This legal notice governs the use of the website www.clustercalzado.es (hereinafter, the “Website”) owned by the association Cluster Calzado Innovación (hereinafter referred to as “Cluster Calzado Innovación” in relation to this Website), with VAT no. G-54352497, and registered with number CV-01-043227-A of section 1 of the Regional Registry of Associations and address at Plaza de Roque Calpena 1, 4th Floor (Building FICIA), 03600 Elda, Alicante (Spain).
PRELIMINARY NOTES. DEFINITIONS:
USERNAME: Any person who may access the Website, use or hold the CONTENTS included therein.
CONTENTS: Any information, text, link, software, material, tool, including any image of the Products and Services Offered, brands, logos, drawings, etc, which may be available or accessed online through browsing the Website.
LEGAL WARNINGS: Any clauses, private or general terms and conditions available at the Website, in addition to any legal regulation that may be applicable concerning the use of the Website, etc.
SPAM: For the purposes of this Legal Notice, it shall be defined as the sending of mass email messages without prior authorisation from the email address holders.
“Cluster Calzado Innovación” advises all USERS to carefully read these general terms and conditions, as well as any other legal warnings available throughout the Website, particularly those terms and conditions or notices related to the Contents, in addition to the section on Personal Data Protection.
In the event of any queries concerning the above legal warnings, please do not hesitate to contact “Cluster Calzado Innovación” at email@example.com
USERS hereby expressly state and acknowledge that accessing the Website shall imply their full and unequivocal commitment to comply with every legal warning concerning the access and use of any CONTENTS provided and/or supplied by the Website. In either case, should Users fail to understand or comply with any of the above mentioned legal warnings, they must avoid accessing or using the Website and/or any of the CONTENTS available and/or supplied therein.
Likewise, USERS hereby expressly and unequivocally state and acknowledge that all legal warnings shall remain valid at all times since their first access to the Website. They also acknowledge that these may be modified at any time by “Cluster Calzado Innovación” without prior notice.
In regards to access, use and/or ordering, etc., the Website’s language is established as Spanish for all purposes. Notwithstanding the foregoing, USERS may also select the Website’s English version.
Through their website, “Cluster Calzado Innovación” grants USERS with access to a series of Contents, which may be supplied or provided by either Cluster Calzado Innovación themselves or any third parties, with the main purpose of making available and/ or providing access to information regarding CLUSTER CALZADO INNOVACIÓN products and services, and how to purchase them.
“Cluster Calzado Innovación ” reserves the right to limit, discontinue or suspend access to their Website at any time, as well as the use of all or some of its CONTENTS, whether or not these are provided free of charge or through restricted use.
Likewise “Cluster Calzado Innovación ” reserves the right to modify the location of any CONTENTS within their Website at any time, as well as their layout or routes of access.
B. TERMS AND CONDITIONS FOR WEBSITE ACCESS AND USE
B.1. Accessing and using the website by USERS.
USERS hereby expressly and unequivocally acknowledge that accessing and using the Website shall not imply any guarantee, which is expressly waived by “CLUSTER CALZADO INNOVACIÓN”, in regards to the suitability of the contents included therein for any private or specific use by USERS. Therefore, both in regards to accessing the Website and using the CONTENTS included therein, USERS shall act under their own responsibility. For that reason, “CLUSTER CALZADO INNOVACIÓN” shall deny any liability, under any circumstances and to any extent, both due to direct or indirect damages, resulting damages or any loss of earnings, caused by or arising from the use of these CONTENTS or the resulting conclusions made by USERS themselves following their use, whether these are accessed through the Website or through any other Website that may be accessed through any existing links.
Likewise, “CLUSTER CALZADO INNOVACIÓN” shall under no circumstances be liable, whether indirectly or jointly liable, for any CONTENTS provided or offered by any third parties or entities (including their marketing and manufacturing practices), or in regards to any contents, information, communications, opinions or statements of any kind, arising or made by any third parties that may be accessed through the Website, which shall not be construed under any circumstances as a guarantee or endorsement for the use or purchase of any third party products or services supplied by them.
USERS hereby expressly and unequivocally acknowledge that “CLUSTER CALZADO INNOVACIÓN” may, at any point, establish additional terms and conditions or restrictions affecting access to their Website and/or use of their CONTENTS, with immediate effect for all USERS and without prior notice.
“CLUSTER CALZADO INNOVACIÓN” provides access to their Website in good faith. However, in view that some of the CONTENTS herein may be provided or supplied by third parties, “CLUSTER CALZADO INNOVACIÓN” hereby advises USERS, who hereby acknowledge to know and accept, that some of the details or text available may not be fully accurate or up to date, despite our best attempts. For that reason, “CLUSTER CALZADO INNOVACIÓN” shall exclusively be held liable for any contents directly provided by “CLUSTER CALZADO INNOVACIÓN”, which are expressly identified under their Copyright.
B.2. Authorised use of this Website and its Contents
USERS hereby expressly and unequivocally acknowledge that they shall access and, where applicable, use the Website and its CONTENTS available in compliance with all legal warnings, as well as these general terms and conditions, the specific terms and conditions that may, where applicable, apply to any individual CONTENT, and any other applicable regulation, in accordance with good practice, in good faith and in observance of public order. In either case, USERS undertake to avoid carrying out the following, including but not limited to:
a) Accessing or using the Website and its CONTENTS for any unauthorised reasons or for any purposes other than their intended use and/or outside their regulatory framework.
b) Accessing and/or using the Website and/or its CONTENTS for any other purposes other than their intended use, in observance of the format in which they are made available and the legal warnings included herein. For the purposes of compliance with the above principles, USERS hereby undertake to avoid carrying out the following, including but not limited to:
I) Undertaking or attempting to undertake actions that may result in direct or indirect damages, in general terms, to the Website and CONTENTS available therein, more particularly with regards to the rights owned by either “CLUSTER CALZADO INNOVACIÓN” or any third party;
II) Undertaking or attempting to undertake actions that may affect the references or statements made in regards to intellectual or industrial property rights owned by either “CLUSTER CALZADO INNOVACIÓN” or any third parties, in both the Website, as well as the CONTENTS available and any other ELEMENTS included therein, either through modification, manipulation or removal of any references or format.
III) Undertaking any actions that may result in damages to “CLUSTER CALZADO INNOVACIÓN” or any third parties’ equipment or, where applicable, that may affect the normal Website operation for its intended purposes. The above actions include the introduction of IT viruses in systems owned by “CLUSTER CALZADO INNOVACIÓN”, its USERS or any third party that may affect the Website in any shape or form, in addition to any actions intended to propagate said viruses both in the Website itself as well as the Internet via the Website.
c) USERS shall remain liable for any damages of any kind that may affect either “CLUSTER CALZADO INNOVACIÓN”, other USERS or any third parties as a consequence of their own misuse of the Website or any of the CONTENTS available therein.
Likewise, they shall be liable for any sums that “CLUSTER CALZADO INNOVACIÓN” may be subject to pay as a consequence of any administrative decision, final court judgement or out-of-court agreement resulting from their obligation to compensate any third parties for any damages caused for that reason.
USERS hereby expressly and unequivocally state that they undertake to avoid reproducing or copying, distributing, allowing public access via any public broadcasting method, transforming or modifying the CONTENTS, except with prior authorisation by the owners of the corresponding rights, or where legally permitted, as well as to avoid breaking or attempting to break any protection or any other information mechanisms that may be included in the above mentioned CONTENTS, such as their intellectual or industrial property protection.
USERS undertake to avoid obtaining or attempting to obtain the CONTENTS through the use of any means or procedures other than, where applicable, those made available to them for this purpose, or as may be expressly stated in the websites where the above CONTENTS are supplied or, in general terms, those that are usually available for use on the Internet, in order to avoid any risk of damage or inoperability to the Website and/or its CONTENTS.
C. THIRD PARTY TRADING THROUGH THE WEBSITE.
In the event of any references to products and/or services offered by third parties that may be posted by “CLUSTER CALZADO INNOVACIÓN” either to the Website or emailed through marketing communications, where applicable, agreed by USERS, including links to third party websites with their products and/or services, USERS hereby expressly acknowledge that “CLUSTER CALZADO INNOVACIÓN” shall not guarantee or accept any liability in regards to any purchases of the above mentioned products and/or services supplied by third parties, or in regards to their quality, features, etc. Furthermore, “CLUSTER CALZADO INNOVACIÓN” shall not accept any liability in relation to the above third party’s processing of any personal data provided to them by USERS.
This Website does not handle any acceptance, delivery or payments and therefore, it shall not be involved in any electronic transaction to supply any third party service or product other than those offered by “CLUSTER CALZADO INNOVACIÓN”.
The role of “CLUSTER CALZADO INNOVACIÓN” Website is to simply act as a communication channel, but it does not imply their endorsement of any third party products in the event of any advertising. All commercial transactions undertaken must comply with current legislation.
In regards to any third party CONTENTS included in their Website, please be advised that “CLUSTER CALZADO INNOVACIÓN” does not edit or produce said third party contents and, therefore, it shall not guarantee or accept any liability concerning the legality, reliability, utility, veracity, accuracy, thoroughness or relevance of the above CONTENTS.“ CLUSTER CALZADO INNOVACIÓN” shall under no circumstances be held liable for any damages arising from:
I) a lack of legality, reliability, utility, veracity, accuracy, thoroughness or relevance of the above CONTENTS.
II) inappropriateness for any particular purpose, and non-fulfilment of expectations generated by the CONTENTS,
III) any decisions or actions taken or avoided by USERS further to the information or details provided or supplied within the CONTENTS, including but not limited to, loss of earnings or business opportunities.
In the event of any claims based upon any of the above reasons, these must be addressed to the corresponding third party that produced the relevant CONTENTS available and /or the supplier of the goods or services purchased.
D. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
USERS hereby expressly and unequivocally state and acknowledge that all intellectual and industrial property rights concerning the Website, the CONTENTS, and/or any other elements included therein, including but not limited to photos, software, designs, images, databases, text, sounds, brands, logos, graphics, etc., belong to “CLUSTER CALZADO INNOVACIÓN” and/or any third parties that “CLUSTER CALZADO INNOVACIÓN” may designate or identify as such.
Access to the Website or use of the Contents shall under no circumstances imply any waiver, transferral, license, full or partial assignment of the above mentioned rights, unless expressly stated otherwise. This Legal Notice does not grant USERS with any further rights to use, modify, operate, reproduce, distribute or publicly broadcast the Website or the CONTENTS in addition to those expressly stated herein.
Any further use or operation involving the above rights shall be subject to obtaining prior express written authorisation specifically granted for that purpose by “CLUSTER CALZADO INNOVACIÓN” or any third party holding ownership of the affected rights. In the event of obtaining the above mentioned authorisation, any use or operation shall be subject to the statements included therein and, in either case, the rights shall be exercised in good faith and pursuant to the legal warnings, and they shall at all times state the origin and/or author of the elements, as well as statements or references to the relevant intellectual and industrial ownership and/or the owners’ copyright symbol. Likewise, in the event of any authorised prints, downloads and storage of the CONTENTS, etc., these shall be exclusively carried out for personal and private use by USER and not for profit.
Any users who may be interested in obtaining any type of authorisation to use any of the protected materials must contact “CLUSTER CALZADO INNOVACIÓN” at firstname.lastname@example.org.
E. LIABILITY DISCLAIMER
E.1. Liability waiver in regards to access and use of the Website.
“CLUSTER CALZADO INNOVACIÓN” shall not guarantee the availability and continuity in operation of either their own Website or any other websites that it may link to. Likewise, “CLUSTER CALZADO INNOVACIÓN” shall under no circumstances be held liable for any damages arising from:
I) lack of availability or accessibility to either their own Website or any other websites that it may link to,
II) interruptions in the Website’s operation, or the CONTENTS included therein, or any IT failure, telephone breakdown, disconnection, delays or blockages caused due to fault or overload in the telephone lines, the Internet system or any other IT systems during its operation,
III) non suitability of the Website or the CONTENTS included therein for any specific use by USERS, and
IV) any other damages that may be caused by any third parties due to unauthorised Website interferences that are outside of “CLUSTER CALZADO INNOVACIÓN” control. Likewise, “CLUSTER CALZADO INNOVACIÓN” advises that the quality of any CONTENTS available through the Website and their use by USERS shall mainly depend on whether the hardware and software used is compliant with the technical specifications required by “CLUSTER CALZADO INNOVACIÓN” at their sole discretion. The above technical specifications may be posted on the Website or through private communications with USERS, and they shall be met by USERS. Therefore, “CLUSTER CALZADO INNOVACIÓN” shall not be held responsible for any unavailability or faults in the display of its CONTENTS or their use by USERS in the event that they have failed to meet the above mentioned technical specifications.
With the purposes of reducing any risks of viruses, “CLUSTER CALZADO INNOVACIÓN” uses virus detection software in order to control all Contents introduced in their Website. However, “CLUSTER CALZADO INNOVACIÓN” does not guarantee the absence of any virus or any other element that may be introduced in their Website by any third parties, resulting in physical or logical alterations to the USER equipment, or any electronic documents or files stored in their systems. Therefore, “CLUSTER CALZADO INNOVACIÓN” shall not be held responsible under any circumstances for any damages of any kind that may arise from the presence of a virus or any other element that may cause physical or logical alterations to the USER equipment, or any electronic documents or files stored in their systems.
“CLUSTER CALZADO INNOVACIÓN” shall adopt protection measures in order to protect their Website and its Contents against third party cyber attacks. However, “CLUSTER CALZADO INNOVACIÓN” shall not guarantee that no unauthorised third parties will have access to the Website in order to use it for the same purposes as any other USER, and/or the situation, characteristics and circumstances in which they undertake such use. Therefore, “CLUSTER CALZADO INNOVACIÓN” shall under no circumstances be held responsible for any damages caused by the above unauthorised use. In either case, “CLUSTER CALZADO INNOVACIÓN” may be entitled at any time to deny or limit access to any USERS in regards to the CONTENTS, as well as to delete or remove any CONTENTS that, at “CLUSTER CALZADO INNOVACIÓN” sole discretion, may be in breach of the dispositions included in this Legal Notice and any further legal warnings, including the principles that the correct development of the Website’s purpose is based upon.
E.2. Liability waiver in regards to Links.
In the event that the Website made any technical linking, directory and search engine devices available to USERS with the purpose of allowing them to access other web pages and/ or sites belonging to and managed by third parties, “CLUSTER CALZADO INNOVACIÓN” shall check the existing contents of the above mentioned websites at the time when the link is established, in good faith and under the assumption that such contents are compliant with applicable legislation.
However, under no circumstances shall “CLUSTER CALZADO INNOVACIÓN” be held responsible, endorse or take over any products, services, contents, information, data, files or any kind of material available in the above mentioned websites, and it shall not control or assume any liability, endorse or take over any subsequent modifications to these materials.
Should they deem it relevant or be required to do so in observance of a court order or administrative request, “CLUSTER CALZADO INNOVACIÓN” shall remove any links to any websites who are in breach of applicable legislation and/or that may damage any third party rights.
E.3. Anonymous browsing.
“CLUSTER CALZADO INNOVACIÓN” shall only obtain and retain the following information in regards to visitors to their website:
a. ISP name and/or IP address used to access the Internet. In this manner, we are able to prepare statistical reports on the countries and servers that visit our website most frequently.
b. Date and time of access to our website. This information is used to find out what hours receive the most traffic in order to make the required adjustments to avoid any bandwidth issues during our busiest hours.
c. Internet addresses linking to our website. This data allows us to measure the effectiveness of the different banners and links pointing towards our server, in order to boost those that provide the best results.
d. Amount of visitors to each section. This allows us to find out what are the most successful areas, in order to increase and improve their contents with the purpose of better satisfying our customers.
Any information obtained is fully anonymous and under no circumstances may be linked to a specific or identified user.
E.4. Website browsing and Cookies
a. Date and time of the last visit to our website.
b. Contents design chosen by user upon their first visit to our website.
c. Security elements involved in controlling access to restricted areas.
Users may prevent the generation of cookies by selecting the corresponding option in their browser settings. However, our company hereby advises that disabling these may prevent correct website operation
F. USE OF LINKS
If you wish to establish a link or hyperlink (hereinafter, the “link”) between our Website and your own, you will be required to obtain prior authorisation from “CLUSTER CALZADO INNOVACIÓN”, by sending your request to the following email address: email@example.com.
Should the above authorisation be granted, the link to be established shall meet the following requirements:
I) Any authorisation to link to our Website is simply intended to allow visitors to access our website and shall not entitle the grantee to reproduce any part therein. Likewise, access via the link shall only be made to the Website’s home page, and never to any other web page.
II) It shall not include any frame or border environment.
III) No false, inaccurate or incorrect statements or indications shall be made in relation to the Website.
IV) It shall not include any statement or misrepresentation implying that ” CLUSTER CALZADO INNOVACIÓN” endorses, recommends, supervises or assumes ownership of any CONTENTS, Products and/or Services Offered and made available from the websites where the link has been established. “CLUSTER CALZADO INNOVACIÓN” shall therefore deny and waive any liability that the original website (including their managers, owners, etc) may be subject to following the establishment of the link to the Website’s home page itself, as well as those caused by the services supplied and the CONTENTS made available through said website.
V) In either case, any authorisation to establish a link shall only imply an authorisation to do so pursuant to the dispositions included in this section. Therefore, it shall not imply under any circumstances an authorisation, unless otherwise agreed, to use or to manage any industrial or intellectual property rights belonging to either “CLUSTER CALZADO INNOVACIÓN” or any third party in the website where the link is established. In any case, the website where the link is established may not include any identification elements that may imply the existence of a (currently non existing) partnership between the services, products and contents made available and supplied via the site and those made available and supplied by our Website. Likewise, it shall neither imply the existence of a (currently non-existing) partnership between the individual, company or entity that manages or owns the site and “CLUSTER CALZADO INNOVACIÓN” or any third parties that supply the CONTENTS featured on our Website.
VI) Any sites authorised to establish a link shall not be allowed to display or supply any CONTENTS that are either illegal or fraudulent, or that may be contrary to these general terms and conditions, or go against good faith, best practices and the rights of any third party suppliers of CONTENTS to the Website or “CLUSTER CALZADO INNOVACIÓN”.
Any omission by any of the Parties to execute their rights pursuant to this Agreement, shall not be considered under any circumstances as a waiver to those rights, except where otherwise stated in writing.
Should it be determined that any of the stipulations included herein is either invalid or illegal, it shall not affect any of the remaining provisions.
“CLUSTER CALZADO INNOVACIÓN” reserves the right to exercise any actions available to them according to law in order to demand any liabilities arising from any breach by USERS of any of the dispositions included in the legal warnings.
I. APPLICABLE LEGISLATION AND JURISDICTION
In the event of any controversies arising from the interpretation or execution of this Legal Notice, it shall be construed according to Spanish legislation.
Likewise, in the event of any controversies arising, CLUSTER CALZADO INNOVACIÓN and Users hereby submit themselves to the courts corresponding to CLUSTER CALZADO INNOVACIÓN address renouncing any other jurisdiction that may apply to them. In case of Users based abroad, CLUSTER CALZADO INNOVACIÓN and User shall both submit themselves to the Courts of ELDA (Alicante) SPAIN
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