1 IDENTIFICATION
Accessing, browsing and using the vicentejosesantiago.com website (hereinafter the “Website”) implies the express and unreserved acceptance of all the terms of the present Conditions of Use, having the same validity and effectiveness as any written and signed contract.
Its observance and compliance will be enforceable against any person accessing, browsing or using the Web Site. If you do not agree to the terms set forth, do not access, browse or use the Website.
- Company Name: Vicente Santiago Music
- KVK: 64541509
- Registered office: Watergeusstraat 47A02 Rotterdam (Nederland)
- Email: vicentej2s@gmail.com
2 OBJECT
These Conditions of Use regulate access, navigation and use of this Website, without prejudice to the fact that the provider reserves the right to modify the presentation, configuration and content of the same, as well as the conditions required for access and/or use. The access and use of the contents of the Website after the entry into force of its modifications or changes imply the acceptance of them.
However, access to certain content and the use of certain services may be subject to certain specific conditions, which will in any case be clearly displayed and must be expressly accepted by users. These particular conditions may replace, complete or, where appropriate, modify these Terms of Use.
The provider reserves the right to modify the terms and conditions stipulated here, in whole or in part, by publishing any changes in the same way as these Conditions of Use appear or through any type of communication addressed to users.
Similarly, we inform users about their rights and obligations in relation to the content displayed through the Website, logos and trademarks used, as well as the responsibilities that may arise from the use of the service.
For the purposes of interpretation of these Terms of Use, we understand that a person becomes a user at the time it accepts the Terms of Use and Privacy Policy set out in the Website, just visit it.
3 ACCESS AND REGISTRATION
Access to the contents of the Website is completely free, without prejudice to the fact that there may be sections or particular services that require the payment of some economic amount for their use and enjoyment, of which the user will be duly informed, and which he will have to expressly accept in order to enjoy them.
In the case of not having a user name and password to access the Website, the user may register or subscribe to our site, where he or she must enter all his or her real and true data, as this is the only way we will be able to process any orders that may be placed in the future, as well as to correctly manage the commercial relationship with the user.
Access to the Website by minors is prohibited. However, in case of access to the Website and registration by a minor, it will be presumed that access has been made with prior and express authorization of their parents, guardians or legal representatives, without prejudice to the fact that the provider reserves the right to make as many checks as it deems appropriate.
Access and navigation on the Website does not require registration, although to make any purchase or to receive advertising, information and periodic offers of our promotional campaigns and our products, it will be necessary to fill out the web forms provided for this purpose. Registration on the Website is, unless otherwise indicated, free of charge.
Under no circumstances will the provider be responsible for the veracity of the registration data provided by users, so that each of them will be solely responsible for the possible consequences, errors and failures that may arise from the lack of quality of data.
3.1. REQUIREMENTS TO REGISTER AS A USER
It is an essential requirement to register as a user to be over eighteen (18) years old and provide all required data and catalogued as mandatory.
Likewise, the registered user assumes that the user account is personal and non-transferable, and both individuals and legal entities, whether they are corporations or other types of entities, may register on the Website.
The password, personal and non-transferable, must be generated by the user according to the rules of robustness and complexity that are established at all times by the provider. The password created by the user will have unlimited temporary validity.
If the user selects a password that does not comply with the minimum requirements according to the approved password policy in force at the provider, the user will be notified of this non-compliance and of the conditions that said password must meet in order to be valid when the interested party registers as a user of the provider.
However, the lender has the necessary features for the user, previously notifying the lender, can change your password when it deems appropriate, for example, because it suspects or constant that has been the breach of confidentiality of the password.
The password shall be personal and non-transferable. You agree to make diligent use of your password and to keep it secret, not passing it on to any third party or to the Lender. Consequently, users are responsible for the proper custody and confidentiality of any identifiers and / or passwords that they have selected as registered users of the provider, and agree not to transfer its use to third parties, either temporarily or permanently, or allow access to others. The user will be responsible for the illicit use of the Website by any illegitimate third party, who uses a password for this purpose because of a non diligent use or loss of the same by the User.
By virtue of the above, it is the user’s obligation to immediately notify the provider of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. Until such facts are reported, the lender will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
Finally, the lender informs you that for the proper implementation of a purchase will require certain data for processing it, such as the address of the buyer, the real data, contact phone number, and means of payment.
3.2. CANCELLATION AS A REGISTERED USER
The user may, at any time, request to be removed from the Website, simply by writing to vicentej2s@gmail.com. indicating your user name and the specific service you wish to remove. Or by unsubscribing from the mailing list by clicking on unsubscribe
In any case, once the cancellation has been made, the user may request a new registration, except for the provider’s right not to admit said registration in the specific cases specified in the clause called “Rules for the Use of the Website” or in the event of conflict or controversy between the parties, which has yet to be resolved or which has ended with an acknowledgement of the user’s fault or negligence and/or damage to the provider, its collaborators and associates or its users, clients or potential clients.
4 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The provider is the owner or, where appropriate, has the appropriate licenses on the rights of exploitation of intellectual property of the Website, as well as all content offered on it, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and services available through it.
Under no circumstances shall it be understood that access, navigation and use of the Website by the user or the use, acquisition and/or contracting of products or services offered through the same implies a waiver, transmission, license or total or partial assignment of such rights by the provider. The user has the right to use the content and/or services of the Website within a strictly domestic environment and solely for the purpose of enjoying the benefits of the service in accordance with these Terms of Use.
References to registered trademarks or trade names, or other distinctive signs, whether owned by the provider or by third parties, carry an implicit prohibition on their use without the consent of the provider or its legitimate owners. At no time, unless expressly stated otherwise, access, navigation or use of the Website and / or its contents gives the user any right to distinctive signs included in it.
All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for public or commercial purposes, unless prior, express and written authorization has been obtained from the provider or, where applicable, from the owner of the corresponding rights.
Also, it is prohibited to remove or manipulate the indications of copyright or other credits that identify the rights holders of the contents that the user finds on the Website, as well as the technical protection devices, fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.
In the event that the user sends information of any kind to the provider through any of the channels enabled for this purpose, the user declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The user acknowledges assuming responsibility, leaving the provider unharmed by any communication provided personally or in his name, reaching such responsibility without restriction the accuracy, legality, originality and ownership of it.
If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or that could constitute an infringement of intellectual and/or industrial property rights, he must immediately notify the provider by sending an email to vicentej2s@gmail.com so that the provider can take the appropriate measures.
Similarly, in the event that any user or third party considers that any of the contents of the Website owned by the provider violates its intellectual property rights and / or industrial, as well as any other rights, must send a communication to vicentej2s@gmail.com with the following information:
- Identification data and means of contact of the claimant or his legal representative.
- Documentation accrediting your status as owner of the rights allegedly infringed.
- Detailed account of the rights allegedly infringed by the provider, as well as their exact location within the Website.
- Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the allegedly infringed rights.
5 LINKS
5.1. LINKS TO OTHER WEBSITES
In the event that the Website displays links to other websites through different buttons, links, banners or embedded content, the provider informs that these are directly managed by third parties, and the provider does not have the human or technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links can be established from the Website.
Consequently, the provider cannot assume any type of responsibility for any aspect related to the platform or website to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if users have effective knowledge that the activities carried out through these third party websites are illegal or contravene morality and/or public order, they must immediately notify the provider in order to proceed to disable the access link to them, an action that will be carried out in the shortest time possible.
In any case, the establishment of any kind of link from the Website to another website does not imply that there is any relationship, collaboration or dependence between the provider and the person responsible for that website.
5.2. LINKS TO THE PROVIDER’S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS
The provider makes available to users, through different tools and applications, link media that allow users to access the channels and pages of the Website that the provider maintains in different platforms and social networks belonging to and / or managed by third parties (eg Facebook, Twitter, Pinterest, Google +, etc.). The inclusion of these links on the Website is solely for the purpose of facilitating users’ access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between the provider and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by the provider of its content and / or services, being the owner, manufacturer or distributor solely responsible for them.
In no case does the provider share with Facebook, Twitter or any other social network that may be incorporated in the future any private information about its users, its only purpose being that established in these Terms of Use, as well as in the Privacy Policy of the Website. In this sense, all the information that the user wishes to provide to these platforms will be under his own responsibility, and the provider will not intervene in this process.
The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and beyond the control of the provider. By accessing these external networks, the user enters an environment not controlled by the provider, so the provider will not assume any responsibility for the security configuration of such environments.
Given that the provider has no control over the content hosted on such channels, the user acknowledges and accepts that the provider does not assume any responsibility for the content or services that the user may access on such pages, or for any content, products, services, advertising, or any other material available on them. For this reason, the user must be extremely careful when evaluating and using the information, content and services existing in the linked channels, and about the information of his/her own or of third parties that he/she wants to share in those channels.
5.3. LINKS ON OTHER WEBSITES TO THE WEBSITE
The provider does not authorize the establishment of a link to the Website from those pages that contain material, information or content that is illicit, illegal, degrading, obscene and, in general, that contravenes the law, morality or public order, or generally accepted social norms.
In any case, users may establish links in their respective web pages that lead to the Website, provided that they comply with the following conditions a) the link may not reproduce the content of the Website or parts of it in any way; b) it is not permitted to create a browser or border environment on the sections of the Website, nor may the Website be modified in any other way; c) it is not permitted to make false or inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that the provider has authorized the link or has supervised or assumed in any way the content or services offered or made available on the web page where the link is established; d) the web page in which the link to the Website is established shall not contain information or content that is illicit, contrary to generally accepted morality and good customs and public order, nor shall it contain content that is contrary to any rights of third parties, including intellectual and industrial property rights and/or the right to honour, personal or family privacy or one’s own image or any other right, or content that is contrary to the regulations governing the protection of personal data.
The provider has no power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website. The provider does not assume any kind of responsibility for any aspect related to the website that establishes such a link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of their products and services, their own links and / or any of its contents, in general.
6 RULES OF USE OF THE WEBSITE
It is not allowed and, therefore, its consequences will be the sole responsibility of the user, access or use of the Website for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following list being absolute, it is prohibited:
1) Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party;
2) Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
3) Use the Website to collect personal data from other users;
4) Use the Website in an illegal manner, against good faith, morals and public order;
5) Register through the Website under a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users about the identity of the origin of a message;
6) Unauthorized access to any section of the Website, to other systems or networks connected to the Website, to any server of the provider, or to the services offered through the Website, by means of hacking or falsification, extraction of passwords or any other illegitimate means;
7) Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website;
8) Carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the provider, as well as in the systems and networks connected to the Website; or
9) Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its features, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of the same, or by falsifying the result of the same and/or using fraudulent methods of participation, by means of any procedure, and/or through any practice that attempts or violates in any way these Terms of Use.
Failure to comply with any of the above obligations by the user may result in the adoption by the provider of appropriate measures protected by law and in the exercise of their rights or obligations, which may include the deletion or blocking of the account of the offending user, without the possibility of compensation for damages.
Similarly, the Website has areas through which users can participate, publish their own content and / or share content, own or published by the provider. These areas may be owned by the provider and therefore dependent and controlled by it, or outside the provider, being independent social networks and outside our organization, for which we can not be responsible or the proper functioning, or conditions and policies provided by their managers, being the user himself who must consent and assume at all times the treatment that is made of the information published on these platforms.
In any case, we inform you that when the user participates in any of these areas, the rest of the users of the Website will be able to access and use all the contents published by the user. The provider cannot control what use other people will make of these contents and, therefore, the provider is not responsible for it. The provider recommends that you do not publish personal data or materials protected by intellectual and industrial property rights or any other rights.
In order to make the Website a safe environment, and to protect our users, it is strictly forbidden to publish content:
1) That could be considered as a violation in any form of the fundamental rights to honor, personal and family privacy or the image of others and, especially, of minors;
2) That include photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
3) That violate the secrecy of the communications or that suppose an infraction of intellectual and industrial property rights or of the norms regulating the protection of personal data;
4) That contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;
5) That contain “spam” and/or links to sites unrelated to the corresponding space;
6) That include advertising or commercial communications, for the emission of messages with advertising purposes or for the collection of data with the same purpose.
The user who breaches these prohibitions will be responsible for any claims arising as a result. Even if no claim from a third party is made, the provider reserves the right to prevent access to the Website or the possibility of participating in the spaces provided therein to users who do not comply with these conditions.
The lender does not control the content published by users on the Website and assumes no responsibility for these contents. However, the lender reserves the right to monitor and / or moderate any content posted by users and, if it violates these Terms of Use or Privacy Policy, to edit or remove it. Also, if you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set out in the Website, please make it known immediately to the provider through the various means provided for this purpose.
7 RESPONSIBILITIES AND GUARANTEES
The provider cannot guarantee the reliability, usefulness or truthfulness of absolutely all the information and/or services of the Website, nor the usefulness or truthfulness of the documentation made available through it.
Consequently, the provider does not guarantee and is not responsible for (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in the Website or in the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of violating the security measures adopted in it; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions set out by the provider on the Website or through the violation of the Website’s security systems.
Nevertheless, the provider declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and to reduce to a minimum the system errors, both from the technical point of view and from the contents published on the Website.
The provider does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or that could constitute an infringement of the rights of third parties, the user must immediately notify the provider so that the latter can proceed to take the appropriate measures.
The lender will not be responsible for the accuracy, completeness or updating of information published on the Website from sources outside it, as well as those contained in other platforms that are linked from the Website. The provider will not assume responsibility for any hypothetical damage that may arise from the use of such information.
In any case, the provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and / or downloading of content and / or use of services of the Website, with or without notice, to users who violate any of the provisions detailed in these Terms of Use, without the possibility of the user to claim any compensation for this cause.
8 SUSPENSION OF THE WEBSITE
The provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to users who violate any of the provisions detailed in these Terms of Use, without the possibility of the user demanding any compensation for this cause.
9 GENERAL
The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of these Terms of Use. Likewise, the provider may modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same way as these Conditions of Use appear or through any type of communication addressed to users.
The temporary validity of these Terms of Use coincides, therefore, with the time of its exposure, until they are modified in whole or in part, at which time the modified Terms of Use will become effective.
Regardless of the provisions of the particular conditions that may be established, the provider may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the user to demand any compensation. After such termination, the prohibitions on the use of the contents set forth above in these Terms of Use shall remain in force.
Likewise, if the user breaches these Terms of Use, the provider may suspend or cancel his or her profile automatically and without prior notice, and in no case shall such suspension or cancellation entitle the user to any compensation whatsoever. To this end, the provider informs that it may inform and collaborate with the competent police and judicial authorities if it detects any violation of current legislation or if it has suspicion of committing a crime.
The contracting of any product and/or payment service offered by the provider will be regulated by the general and/or particular conditions of each specific service provided for this purpose.
In the event of any discrepancy between the provisions of these Terms of Use and the particular conditions of each specific service of the Website, the latter shall prevail.
In the event that any provision of these Terms of Use is declared null and void or inapplicable, in whole or in part, by any court, tribunal or competent administrative body, such nullity or inapplicability shall not affect the remaining provisions of these Terms of Use.
The non-exercise or execution by the provider of any right or provision contained in these Terms of Use shall not constitute a waiver of such right or provision, unless acknowledged and agreed to in writing by the provider.