OSBORNE DISTRIBUIDORA, S.A.U. (hereinafter, “OSBORNE”), a company of Spanish nationality, with C.I.F. A-28318871 and registered office at calle Salvatierra, 6, 28034 Madrid, registered in the Mercantile Registry of Cádiz, Volume 4051, folio 114, Page M-67447, informs of the general conditions (hereinafter, the “General Conditions”) that regulate the use of the Internet Web Site service (hereinafter, the “Web Site”) that OSBORNE makes freely available to Internet users.
1 – GENERAL CONDITIONS AND ITS ACCEPTANCE
The use of our Web Site attributes the condition of user of the same (hereinafter, the “User”) and expresses the full and unreserved acceptance of the User of each and every one of the General Conditions in the version published by OSBORNE at the time same in which the User accesses our Web Site. Consequently, the User must carefully read the General Conditions each time they intend to use our Web Site.
Likewise, the use of the Service is also subject to all the notices, regulations of use and instructions made known to the User by OSBORNE that complete the provisions of these General Conditions insofar as they do not oppose them.
OSBORNE reserves the right to deny or withdraw access to its Web Site, at any time and without prior notice to those Users who fail to comply with these General Conditions or the Particular Conditions that may be applicable.
2 – CONDITIONS OF ACCESS TO THE WEBSITE
The user assumes responsibility for the use of the portal. Said responsibility extends to the registration that is necessary to access certain services or content; To this end, in said registry the user will be responsible for providing truthful and lawful information. As a consequence of this registration, the user may be provided with a password for which they will be responsible, committing to make diligent and confidential use of it.
3 – STATEMENTS AND USE RELATED TO THE WEBSITE
3.1. – OSBORNE statements and limitation of liability
OSBORNE is not liable for computer or other damages that may be caused to the visiting user by accessing the contents of this site, such as, for example, by way of example: errors or omissions in the contents, lack of availability of the portal and continuity of the operation of the web site and / or its services, or the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the necessary technological measures to avoid it. Notwithstanding this, and when reasonably possible, OSBORNE will give prior notice of interruptions in the operation of our Web Site and the Services.
OSBORNE does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations in the computer system, in the electronic documents or in the files of the user of this website. Consequently, our organization is not responsible for the damages that such elements may cause to the user or to third parties.
3.2. – User commitment
The User undertakes to use the Web Site in a diligent, correct and lawful manner and, in particular, undertakes to make appropriate use of the content and services that OSBORNE offers through its portal and, by way of example but not limitation, not to use them for the following actions:
- Delete, evade or manipulate the “copyright”, trademarks and other data identifying the rights of OSBORNE or its owners incorporated into the content and / or products marketed from our Web Site, as well as technical protection devices, fingerprints or any information mechanisms that may contain them.
- Use the contents and, in particular, the information of any kind obtained through our Web Site to send advertising, communications for direct sales purposes or for any other kind of commercial purpose, unsolicited messages addressed to a plurality of people.
- Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
- In general, use the contents in a way, for purposes or effects contrary to the law, morality and generally accepted good customs or public order. Specifically, engaging in activities that include, but are not limited to, the dissemination of content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or violating human rights, that violate respect for dignity. of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or that, in his opinion, are not suitable for publication.
- Causing damage to the physical and logical systems of OSBORNE of its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
- Try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.
OSBORNE will not be responsible for the opinions expressed by users through the participation channels that, where appropriate, are established, reserving the right to withdraw all those comments and contributions that are not suitable for publication in accordance with the above considerations.
OSBORNE reserves the right to deny or withdraw access to the portal and / or the services offered without prior notice, at its own request or from a third party, to those users who fail to comply with these general conditions of use.
OSBORNE will exercise the actions that may correspond to it in Law derived from the breach of these conditions as well as any improper use of its portal.
3.3. – Use of website content from the perspective of intellectual property
OSBORNE is the company that owns this website. Likewise, and unless expressly stated otherwise, the ownership of all the intellectual and industrial property rights of the contents of this website correspond to OSBORNE, contents that include, but are not limited to, databases, brands, labels, logos, images, drawings, graphics, texts, drawings, photographs, distinctive signs, html code, audio, video, musical creations, sounds, image and software) and, in general, all creations expressed by any medium or medium, tangible or intangible, currently known or that will be invented in the future, being protected by national and international intellectual and industrial property regulations, among others.
Therefore, its content may not be subject to any manipulation (modification, copy, alteration, reproduction, transmission, adaptation, translation or any other manipulation) by the user or third parties, either totally or partially, without the express authorization by OSBORNE.
The provision of the services and publication of the contents through the site will not imply in any case the transfer, resignation or transmission, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights.
No part of this website may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any system of retrieval and storage of information) through any medium currently known or invented in the future.
OSBORNE does not grant any license or authorization of use of any kind on its industrial and intellectual property rights or on any other property or right related to the Web Site.
The user may not make a use or use of the services and content on the page that is not exclusively personal, except for the exceptions determined in these particular conditions that, where appropriate, OSBORNE, has established to regulate the use of a certain service and / or content offered through the website.
If the guilty or negligent action or omission directly or indirectly attributable to the user of the website that causes the infringement of the intellectual and industrial property rights of OSBORNE, whether or not there is benefit for it, would cause OSBORNE damages, losses, joint obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, be it civil, criminal or administrative, OSBORNE will have the right to address the user by all legal means at its scope and claim any compensation amounts, including, but not limited to, moral and image damage, consequential damage and loss of profit, advertising costs or of any other nature that may result for its repair, amounts of sanctions or convictions, the of default interest, the cost of financing both amounts that could result ltar for the opposing party, the legal costs and the amount of the defense in any process in which it could be sued for the causes previously exposed, for the damages caused by reason of its action or omission, without prejudice to exercising any other actions that correspond to it by law.
3.4. Procedure in case of violation of intellectual property rights
In the event that any User or a third party considers that any of the content has been entered on the Web Site in violation of their intellectual property rights, they must send a notification to OSBORNE with complete and precise indication of their data and the rights of Intellectual property allegedly infringed as well as the Web Site.
3.5. Permissiveness of links and hyperlinks and limitation of liability with third-party websites
OSBORNE will not be responsible, directly or indirectly, for the links, such as links, banners or buttons, that allow, through the Web Site, the user to access web sites, features and services offered by third parties that do not belong to or are not under control. OSBORNE, and will not be responsible for the information contained therein or for any effects that may arise from said information.
4 – PROTECTION OF PERSONAL DATA
In compliance with the provisions of the General Data Protection Regulation 2016/679, of the European Parliament and of the Council, of April 27, 2016, OSBORNE informs you that the personal data duly provided by you will be collected in files that are responsibility of OSBORNE. Additional information on the processing of your personal data can be accessed at the following hyperlink.
5 – APPLICABLE LAW AND JURISDICTION.
This website has been created in accordance with the law and the existing codes of advertising practice in Spain, therefore Spanish law is applicable.
OSBORNE and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of the city of Madrid for any controversy that may arise from the provision of the services that are the object of these General Conditions.