modify, at any time, and without prior notice, both these general conditions and the particular ones that may eventually be established; the configuration, presentation and design of the portal or any of the elements that comprise it; the information, general or specialized, and the content provided, and, in general, any other circumstances not expressly designated, including the cancellation of the portal or any of its elements. Once any of the aforementioned modifications have been implemented on the portal, any subsequent access made by the user will imply his unconditional acceptance of them.
Likewise, and in order to offer a correct functioning of the portal, ANTONIO RAPETTI reserves the right to temporarily suspend, without prior notice to users, accessibility to the portal in case of maintenance, repair, updating or improvement operations. of the services, information and content, as well as to modify or update the access conditions of said portal. ANTONIO RAPETTI also reserves the right to set limits on the use and storage according to its sole understanding, at any time and without notice.
In addition to the above, ANTONIO RAPETTI, also reserves the right to withdraw, in whole or in part, unilaterally and at any time, the free access to the portal or the use of information and content. In this case, users will be informed of this circumstance, on the main page of the portal, with sufficient notice.
Fifth. – User Registration: use of password and password. –
Access to the portal is not conditioned on the user’s prior registration. However, access to certain services or resources of the portal will only be feasible by prior registration of the user. When completing the registration, the user will indicate in the form both the key and the password of their choice.
The user may only choose as key words, numbers or sets of both that are not contrary to law, morality, generally accepted good customs or public order. The use of passwords that, in any way, violate the right of industrial and intellectual property, or coincide or resemble corporate names or advertising slogans, when it lacks the right title to do so, is prohibited.
Both the key and the password are confidential. Therefore, the user must use them with due diligence, and must keep them safely, so that their use by third parties is not possible, regardless of the relationship that the user has with them, since their transfer is not authorized. ANTONIO RAPETTI cannot be held responsible, nor will it be held responsible, for any loss or damage derived from the non-compliance with the previous requirements.
Consequently, the user undertakes to immediately notify ANTONIO RAPETTI both of the loss of his password and password, regardless of the cause thereof, as well as any danger or impairment in his confidentiality, responding, otherwise, for any damage or damage caused by verified accesses through them.
Sixth. – Rules of use of the portal. Limitations. –
The user agrees to use the portal in strict respect and observance of these general conditions, as well as the particular ones that may eventually be established; and, likewise, of the law, custom and public order. Consequently, the user, by way of illustration and not limitation, is obliged to:
- Not to use the portal, nor to make use of the elements, information, contents and services that integrate it, violating the general and / or particular conditions, or violating the law, generally accepted good customs or public order.
- Not to harm, in said use, the rights, of any type, that correspond to third parties. Do not execute acts that limit or impede access and use of the portal, under appropriate conditions, by other users.
- Not unlawfully access the portal, or third-party computer systems, or spread computer programs or viruses that may cause damage to equipment or computer systems, whatever they may be, and regardless of the personality of their respective owners.
- Do not use mechanisms other than those expressly enabled or recommended on the portal to obtain the information, content and services that comprise it, when such obtaining is possible due to having been authorized or permitted by ANTONIO RAPETTI.
- Do not send, in any case, advertising or commercial communications of any kind, nor electronic messages not requested or previously consented by their possible recipients, whether they are individual messages or chain messages. Likewise, it undertakes not to capture or use distribution lists that may eventually be accessible from the portal, nor to transfer, by any title, to third parties, the referred lists or data contained therein, all regardless of the purpose pursued.
- Do not establish hyperlinks or links between any web page, including the user’s own, or any other site or space accessible from the Internet, and the ANTONIO RAPETTI portal, unless expressly authorized in writing by ANTONIO RAPETTI, and with the conditions that it has established in each case. The user who fails to comply with the foregoing will be solely and exclusively responsible for damages of any kind caused for such reason, either to ANTONIO RAPETTI or to third parties.
- Not to carry out activities that in any way suppose or could suppose a reduction or damage, of any type, for ANTONIO RAPETTI.
Any breach of these general conditions, or of the particular ones that may be specifically established, will empower ANTONIO RAPETTI to deny access to the offending user portal.
Seventh. – Intellectual and industrial property rights
Industrial and intellectual property rights (by way of example and not limitation): interactive screen designs, graphic designs, drawings, planograms, image or sound files, photographs, infographics, user interface, indexing systems, trademarks, logos, texts, photographs, icons, images, and other software elements contained on the website www.custom883.com are the property of ANTONIO RAPETTI. Therefore, they are subject to intellectual and industrial property rights and protected by Spanish and international law.
Without the prior written authorization of ANTONIO RAPETTI it is not allowed to use, copy, distribute, reproduce, transmit, manipulate, as well as any use that exceeds a normal and necessary use for the visit of the page and the use of the services. offered.
The user agrees not to violate, in any case, the rights referred to in the preceding paragraph, as well as to use the portal. with its different elements and contents, for your exclusive private use. Consequently, the User, by way of illustration and not limitation, may not use the portal for business or commercial purposes; or transfer, reproduce, copy, transform or distribute in any way, the elements, information, services or content that comprise it, owned by ANTONIO RAPETTI; nor facilitate or allow third party access to said elements, information, services and content through public communication in any form, except expressly authorized to do so by these General Conditions or the Particular Conditions, which may eventually be established; nor circumvent, delete, modify or manipulate the technical protection or security devices of the portal or those elements that comprise it; nor falsify any TCP / IP packet header or any part of the header information in any email or publication, or to the use of the portal to send altered, misleading or false source identification information; nor transform or modify them; nor interfere in the access of any User, server or network, through the sending of viruses, causing overload or use of scripts for the creation of Content that causes interference or generates an undue load on the portal; nor suppress, modify or manipulate, by any means, the “Copyright” of ANTONIO RAPETTI.
The User will refrain from carrying out any activity that infringes the intellectual and industrial property rights of ANTONIO RAPETTI, as well as the third parties that are referred to in this portal. In case of infringement of the aforementioned rights, the User of the portal must fully hold ANTONIO RAPETTI harmless, without financial limit, from all actions for claiming damages, whether judicial, extrajudicial or administrative sanctions, including the reasonable expenses of lawyers and attorneys and legal fees associated with them, could be filed due to the user’s breach, and all without prejudice to the claim for damages that all this could cause to ANTONIO RAPETTI.
Any reference made on this portal to third-party products and / or services or to any other information using the brand, trade name or company name, which are owned by third parties, does not in itself constitute sponsorship or recommendation of any kind by part of ANTONIO RAPETTI.
For the aforementioned purposes, ANTONIO RAPETTI expressly reserves before Users and other third parties the exercise of all actions protected by their legitimate intellectual and industrial property rights.
Eighth. – Warranty and liability regime. –
Notwithstanding what is stated in the rest of these General Conditions and those of Individuals, access and use of the portal, as well as the information, services and content that are part of it, verified by the User, are their exclusive and full responsibility, releasing and leaving ANTONIO RAPETTI harmless, without financial limit, from all responsibility for such events. Said disclaimer of ANTONIO RAPETTI, of an absolute nature, also reaches, by way of example and not limitation, the following circumstances:
- The damages that the User may suffer due to the lack of availability, punctuality or operation of the portal and / or all or some of its elements, information, services, content, etc., or due to the lack of veracity or accuracy of either or by mistake.
- The damages that the User may suffer through accessible internet spaces, such as web pages, etc., through hyperlinks or links established on the portal.
The damages for the suppression or the lack of storage or transmission of any Content or other communication on the portal.
The damages caused by the loss of information of the Users that, as a consequence of the use of the portal or its different elements, etc., may be eventually stored, for any circumstance, either in their computer systems or in the portal .
- The damages and losses suffered by the User as a result of a use of the portal, for its part, contrary to these General Conditions, as a whole, or to the Particular, or in violation of the provisions of the law, or contrary to custom and public order.
- The damages suffered by the User that have their origin in the lack of veracity or accuracy of the information provided or communications made by other users, or that have their origin in the indication of false identities used by any User, correspond or not with that of real third parties.
- The damages that the User himself suffers, or generated to third parties, as a consequence of using user names and access passwords that violate the provisions of the Fifth clause of these General Conditions.
- The damages on Contents that are considered or could be considered offensive, humiliating, inappropriate, obscene, illegal or unacceptable for any User.
- The damages caused by the conduct of any User.
- The damages and losses caused by any breach of the User of these General Conditions and the Particular, and especially, in relation to the provisions established for the collection and processing of personal data.
By virtue of the foregoing, ANTONIO RAPETTI will only be liable for the damages that the User may suffer as a consequence of the use of the portal when said damages are attributable to a willful action of this company. The User acknowledges and accepts that the use of the portal, as well as the acquisition of the products and services offered therein, is carried out at his / her entire risk and responsibility.
In any case and to the extent permitted by applicable law, ANTONIO RAPETTI, will not be responsible for indirect, incidental, special, consequential or punitive damages or for the loss of benefits or gains, whether direct or indirect, or for any loss of data, use, goodwill or other intangible losses, as a result of:
- your access to, use or inability to access or use the portal;
- any Content or conduct of any User and third party, including, among others, any offensive or defamatory act or any illegal act of other Users or third parties;
- any content obtained from the services;
- unauthorized access, use or alteration of their transmissions or their content.
ANTONIO RAPETTI is not responsible for the damages that may derive from, merely by way of illustration and not limitation
- inferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational operation of this electronic system or in the computer devices and equipment of the Users, motivated by causes beyond ANTONIO RAPETTI, that prevent or delay the provision of services or browsing the portal;
- delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems;
that they may be caused by third parties through illegitimate interference beyond the control of the portal and that are not attributable to ANTONIO RAPETTI;
of the impossibility of giving service or allowing access for reasons not attributable to ANTONIO RAPETTI, due to the User, third parties, or force majeure or fortuitous events.
ANTONIO RAPETTI does not control, in general, the use that Users make of the portal. In particular ANTONIO RAPETTI does not guarantee under any circumstances that Users use the service in accordance with the law, these General and Particular Conditions, generally accepted morals and good customs and public order, nor that they do so diligently and prudent.
ANTONIO RAPETTI does not guarantee that the links, which may exist, to other web pages (“links” or “frames”) are accurate and correct at the time the User of the web portal decides to use them. ANTONIO RAPETTI will not assume any kind of damage, loss or any kind of damage, direct or indirect, derived from the information, opinion, content, applications, products and / or services that may be offered or displayed on web pages that are the responsibility of third parties. or collaborators outside ANTONIO RAPETTI, who, if applicable, would have been accessed through the links collected on this portal.
ANTONIO RAPETTI has no effective knowledge that the activity or information to which they refer, where appropriate, the links located on the portal are unlawful or harm the property or rights of a third party liable for compensation.
If ANTONIO RAPETTI were aware of any wrongfulness or injury as indicated above, this entity will act diligently to delete or disable the corresponding link. Likewise, if any User of the portal has effective knowledge of the referral to any illegal content or that damages property or rights of a third party, derived from any link located on this portal, they must inform ANTONIO RAPETTI so that this entity can act in consecuense.
Ninth. – Communications. –
In the same way, any communication that ANTONIO RAPETTI must make to the User will be directed to the email address provided by the User. It is considered that the User has provided, voluntarily and in accordance with the provisions of these General Conditions, his email address for the simple fact of being able to communicate with ANTONIO RAPETTI by that means.
Tenth. – Assignment and partial nullity. –
ANTONIO RAPETTI’s inability to enforce any right or provision of these Conditions shall not be considered as an assignment of such right or provision. In the event that any provision of these Conditions is considered invalid or unenforceable, said provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Conditions will remain in full force and effect.
Eleventh. – Applicable Law and Jurisdiction. –
The present general conditions and the particular ones that may eventually be established are governed by Spanish legislation. In the event of a dispute or controversy related to the application or interpretation of the same, the parties will submit to the Courts and Tribunals of Arona (Tenerife).
Twelfth- Complete agreement and termination (right of cancellation). –
The User may terminate this legal agreement with ANTONIO RAPETTI at any time and for any reason if he deletes his account and consequently stops using the portal, and in accordance with the instructions established on the portal itself. The User does not need to specifically inform ANTONIO RAPETTI when he stops or ends using the portal. There may be information from the User that deletes his account that is not deleted, and this given that said information had been published in some private group or had been sent by message to another User, who, without prejudice to your cancellation, follows it holding.
Additionally, it is reported that ANTONIO RAPETTI can suspend or cancel the accounts of the Users or stop providing all or part of the services associated with them, at any time and based on the following reasons, among others:
- that the User has breached any of the provisions contained in this agreement
- that the User has created a risk or possible legal exposure for ANTONIO RAPETTI or, where appropriate, for other Users.
For these purposes, ANTONIO RAPETTI will make reasonable efforts to notify you through the email address associated with the User’s account the next time he himself attempts to access his account. In such cases, this agreement with the User will be terminated, except for those provisions of the same that due to their nature must continue to be applicable after the aforementioned termination.