Access and/or use of the Web Site
that contains the link to this document (the “Web Site”) is subject to the
following terms and conditions (“Conditions”). Anyone accessing and/or using
the Web Site (the “User”) should read these Conditions carefully as access to
the Web Site and/or use of the materials, services and content included in it,
signifies that the User has read, and understands and accepts, without
reservation, these Conditions.
In some cases, access to and/or use of specific content or services accessible through the Web Site may be subject to specific conditions that complement or modify the present Conditions. These specific conditions are accessible from the web page containing the content or services to which they relate or are provided when such content or service is accessed. The specific conditions will always prevail over these Conditions.
The Web Site is controlled by Electronic Group Interactive, S.L., C.I.F. number B-62191234, incorporated on 15th February 2000, registered in the Registro Mercantil de Barcelona in Volume 32396, Sheet 15, Record B 209689, Inscription 1, with its registered office in Barcelona, c/ Moll de Barcelona s/n, Edificio World Trade Center Barcelona, Edificio Norte, 4th floor (“the Provider”). The Provider holds a General Authorisation Type C in Spain, for the provision of data transmission services available to the general public, granted on 9 December 2002, and subject to the supervision of the Telecommunications Market Commission.
1. Through the Web Site and the web
pages located in it, the User may access services, content and materials
prepared by the Provider, on its behalf or by third parties. Access to and/or
use of the Web Site is provided by the Provider without charge and anonymously,
although to access paid content and services the User will have to connect
through a billing system applicable to such content. In some cases it will also
be necessary to fill out a registration form in order to use certain services
or to access specific content. Any such registration process will be carried
out in accordance with the Provider’s Privacy Policy.
2. The User hereby undertakes to access
and/or use the Web Site, its content and services in accordance with these
Conditions, the Provider’s Privacy Policy, applicable law and accepted
principles and practices, indemnifying the Provider and any third parties for
any loss or damage that may be caused as a result of the User breaching this
obligation.
3. It may be possible to access adult
services or content on or through the Web Site. ACCESS TO AND/OR USE OF SUCH
SERVICES OR CONTENT IS STRICTLY PROHIBITED TO ANYONE UNDER 18 YEARS OF AGE (OR
THE LEGAL AGE TO ACCESS SUCH CONTENT ACCORDING TO THE LAW OF THE USER’S
LOCATION). In order to access and/or use such services or content the User must
be, and the User hereby warrants that he or she is, at least such legal age. In
addition, the User warrants that the User will not allow access to and/or use
of such services or content to any person under such legal age. All Users
should consult the specific conditions applicable to each service for the
applicable requirements for access to such services.
4. The offer of services and content included
on the Web Site is provided only in the languages indicated in the Web Site and
for those States indicated in that Web Site. If the User is in any other State
the User must not access and/or use the Web Site, its content or services.
5. The Web Site and all the content and
materials in the Web Site including, in particular but without limitation,
text, images, graphics, animations, banners, sounds, files, software,
databases, videos, trademarks, domain names, logos, combinations of colours, or
any other element of the Web Site, its structure, source code or design is,
save where expressly indicated, the property and © Copyright of the Provider or
its licensors. The Provider reserves all rights in the Web Site, its content
and services, authorizing only access and/or use as expressly permitted by
these Conditions.
6. The User may not modify, manipulate,
transform, copy or reproduce in any non-transitory form, publish, disclose,
extract, imitate, create derived concepts, decompile, decode, reverse engineer,
transfer, transmit, rent out, distribute, license, sublicense, sell or
otherwise deal with the services or content of the Web Site or any rights in
the same, except with express written authorization of the Provider. In any
case, it is forbidden to circumvent, delete or manipulate the copyright,
digital fingerprints, watermarks or other technical protection devices or data
identifying the Provider’s or its licensors’ rights in the Web Site, its
content or services.
7. Any User interested in any
transaction or commercial activity in connection with the services and content
of the Web Site, should please contact live@electronic-group.com, to
seek the necessary authorization.
8. The use over any page of the Web
Site of frames not already included within the Web Site is strictly forbidden,
except with prior written authorization of the Provider.
LIABILITY
9. THE WEB SITE IS PROVIDED "AS
IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS
FOR A PARTICULAR PURPOSE. THE PROVIDER MAKES NO WARRANTY AND/OR REPRESENTATION
THAT THE WEB SITE WILL MEET THE USER’S REQUIREMENTS, OR THAT THE CONTENT OR
SERVICES WILL BE TRUTHFUL, CORRECT, COMPLETE AND/OR UP TO DATE, OR THAT ACCESS
TO AND/OR USE OF THE WEBSITE, ITS CONTENT OR SERVICES WILL BE UNINTERRUPTED,
WITHOUT DELAY OR ERROR, OR VIRUS FREE.
10. THE WEB SITE, FOR CONVENIENCE OF
USERS, MAY CONTAIN LINKS, WHETHER IN TEXTUAL OR GRAPHICAL FORMAT, TO THIRD
PARTY CONTENT, SERVICES, PAGES OR WEB SITES WHICH ARE NOT CONTROLLED BY THE
PROVIDER, AND THE PROVIDER THEREFORE ACCEPTS NO RESPONSIBILITY FOR THE CONTENT
OR THE CONDITION OF SUCH WEB PAGES OR THEIR CONTENT. THE INSERTION OF SUCH
LINKS DOES NOT SIGNIFY THAT THE PROVIDER IS AWARE OF, SHARES OR PROMOTES THE
CONTENT OR OPINIONS OF THE OWNERS OF THOSE WEB SITES OR WEB PAGES. THE PROVIDER
DOES NOT ASSUME ANY OBLIGATION TO VERIFY OR SUPERVISE THE CONTENT OR
INFORMATION CONTAINED IN WEB PAGES AND WEB SITES ACCESSIBLE THROUGH THE LINKS
ON THE WEB SITE.
11. THE USER IS AWARE AND VOLUNTARILY
ACCEPTS THAT ACCESS TO AND/OR USE OF THE WEB SITE, ITS CONTENT OR SERVICES
TAKES PLACE EXCLUSIVELY AT THE USER’S OWN RISK. THE PROVIDER WILL NOT BE LIABLE
FOR ANY USE THAT THE USER MAY MAKE OF THE WEB SITE, ITS CONTENT OR SERVICES.
12. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, THE PROVIDER HEREBY EXCLUDES ALL LIABILITY IN RESPECT OF:
A) LOSS OR DAMAGE, INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS OR OTHER LOSSES, WHETHER DIRECT, INDIRECT OR
CONSEQUENTIAL;
B) ANY CLAIM MADE AGAINST ANY USER BY
ANY THIRD PARTY;
C) ANY CLAIM, LOSS OR DAMAGE (INCLUDING
WITHOUT LIMITATION TO ANY HARDWARE OR SOFTWARE) THAT MAY BE CAUSED BY ACCESS TO
AND/OR USE OF THE WEBSITE, ITS CONTENT OR SERVICES OR BY THEIR FAILURE TO
FUNCTION; AND/OR
D) CLAIMS OR LIABILITIES ARISING OUT OF
ANY OF THE FOLLOWING MATTERS:
I)
THE
CONTENT (INCLUDING WITHOUT LIMITATION ITS NATURE OR ANY INTELLECTUAL PROPERTY
RIGHTS THEREIN) OF ANY WEBSITE, TELEPHONE SERVICE OR OTHER DATA, IMAGES, SOUNDS
OR SERVICES THAT THE USER MAY ACCESS THROUGH THE WEB SITE;
II)
LIABILITY
TO ANY EMPLOYER, PRINCIPAL, CLIENT, OR LESSOR OR PROVIDER OF COMPUTER EQUIPMENT
OR FACILITIES, ARISING OUT OF ACCESS TO AND/OR USE OF THE WEB SITE, ITS CONTENT
OR SERVICES;
III)
ANY
CHARGES WHICH THE USER MAY INCUR TO ANY TELECOMMUNICATIONS SERVICE OR NETWORK
OR ANY CONTENT PROVIDER.
13. The Provider reserves the right to
suspend, restrict or terminate access to, modify or update the Web site, its
content or services unilaterally, at any time and without prior notice. The
Provider will not be liable for any loss or damage resulting from the adoption
of such measures.
14. The Provider reserves the right to
amend these Conditions from time to time for legal reasons or due to changes in
the provision of the Provider’s services or in the access to the content or the
Web Site. The up to date version of the Conditions will always be available on
the Web Site. If the User does not agree with the Conditions, the User may not
access or use the Web Site, its content or services.
15. Should any part of these Conditions
be or become invalid, illegal or unenforceable, this shall in no way affect the
validity of the remaining parts.
16. In respect of any dispute arising
out of these Conditions the Provider hereby submits to the jurisdiction of the
courts of the home state of the User, if the User is a consumer. If the User is
not a consumer, or even if a consumer then to the extent permitted by
applicable law, the competent courts in respect of any such dispute shall be
the courts of the domicile of the Provider.
17. These Conditions shall be governed
by and construed in accordance with the laws of the domicile of the Provider,
without prejudice to the mandatory rules of the courts hearing the matter as
well as mandatory consumer protection rules.