Legal disclaimer and terms of use

GENERAL INFORMATION

In compliance with the provisions of article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, users are hereby notified that the company Toromiro, S.L., registered in Spain with business address at Passatge Masoliver 13, 08005 Barcelona, and Tax ID number B-64697220, registered in the Barcelona Companies House in volume 40.027, folio 113, sheet B-357.129 (hereinafter, “VENTÓS LARIO”) owns and manages the website at www. ventoslario.com (hereinafter the “Website“).

The following options are available to contact VENTÓS LARIO:

• Post: Passatge Masoliver 13, 08005 Barcelona.
• Phone: 93.016.27.24
• Email: info@ventoslario.com

 

CONDITIONS OF USE FOR THE WEBSITE

VENTÓS LARIO hereby notifies Users that all access to and use of this Website and any of the URLs, subdomains and directories therein, as well as any products or services they may gain access to through said Website, is subject to the terms in these Conditions of use, notwithstanding any specific terms and conditions (“Specific Conditions“) that may apply to certain services offered to Users through this Website or the General conditions of sale (GCS) that in some cases may substitute, complement and/or modify this Legal disclaimer and Conditions of use. As a result, before using said services, please carefully read and accept the corresponding Specific conditions or GCS, as applies.

1. Acceptance of Terms of use
   Access to and use of this Website and its contents makes one a user (the “User“) and implies acceptance of being legally bound by all the terms and conditions contained or mentioned therein, without reservation, in the version posted at the moment of the access. Thus, we recommend reading these Conditions of use carefully before accessing the Website. If you do NOT accept each and every one of these conditions, you may NOT access or use the Website. These Conditions of use replace any other previously mentioned conditions in any other document, except for any prior amendments that may be put down in writing.
2. Modification of Terms of use
   VENTÓS LARIO may change or modify these Terms of use at any time. The modified Terms of use shall be applicable from the time they are posted. By continuing to visit and/or use the website after the modified Terms of use have been posted, users are accepting said changes. We recommend reviewing all applicable terms and conditions regularly. VENTÓS LARIO reserves the right to discontinue or change this Website without prior warning in order to update, correct, modify, add or eliminate contents or design. The products and services offered, as well as the contents of the Website, may be updated periodically and, as the information may not be updated immediately, we recommend regularly checking that the information, products, services and contents on the site are current and correct. Likewise, VENTÓS LARIO reserves the right to restrict, bar or discontinue access to the Website in whole or part to any User for any reason with no prior warning, at its exclusive discretion applicable immediately. VENTÓS LARIO does its best to keep the Website working properly, preventing errors and/or repairing them, if they do occur, and keeping contents of the Website duly updated. Nevertheless, VENTÓS LARIO cannot guarantee there shall be no technological failures nor that the Website, and the products and services offered therein, shall be accessible at all times and, as a result, shall not be held liable for any damages that may arise from a lack of availability or by failure to access the site due to disconnection, failure, overload or network failure not attributable to VENTÓS LARIO.
3. Details and credentials
   To access and request the products and services offered through this Website, VENTÓS LARIO may require users to create an account, for which specific details shall be requested, some of which may be of a personal nature, such as name or business, address and email, among others. As a result of registering, Users shall be provided with a username and password (hereinafter the “Credentials“). Each User’s Credentials are personal and confidential and only the User may change them. Likewise, each User is solely responsible for the use of said Credentials and undertakes to not reveal them to third parties. As such, VENTÓS LARIO shall not be held liable for any fraudulent use of said Credentials. Likewise, Users undertake to notify VENTÓS LARIO immediately of any unauthorised use of their Credentials or of any unauthorised access by third parties. Any information or personal details provided or collected by or in association with this Website shall be handled according to the provisions of the Privacy policy, with these Conditions of Use being subject to said Privacy policy. By using the Website, Users hereby declare they are aware of the handling of said information and details and that they are truthful, accurate and real. Users may modify their details as necessary in their account.
4. Access to and use of this Website
   By accessing and browsing this Website, Users are accepting and stating they are aware of the legal warnings expressed herein. However, accessing the site does not imply any sort of commercial relationship between VENTÓS LARIO and the User. Users undertake to use the Website, and its services and contents, without infringing on current law, good faith, generally accepted uses and customs or public order. Likewise, any use of the Website for illegal or illicit purposes is strictly prohibited. In using the Website, Users undertake to not behave in any way that may damage the image, interests and/or rights of VENTÓS LARIO and/or third parties or that may damage, disable or overload the Website or that in any way impedes normal use of the Website, computer equipment or documents, files or any sort of contents stored on the computer equipment (hardware or software) of VENTÓS LARIO or any other User. Likewise, Users must abstain from deleting, altering, disabling, removing or manipulating any protection device or security system that may be on the Website under any circumstances.

The User shall be held responsible by VENTÓS LARIO and/or third parties for any damages that may arise as a result of failure to comply with the aforementioned obligations of access and use.

If the user were to infringe upon said Conditions of use, or any other terms and conditions established on the Website, VENTÓS LARIO may limit, suspend and/or prohibit access to said Website, adopting any technical means necessary to this effect.

5. Intellectual and industrial property
   All of the contents of this Website, including but not limited to the texts, images, photographs, sounds, files, logos, source code, colour combinations, or any other element, such as its structure or design, selection and presentation of materials and software necessary for operating, access and use (hereinafter the “Content“), are subject to industrial and intellectual property rights belonging to VENTÓS LARIO or third parties who have authorised VENTÓS LARIO to use them. As such, Users may only use the Content for their own personal and private purposes and undertake to not use it for commercial purposes nor to exploit, distribute, reproduce, publicly communicate, reverse engineer, modify, alter or decompile it without express prior consent in writing from the rights holder except where legally allowed. Users shall be held legally responsible for any unauthorised use, resale or infringement on VENTÓS LARIO’s property rights to the information contained in this Website. Specifically, unauthorised use of the Content and any damage caused to the intellectual property rights of VENTÓS LARIO and/or the licensors may be prosecuted to the fullest extent of the law.

Use of this Website by Users does not imply any granting of intellectual property rights to this Website nor its Contents.

6. Links to other websites
   The Website may include links that take Users to other websites (“Linked sites“). Under no circumstances do these Linked Sites constitute a recommendation, promotion, identification with and/or approval of VENTÓS LARIO of the opinions, contents and/or services provided through Linked sites. As a result, VENTÓS LARIO shall not be held responsible for the content and/or conditions of the Linked sites, as users are solely responsible for checking and accepting them each time they visit or use said sites.
7. Advertising
   VENTÓS LARIO may include its own or third-party advertising on the Website to offer Users products or services it believes may be of interest. Nevertheless, with regard to third-party advertising, VENTÓS LARIO has no control over the appearance of said advertisements, nor the quality or suitability of the products or services to which they refer, and as such shall not be held liable for any damages that the User may experience arising from third parties.
8. Limitation of liability
   Use of this Website is done at the Users own risk. Except when legally required, VENTÓS LARIO shall not be held responsible for any errors or omissions this Website may have, nor for any damages arising from the use of this Website, nor for any action taken based on information contained therein, nor for the manner in which the User uses the products and services acquired through it. Nor shall VENTÓS LARIO be held responsible for the use the User makes of any Content from the Website, infringing on intellectual or industrial property rights or any other third-party rights.

VENTÓS LARIO has adopted all reasonable security measures to detect any viruses and/or computer damage. Nevertheless, computer system security measures aren’t fool proof and, as such, VENTÓS LARIO cannot guarantee that there aren’t any viruses or other elements that may alter the Users’ computer systems (software and hardware) or the contents of said systems. In this regard, VENTÓS LARIO, to the fullest extent allowable by law, hereby expressly excludes itself from liability for any damages of any sort that may arise from the presence of viruses or any other elements contained in the Website that may alter the computer systems, electronic documents and/or files of Users and/or third parties.

Under no circumstances or causes shall VENTÓS LARIO, its suppliers or any other party involved in creating, producing or delivering the Content of this Website be held responsible by the User or any third party for any indirect, special, incidental or consequential damages of any nature that may arise from access to or use of the Website.

VENTÓS LARIO hereby expressly waives, to the fullest extent allowable by law, any manifestation or guarantee of any sort, implicit or explicit, including guarantees of marketability, suitability for any specific purpose, non-infringement or operations of this Website and its Content and of the products and services offered therein.

Users shall be held responsible by VENTÓS LARIO for any and all damages that may arise from failure to comply with any of the obligations by which Users are bound through these Conditions of use and/or, when applicable, any other terms and conditions established on this Website.

9. Applicable law and Jurisdiction
   These Conditions of use and the use that Users make of this Website shall be governed by the laws of the Kingdom of Spain. If they cannot be resolved through mutual agreement, any issues that may arise with regard to this Website shall be taken up with the Courts of Barcelona according to Spanish law, with all parties expressly waiving any rights to other jurisdictions that may apply.

In any case, the above does not limit the application of any applicable law governing the relationship between VENTÓS LARIO and the User, especially the legal rights of the User as established in Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Consumer and User Protection Act and other complementary laws.

10. Severability
    If any of these Conditions of use were to be found illegal or unenforceable by a firm decision from a competent authority, the rest of the terms and conditions shall remain in force, applying without any effect from said finding, and the voided clause shall be replaced by another similar one in the most appropriate manner.
11. Written communications
    In accordance with applicable law, part of the information or communications that VENTÓS LARIO sends to Users of this Website may be written. By using this Website, Users accept that the majority of said communications with VENTÓS LARIO shall be electronic. Thus, VENTÓS LARIO will contact Users by email or provide information by posting notifications on this Website. To said end, Users consent to use this electronic means of communication and recognise that any notification, information or other communication that VENTÓS LARIO may send electronically complies with all legal requirements for written communications. This condition does not affect the Users’ rights as recognised by law.
12. Use of cookies
    This website uses cookies. Cookies are text files that computers send to the disc drive to help the User’s computer access the selected website more quickly.
    For more information about how cookies are used and how to block them, please read the Cookies policy.