Legal notice - Unlimited Sports Management

LEGAL NOTICE The general conditions outlined below (hereinafter, the “General Conditions”), regulate the access and use of the website located under the domain “www.elmatador.es”, (hereinafter, the “Website”), owned by Ilia Topuria (hereinafter, the “Owner”). Thus, and in compliance with the duty of information contained in the<a href=”http://noticias.juridicas.com/base_datos/admin/l34-2002.html” target=”_blank” rel=”noopener”> Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce</a> below we provide the following information of the owner and responsible for the Website: <ul> <li aria-level=”1″>Owner:XXX</li> <li aria-level=”1″>D.N.I.:XXX</li> <li aria-level=”1″>Address:XXX</li> <li aria-level=”1″>E-mail:XXX</li> </ul> The access to the Web Site and the use of its contents and services attributes the condition of user of the Web Site (hereinafter, the “User”) and entails the full acceptance and without reservations of any type, on the part of the User, of the General Conditions that are published at the time of accessing the User. The aforementioned General Terms and Conditions shall apply regardless of the General Terms and Conditions of Contract that may be mandatory. Therefore, the User is recommended to read carefully the contents of the General Conditions each time he/she uses the Website, as they must comply with all of them. The latest version of the General Terms and Conditions may be consulted at any time at the Web Site’s e-mail address. If the User decides not to accept the General Conditions in force, he/she must refrain from accessing the Website and/or using the contents and/or services available therein. GENERAL TERMS AND CONDITIONS. I.- THE SERVICES The purpose of these General Conditions is to regulate access to and use of the Website. Some services of the Web Site accessible to the Users or exclusively for the Owner’s customers may be subject to particular conditions, regulations and instructions which, if applicable, replace, complete and/or modify these General Conditions and which must be accepted by the User before the corresponding service is rendered. The Website is mainly addressed to Users residing in Spain. The Owner does not assure that the Website complies with the legislation of other countries, either totally or partially. If the User resides or is domiciled in any other place and decides to access and/or use this Web Site, he/she shall do so under his/her own responsibility and risk and shall ensure that such access and/or use complies with the applicable local legislation, and the Owner shall not assume any liability whatsoever that may arise from such access. The Owner reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the services incorporated therein, due to regulatory requirements, technical reasons, changes in the services offered or strategic decisions. In this regard, the User acknowledges and accepts that at any time the Owner may interrupt, deactivate and/or cancel any of the services included in the Website. If the User does not agree with the changes, he/she must stop using the Website and, if applicable, unsubscribe from any registration or distribution list associated with the Website. The use of the Web Site after the changes have been made will imply acceptance of the changes. II.- INTRODUCTION OF LINKS: THIRD PARTY SERVICES AND CONTENT. The Internet User who wishes to introduce links from his own web pages to the Owner’s Web Site must comply with the conditions detailed below, without the ignorance of them avoiding the responsibilities derived from the Law. The link will only link to the “home page” or main page of the Services, but may not reproduce it in any way (online links, copy of texts, graphics, etc.). It shall be prohibited in any case, in accordance with the applicable legislation in force at any time, to establish frames or frames of any kind that surround the Services or allow the display of the contents through Internet addresses other than those of the Services and, in any case, when they are displayed together with content outside the Services in such a way that: (i) produces, or may produce, error, confusion or deception in the Users about the true origin of the Services or contents; (ii) involves an act of unfair comparison or imitation; (iii) serves to take advantage of the reputation of the trademark and prestige of the Owner; or (iv) in any other way is prohibited by the legislation in force. No false, inaccurate or incorrect statement about the Owner, its partners, employees, clients or about the quality of the services it provides shall be made from the page that introduces the link. Under no circumstances shall it be expressed on the page where the link is located that the Owner has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender. The use of any word, graphic or mixed trademark or any other distinctive sign of the Owner within the sender’s page is prohibited except in the cases allowed by law or expressly authorized by the Owner and provided that a direct link to the Services in the manner established in this clause is allowed in these cases. The page that establishes the link must faithfully comply with the law and may not in any case provide or link to its own or third party content that: (I) are unlawful, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.). ); (II) induce or may induce in the User the false conception that the Owner subscribes, endorses, adheres or in any way supports the ideas, manifestations or expressions, licit or illicit, of the sender; (III) are inappropriate or not pertinent to the activity of the Owner in view of the place, contents and subject matter of the sender’s web page. The User also acknowledges that different terms and conditions and privacy policies may apply to the User’s use of such third-party content and services. The Owner does not endorse such third party services and content and in no event shall the Owner be liable for any products or services of such third party providers. Additionally, Apple Inc, Google, Inc, Microsoft Corporation or BlackBerry Limited and/or their corresponding subsidiaries or international affiliates will be third party beneficiaries to this agreement if you access the Services using Apps developed for iOS, Android, Microsoft Windows mobile devices, respectively. These third party beneficiaries are not a party to this agreement and are not responsible for the provision or support of the Services in any way. The User’s access to the Services using these devices is subject to the terms and conditions set forth in the applicable third party beneficiaries’ terms of service. If any User or third party observes that the contents to which this Web Site allows access through links may be contrary to the law, morality or public order, he/she should inform via e-mail: info@elmatador.es. III.- USE OF COOKIES. The Owner uses Cookies when a User browses its Website, since Cookies are small data files that are stored in the terminal of the User visiting the Website and that contain or store certain information about the visit to the Website. Likewise, these Cookies are only associated with an anonymous User and his or her computer and do not provide references that allow the name and surname of the User to be deduced. The Owner’s Cookies cannot read data from your hard drive or read cookie files created by other service providers. To use our Website, it is not necessary for the User to allow the installation of the Cookies sent, however, the non-installation will entail the need for the User to register each time he/she accesses a service that requires prior registration. The User may consult the Owner’s cookie policy for more information. IV.- LEGAL INFORMATION ON THE COLLECTION OF PERSONAL INFORMATION The processing of personal data that may be carried out from the Website is determined by the provisions of the Privacy Policy document. V.- OBLIGATION TO MAKE PROPER USE OF THE WEBSITE AND CONTENTS All contents included in this Web Site are provided for information purposes only, so that in no case may serve as a basis for appeals or claims or constitute a source of rights. The User agrees to the correct use of the Website and utilities that are provided in accordance with the law, this legal document, and the instructions and warnings that are communicated to him/her. The User agrees to the exclusive use of the Website, and all its contents, for lawful and non-prohibited purposes, which do not infringe the law in force and/or may be harmful to the legitimate rights of the Owner or any third party, and/or may cause any damage or harm directly or indirectly. To this effect, the User shall refrain from using any of the contents of the Website for illicit purposes or effects, prohibited in this legal document, harmful to the rights and interests of third parties or that, in any way, may damage, disable, overload, deteriorate or impede the normal use of the Website. In particular, and by way of example only and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: <ul> <li aria-level=”1″>in any way, is contrary to, undermines or infringes the fundamental rights and public freedoms recognized constitutionally, in international treaties and in other legislation;</li> </ul> <ul> <li aria-level=”1″>induces, incites or promotes criminal, denigratory, defamatory, libelous, violent or, in general, contrary to law, morality and generally accepted good customs or public order;</li> </ul> <ul> <li aria-level=”1″>induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;</li> <li>. </ul> <ul> <li aria-level=”1″>incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order;</li> </ul> <ul> <li aria-level=”1″>is false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way that it induces or may induce to error about its object or about the intentions or purposes of the communicator;</li> </ul> <ul> <li aria-level=”1″>is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to carry out the use that he/she makes or intends to make;</li>. </ul> <ul> <li aria-level=”1″>violates the business secrets of third parties;</li> </ul> <ul> <li aria-level=”1″>is contrary to the right to honor, to personal and family intimacy or to one’s own image;</li> </ul> <ul> <li aria-level=”1″>in any way, undermines the credit of the Owner. </ul> <ul> <li aria-level=”1″>infringes the regulations on the secrecy of communications;</li> </ul> <ul> <li aria-level=”1″>constitutes, as the case may be, unlawful, misleading or unfair advertising and, in general, unfair competition;</li> <li>. </ul> <ul> <li aria-level=”1″>incorporates viruses or other physical or electronic elements that may damage or impede the normal operation of the network, the system or computer equipment (hardware and software) of the Owner or third parties or that may damage the electronic documents and files stored in said computer equipment;</li> </ul> <ul> <li aria-level=”1″>provoke by its characteristics (such as format, extension, etc.) difficulties in the normal operation of the Service. </ul> Likewise, the User agrees to refrain from: <ul> <li aria-level=”1″>reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents of the Website, unless authorized by the owner of the corresponding rights or it is legally permitted;</li> </ul> <ul> <li aria-level=”1″>delete, manipulate or in any way alter the copyright and other data identifying the reservation of rights of the Owner;</li> <li>. </ul> <ul> <li aria-level=”1″>attempt to obtain the contents of the Website by using means or procedures other than those which, as the case may be, have been made available for this purpose or have been indicated for this purpose on the Website or, in general, those commonly used on the Internet for this purpose provided that they do not involve a risk of damage or disablement of the Website and/or the Services. </ul> The User shall be liable for damages of any nature that the Owner may suffer, directly or indirectly, as a consequence of the breach of any of the obligations derived from the General Conditions or the law in relation to the use of the Website. <h2>VI.- REGISTRATION</h2>. The Owner may require for the access to certain contents of the Web Site and/or Services the sending of a registration form. The User, in such case, must provide the requested information. In connection with the registration process, the User agrees to: <ul> <li aria-level=”1″>provide true, accurate and complete information about your identity</li> and</li> <li aria-level=”1″>update the registration data to ensure that it remains true, accurate and complete. </ul> Registration and participation in the Web Site is limited to persons over 18 years of age. Minors under that age must have the legal consent of their parents or guardians, who will be held responsible for the acts carried out by the minors in their care, in accordance with current legislation. The User may not choose as user name or password words and/or expressions which, in general, are contrary to the law or to the requirements of morality and generally accepted good customs and, in general, words and/or expressions on which there is any right that excludes the use of the same by the User. To this end, the User may not select words or expressions that are offensive, insulting, slanderous, identical, similar or in any way coincide with distinctive signs, company names, as well as names, surnames, artistic names and/or pseudonyms of third parties. If the User were to provide any false, inaccurate or incomplete information, or if the Owner had sufficient reasons to suspect that such information were false, inaccurate or incomplete, or were contrary to the law or to the requirements of morality and generally accepted good customs, in accordance with the provisions of the preceding paragraph, the Owner shall be entitled to cancel the registration and deny the access and use, present or future, of the Web Site or of any of the contents and/or Services incorporated therein. The User agrees to make diligent use of his or her user name and password, as well as to keep both secret. It will be the sole responsibility of the user to maintain the confidentiality of your username and password, assuming personally any activities that are performed or that take place through the use of the same. The User may cancel and deactivate his/her registration at any time by using his/her user name and password. The User acknowledges and agrees that the Owner reserves the right to cancel inactive registrations for an unreasonable period of time. <h2>VII.- INTELLECTUAL AND INDUSTRIAL PROPERTY</h2>. All the contents of the Web Site, understanding by these merely by way of example the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes, are intellectual property of the Owner or third parties, without any of the exploitation rights recognized by the current regulations on intellectual property on the same, except those that are strictly necessary for the use of the Web Site, being understood to be transferred to the User. The trademarks, trade names or distinctive signs are owned by the Owner or third parties, without it being understood that access to the Website attributes any right over the aforementioned trademarks, trade names and/or distinctive signs. VIII.- EXCLUSION OF LIABILITY . The User accepts that the Owner assumes no responsibility for the delay, deletion, erroneous delivery, or failure to save User communications or personal settings. The Owner is not responsible either for the decisions taken based on the information provided in the Web Site or for the damages caused to the User or third parties as a result of actions whose only basis is the information obtained in the Web Site. Unless the Law expressly determines otherwise, or express indication to the contrary, the User expressly acknowledges and accepts that the Owner does not grant any warranty of any nature, either express or implied on the Web Site and the Services incorporated therein, including, but not limited to: <ul> <li aria-level=”1″>The interruption of the operation or unavailability of access to the Website. <li aria-level=”1″>Privacy and security in the use of the Website by the User, and/or non-consensual access by unauthorized third parties. <li aria-level=”1″>The possible transmission of elements that negatively affect computer systems. <li aria-level=”1″>The accuracy, completeness and timely updating of the contents of its Web Site. <li aria-level=”1″>The Owner expressly disclaims any liability for error or omission in the information contained in the pages of this Web Site, as well as for the lack of truthfulness, accuracy, completeness, relevance and/or timeliness of the contents. <li aria-level=”1″>The unauthorized access and alteration of the data stored and transmitted through the Web Site or the services offered thereon. <li aria-level=”1″>The absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system. </ul> The service of access to the Website includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, the “Linked Sites”). In these cases, the Owner acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, of July 12, 2002, on Information Society Services and Electronic Commerce (“LSSI”) and shall only be liable for the contents and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content may notify the Owner in accordance with the procedure and the established effects, without in any case this communication entails the obligation to remove the corresponding link. In no case, the existence of Linked Sites must presuppose the existence of agreements with the responsible or owners thereof, nor the recommendation, promotion or identification of the Owner with the manifestations, contents or services provided. The Owner does not know the contents and services of the Linked Sites and therefore is not liable for the damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage not directly attributable to the Owner. Notwithstanding the foregoing, the Owner shall not be liable for any delays or failures that may occur in the access, functioning and operation of the Website, its contents and/or Services, nor for any interruptions, suspensions or malfunctioning of the same, when caused by failures due to natural disasters such as earthquakes, floods, lightning or fires, force majeure situations, situations of extreme urgency such as wars, military operations, civil unrest, strikes, lockouts or any other situation of force majeure or fortuitous cause. IX.- VALIDITY OF THE GENERAL CONDITIONS AND THEIR MODIFICATION. The legal relationship derived from the access and use of the Web Site, as well as the contents and Services incorporated therein, has an indefinite duration. Likewise, any of the parties may terminate or suspend this contractual relationship unilaterally at any time and without any cause other than their will to do so. The General Conditions contained in this Legal Notice are those in force as of the date of its last update, and may be modified by the Owner at any time and without prior notice, in which case the new ones will come into force as of that date and will be applicable to all Users. IX.- LEGISLATION AND LAW . The General Conditions shall be governed and interpreted by the Spanish law in force. Unless otherwise provided by law, for the interpretation or execution of the provisions contained in the General Conditions, the parties submit to the Courts and Tribunals of the city of Madrid (Spain), expressly waiving any other jurisdiction that may correspond to them. In the event that any of the clauses of these General Conditions should be declared null and void, the remaining clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of the clauses.