I. INFORMATION ABOUT THE INFORMATION SOCIETY SERVICE PROVIDER
The Internet Website vurcon.com is owned and managed by FERROTALL, MÁQUINA-HERRAMIENTA SL, whose details for the purpose of complying with the obligations set out in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (“LSSI”), are as follows:
Company name: FERROTALL, MÁQUINA-HERRAMIENTA SL
Registered office: C/ Nicolás de Bussi, 44, 03203 Elche (Alicante) Spain
Registered in the Commercial Registry of Alicante, Volume 2938, Folio 77 and Sheet A-92532
Tax Identification Code number: B-54013032
Email address: comunicacion@ferrotall.com
II. GENERAL TERMS AND CONDITIONS OF ACCESS TO AND USE OF OUR WEBSITE.
These are the general conditions (hereinafter “general conditions”) that govern access to, browsing and use of the website under the domain “vurcon.com” (hereinafter, Website), as well as the responsibilities arising from the use of its contents (hereinafter “contents” being understood as the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property). Independently of these, FERROTALL, MÁQUINA-HERRAMIENTA SL may establish specific conditions governing the use and/or contracting of specific services offered to Users through the Website.
1.- User
Using this Website gives you the status of user of the Website and expresses your full and unreserved acceptance of each and every one of the General Conditions published by FERROTALL, MÁQUINA-HERRAMIENTA SL, at the very moment you access the Website, without prejudice to the acceptance of any specific conditions that may apply. Any use other than that authorized is expressly prohibited, and FERROTALL, MÁQUINA-HERRAMIENTA SL is entitled to deny or withdraw access to and use of the Website, at any time and without prior notice, to users who fail to comply with these general conditions or any specific conditions that may apply.
2.- Changes
FERROTALL, MÁQUINA-HERRAMIENTA SL reserves the right to modify, unilaterally, at any time and without prior notice, these conditions, as well as the presentation, location and configuration of the Website. In such cases, they will be published and notified as far in advance as possible.
3.- Information offered through the Website: access and use.
3.1.- Through this Website, FERROTALL, MÁQUINA-HERRAMIENTA SL provides information about the company and its services. The data contained on the Website are provided to the User for information purposes only and may in no case be considered a binding offer by FERROTALL, MÁQUINA-HERRAMIENTA SL to provide any service.
3.2.- Access to, browsing and use of the Website are the User's responsibility, and the User therefore undertakes to diligently observe any additional instructions given by FERROTALL, MÁQUINA-HERRAMIENTA SL regarding the use of the Website and its contents. We also ask you to inform FERROTALL, MÁQUINA-HERRAMIENTA SL of any fact you become aware of that constitutes unlawful conduct or infringes the rights of any third party.
3.3.- Access to and use of the Website are free of charge for Users and do not require prior registration. However, access to and use of certain information and services offered through the Website may in certain cases only be possible after the user has registered.
3.4.- When the User needs to register or provide personal data in order to access any of the services, the collection and processing of Users' personal data will be governed by the provisions of the Privacy Policy published on the Website.
3.5.- If, in order to use and/or contract a service on the Website, the User must register, the User will be responsible for providing truthful and lawful information. If, as a result of registration, the User is given a password, the User undertakes to use it diligently and to keep the password for accessing these services secret. Consequently, Users are responsible for the proper safekeeping and confidentiality of any identifiers and/or passwords supplied to them by FERROTALL, MÁQUINA-HERRAMIENTA SL, and undertake not to transfer their use to third parties, whether temporarily or permanently, or to allow access to them by outside persons. The User will be responsible for the use of the services by any illegitimate third party who uses a password for that purpose as a result of non-diligent use or loss of the password by the User. The User is obliged to notify FERROTALL, MÁQUINA-HERRAMIENTA SL immediately of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss or unauthorized access to them, so that they can be canceled immediately. Until such facts are reported, FERROTALL, MÁQUINA-HERRAMIENTA SL will be exempt from any liability that may arise from the improper use of the identifiers or passwords by unauthorized third parties.
3.6.- FERROTALL, MÁQUINA-HERRAMIENTA SL reserves the right to restrict, suspend, prohibit or cancel at any time access to and/or use of all or part of the Website, for all or certain users, without prior notice. In particular, FERROTALL, MÁQUINA-HERRAMIENTA SL may temporarily suspend the services and contents of the Website to carry out maintenance operations or improvements. The User declares to be aware of and accept this fact and, consequently, waives any claim against FERROTALL, MÁQUINA-HERRAMIENTA SL for any damage or loss that may be caused for this reason.
3.7.- Users who wish to establish a hyperlink or link between their website and the Website (the “Link”) must obtain prior authorization from FERROTALL, MÁQUINA-HERRAMIENTA SL by submitting a request to the following email address comunicacion@ferrotall.com Any third-party link to this Website must point to its home page. The User will be liable to FERROTALL, MÁQUINA-HERRAMIENTA SL or to third parties for any damage or loss that may be caused as a result of failure to comply with these obligations.
4.- Restrictions on use
4.1.- The User undertakes to use the contents diligently, correctly and lawfully
4.2.- The User undertakes to use the information or data, of any nature and format, and/or any of the services that may be offered on the Website at any given time (the “Contents”) as follows:
a) The User is not authorized to reproduce or copy, distribute, modify, transfer or publicly communicate the information contained on the Website, unless authorized by the holder of the corresponding rights or legally permitted.
b) The User is not authorized to use the information contained on the Website for direct sales or for any other type of commercial purpose.
c) The User is not authorized to delete, circumvent or manipulate the identifying data of the rights of FERROTALL, MÁQUINA-HERRAMIENTA SL, or the technical protection devices such as, for example, digital fingerprints.
d) The User is not authorized to disassemble, decompile or reverse engineer the databases in which the Website's information is stored.
e) The User is not authorized, as a result of using the Website, to carry out “spamming” for any purpose to a plurality of persons without their prior request or consent, or to send any other unsolicited or non-consented messages to a plurality of persons or chains of unsolicited or non-consented electronic messages, or to use distribution lists that may be accessed through the Website.
f) The User may not carry out activities that may be considered illegal, immoral or contrary to public order.
g) The User will not use the Contents or services included on the Website to carry out activities that may harm the image of FERROTALL, MÁQUINA-HERRAMIENTA SL.
5.- Industrial and Intellectual Property Rights. Ownership of the contents.
5.1.- The creations and works offered on the Website (among others, the following protected elements: texts, photographs, graphics, images, icons, technology, computer programs, web pages, links, sound and audiovisual content, their graphic design and source codes, as well as any trademarks, domain names and other distinctive signs and, in general, any type of work, creation or expression – or a combination of these – included on the Website or used to identify it or parts of it) are subject to intellectual and/or industrial property rights held by FERROTALL, MÁQUINA-HERRAMIENTA SL. That company has the exclusive right to exercise the exploitation rights of said intellectual property, in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. FERROTALL, MÁQUINA-HERRAMIENTA SL does not assign, in whole or in part, nor grant any license or authorization over these rights to the users of the Website.
5.2.- Likewise, FERROTALL, MÁQUINA-HERRAMIENTA SL guarantees that the contents, including those of intellectual property, are not unlawful and do not infringe current regulations. FERROTALL, MÁQUINA-HERRAMIENTA SL will adopt the legal measures it considers appropriate to prevent any type of conduct contrary to the Law or to morality.
5.3.- By means of these Terms and Conditions, FERROTALL, MÁQUINA-HERRAMIENTA SL only authorizes the User to view, download and print the Protected Elements owned by FERROTALL, MÁQUINA-HERRAMIENTA SL, provided that the User uses them exclusively for personal purposes, undertaking not to carry out, directly or indirectly, any commercial exploitation of them or to use them for any purpose not expressly provided for in these Terms and Conditions.
5.4.- The User's use of Protected Elements owned by third parties will be subject to any conditions that such third parties may establish, which the User undertakes to know.
5.5.- Any breach of the provisions of this section will be considered an infringement of the intellectual property rights owned by FERROTALL, MÁQUINA-HERRAMIENTA SL, giving rise to the liabilities legally established for this purpose, and such conduct may be prosecuted through the administrative, civil or criminal actions that may apply.
6.- Lawfulness and accuracy of the Contents included on the Website
FERROTALL, MÁQUINA-HERRAMIENTA SL does not guarantee and is not responsible for any inaccuracy and/or lack of correctness and/or lack of updating of the contents of the Website. The liability of FERROTALL, MÁQUINA-HERRAMIENTA SL with respect to the content and information offered by Internet sites to which hyperlinks included on the Website lead, as well as Contents from or originating from third parties hosted on the Website, will be governed by the provisions of articles 16 and 17 of the Information Society Services Law, Law 34/2002. FERROTALL, MÁQUINA-HERRAMIENTA SL is not responsible for and does not guarantee that access to the Contents and other parts of the Website is legal from outside Spain. Access to the Website from a country other than Spain must be carried out in accordance with the rules applicable in the territory from which the User accesses the Website.
7.- Exclusion of warranties and liability
7.1.- FERROTALL, MÁQUINA-HERRAMIENTA SL will only be liable for its own services and for contents directly originated by it and duly identified as industrial and intellectual property of FERROTALL, MÁQUINA-HERRAMIENTA SL.
7.2.- FERROTALL, MÁQUINA-HERRAMIENTA SL will not be liable for:
7.2.1.- Damage or loss that may arise from the provision or offer of products or services by third parties or entities through the Website, and in particular those arising from:
a. Breach of the law, morality and public order, or the use of the products and/or services offered in a non-diligent or incorrect manner, or for purposes or with effects that are unlawful or contrary to the provisions of these General Conditions or any conditions that may apply.
b. Infringement of industrial and intellectual property rights or of business or professional secrecy. Acts of unfair competition or unlawful advertising.
c. Infringement of the rights to honor, personal and family privacy and personal image, and those relating to the protection of children and young people. Acts of a pornographic nature.
d. The unlawfulness or lack of truthfulness, accuracy, reliability, relevance, timeliness and completeness of the contents and information transmitted or made available to users, including information and services provided by third parties or by users through the Website.
e. Non-performance, defective performance or termination for any reason of contracts entered into with third parties in connection with the provision of services through the Website.
f. The incapacity of any User or the impersonation of a third party by the User.
7.2.2.- Damage to honor, privacy or any other damage, or insults or offenses caused to a User as a result of information included on the Website by any other User since, in accordance with the Terms and Conditions, users of the Website are obliged not to enter information that may be considered illegal, immoral or contrary to public order.
7.2.3.- Damage or loss that may arise from unauthorized third parties gaining knowledge of the type, conditions, characteristics and circumstances of the access and use that Users make of the Website and of the information and services, as well as from Users' failure to comply with their obligations regarding personal data.
7.2.4.- Damage or loss of any kind that may be due to errors in access to or use of the Website or its services or content, although it undertakes to avoid them by updating or correcting said content.
7.2.5.- Damage or loss of any kind that may be due to the information contained in the links that appear on its Website.
7.2.6.- Damage or loss of any kind that may be due to the presence of viruses in Users' computer systems, electronic documents or files. Likewise, for the presence of viruses in the services provided by third parties through the Website.
7.2.7.- Loss of business, profits or data resulting directly, indirectly, secondarily or consequentially from Users' access to or use of the Website.
7.3.- The User releases FERROTALL, MÁQUINA-HERRAMIENTA SL from any liability that may arise as a result of failure to comply with the provisions of these Terms and Conditions, in particular but without limitation, the Restrictions on Use of the Website set out therein.
8.- General provisions
The headings of the different clauses are for information only and shall not affect, qualify or extend the interpretation of the General Conditions. In the event of any discrepancy between these General Conditions and the specific conditions of each specific service, the latter shall prevail. If any provision of these General Conditions is held to be null or unenforceable, in whole or in part, by any competent Court or administrative body, such nullity or unenforceability shall not affect the other provisions of the General Conditions or the specific conditions of the various services of FERROTALL, MÁQUINA-HERRAMIENTA SL. Failure by FERROTALL, MÁQUINA-HERRAMIENTA SL to exercise or enforce any right or provision contained in these General Conditions shall not constitute a waiver thereof, unless acknowledged and agreed in writing by it.
9.- Applicable law and jurisdiction
The provision of the Website service and these General Conditions of Use of the Website are governed by Spanish law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts and Tribunals of the city of Elche.