Legal Warning
1. OBJECT AND SCOPE OF APPLICATION
TDS is a brand whose brand management of the online channel is represented by Casco Antiguo Comercial S.L CIF: B79683579
1.1. The fact of accessing, browsing or using the services and contents of the Website implies that the User has read, is aware of and accepts without reservation the Conditions of Use.
In this sense, the User will be considered as the person who uses, navigates or accesses any of the contents and services offered on the Website.
The User agrees to use the Website, in accordance with the Law and the provisions of these Terms of Use and the Privacy Policy published on the Website. The User must refrain from using any illegal act or contrary to these Terms of Use.
1.2. However, access to certain content and the use and / or acquisition / provision of some services is subject to certain Specific Conditions or General Contracting Conditions, which, depending on the case, will replace, complete and / or modify these Conditions of Use , and in case of contradiction, the contradictory terms of the Particular Conditions or General Contracting Conditions will prevail over those stipulated in these Conditions of Use.
1.3. TDS reserves the right to modify the presentation, configuration, content of the Website and any of its services, as well as the conditions required for its access, use and / or provision of services offered. The access and use of the contents and services after the entry into force of their modifications or the changes in the conditions suppose the acceptance of them.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
2.1. This Website is governed by national and international legislation on intellectual and industrial property.
2.2. In no case will it be understood that access and navigation of the User to the Website or the use, acquisition and / or contracting of products or services offered through it, implies a waiver, transfer, license or total or partial assignment of said rights by TDS.
2.3. TDS is the owner or has obtained the corresponding license on the rights of exploitation of intellectual and industrial property of TDS as well as the rights and / or licenses of intellectual, industrial and image property on the contents and products available through it.
2.4. It is not allowed to suppress, evade or manipulate the copyright notice (“copyright”) and any other identifying data of the rights of TDS.
It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents and products, including in www.ropachica.es for public or commercial purposes, if you do not have the express written authorization of TDS
3. USE OF THE WEB PAGE
3.1. The User will have access to the contents and use of the services provided by the Website for free, although some services may be subject to prior registration, prior contracting and / or payment of an amount by the User, which specify in their own General Contract Conditions.
By using the services and / or accessing the contents of the Website, the User agrees to these Terms of Use, pledging not to use them to send messages that defame or insult, or that contain false information, that is inappropriate, abusive , harmful, pornographic, threatening, damaging the public image or the private life of third parties or for any reason infringing any law.
3.2. In particular, and merely indicative and not exhaustive, the User undertakes not to collect data for advertising purposes, not to send any type of online advertising and not to transmit, disseminate or make available to third parties through the Services that may be provided by TDS, information, messages, graphics, sound or image files, photographs, recordings, software and in general any kind of material, data or content that, without exhaustive intention:
-They engage in illicit activities, illegal or contrary to good faith and public order;
– In any way contravene, disparage or attempt against the fundamental rights and public freedoms recognized constitutionally or in international treaties and in the rest of the legal system;
-Induce, incite or promote criminal, slanderous, defamatory or violent actions;
-Identify, incite or promote actions, attitudes or discriminatory ideas based on sex, race, religion, beliefs or age;
-Incorporate criminal, violent or degrading messages;
-Identify or incite to engage in dangerous, risky or harmful practices for health and psychic balance;
-They are false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that may mislead their purpose or the intentions or purposes of the communicator;
-They are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their holders the necessary authorization to carry out the use made or intended to be made;
-Violen business secrets of third parties;
-They are contrary to the right to honor, to personal and family privacy or to the person’s own image;
-Increase the regulations on secrecy of communications;
-Provoke by their characteristics (such as format, extension, etc.) difficulties in the normal operation of the Services.
4. LICENSE ON COMMUNICATIONS
4.1. In the event that the User sends information of any kind to TDS through the Website, through the channels provided for that purpose on the Website itself, the User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property rights, trademark, patent, trade secret, or any other third party right, that said information is not confidential and that said information is not harmful to third parties.
4.2. The User acknowledges the responsibility and will leave Ropachica harmless for any communication that it provides personally or in its name, reaching such responsibility without any restriction the accuracy, legality, originality and ownership of it.
5. RESPONSIBILITIES AND GUARANTEES
5.1. TDS can not guarantee the reliability, usefulness or veracity of the services or of the information provided through the Website.
Consequently, TDS does not guarantee or be responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents or products; (iii) the absence of viruses and / or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and / or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents and products of the Website; (vi) the damages caused to itself or to a third party, any person who infringes the conditions, rules and instructions that TDS publishes on the Website or through the violation of its security systems.
5.2 However, TDS declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Website and to prevent the existence and transmission of viruses and other harmful components to Users.
If the User is aware of the existence of any illegal content, illegal, contrary to the laws or that could involve an infringement of intellectual and / or industrial property rights, must notify TDS immediately so that it can proceed to the adoption of the Measures.
6. LINKS
6.1 Links to other Web pages
In the event that from the Website, the User could find links to other Web Pages through different buttons, links, banners, etc., these would be managed by third parties. TDS has no power or human or technical means to know, control or approve all information, content, products or services provided by other Web sites to which links can be established from the Website.
Consequently, TDS can not assume any responsibility for any aspect related to the Website to which a link could be established from it, in particular, by way of example and not limited to its operation, access, data, information , archives, quality and reliability of its products and services, its own links and / or any of its contents, in general.
In this sense, if the Users had actual knowledge of the illegality of activities developed through these Web pages of third parties, they should immediately notify TDS so that the link to access it is disabled.
The establishment of any type of link from the Website to another website does not imply that there is any kind of relationship, collaboration or dependency between TDS and the person responsible for the external Website.
6.2 Links on other Websites to the Website
If any User, entity or Site or Website wishes to establish any type of link to the Website, it must comply with the following stipulations:
The link can only be directed to the Home Page or Home of the Website, unless expressly authorized in writing by TDS.
The link must be absolute and complete, that is, it must take the User, through a click, to the URL of the Website and must fully cover the entire length of the Home Page screen of the Website. In any case, unless TDS expressly authorizes it and in writing, the Website that makes the link may reproduce, in any way, the Website, include it as part of its Website or within one of its “frames” or create a “browser” on any of the pages of your Page or Website.
In the Website that establishes the link, it will not be possible to declare in any way that TDS has authorized such link, unless it has done so expressly and in writing. If the entity that makes the link from your page or website to the Website owned by TDS correctly, you will want to include in your Website the brand, denomination, commercial name, label, logo, slogan or any other type of identifying element owned by TDS and / or the Website, must have prior express authorization in writing.
TDS does not authorize the establishment of a link to the Website from those Websites that contain material, information or illegal, illegal, degrading, obscene content, and in general, that contravene morality, public order or generally accepted social norms.
TDS does not have the faculty or human and technical means to know, control or approve all the information, contents, products or services provided by other Web sites that have established links to the Website owned by TDS. In this sense, TDS does not assume any responsibility for any aspect related to the Website that establishes this link, specifically, by way of example and not limited to its operation, access, data, information, files, quality and reliability of your products and services, your own links and / or any of its contents, in general.
7. DURATION AND MODIFICATION
7.1. TDS may modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same way in which these Terms of Use appear, through any type of communication addressed to Users.
7.2. The temporary validity of these Conditions of Use therefore coincide with the time of their exposure, until they are totally or partially modified, at which time they will become valid in the modified Conditions of Use.
7.3. Regardless of what may be arranged in Particular Conditions that are established, TDS may terminate, suspend or interrupt, at any time without notice, access to the contents of the page, without possibility for the User to demand compensation some. After said termination, the prohibitions of use of the contents previously exposed in these Conditions of Use will remain in force.
8. GENERAL
8.1. The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of the Terms of Use.
8.2. In the event that any provision or provisions of this Terms of Use are considered null and void or inapplicable, in whole or in part, by any Court, Court or competent administrative body, said Nullity or non-application will not affect the other provisions of the Terms of Use.
8.3. The non-exercise or execution by TDS of any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledgment and agreement in writing by the party.
9. JURISDICTION
These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile.