INDEX
1.- Who we are.
2.- What do the Conditions regulate.
3.- Prior information for access to the services of the Web Site.
4.- General characteristics of the services.
5.- How the Web Site should be used.
6.- Forms of participation in the Web Site.
7.- Intellectual and Industrial Property.
8.- Links policy.
9.- Personal data protection and cookie policy.
10.- What you can do if you detect illegal or unsuitable content.
11.- Responsibilities.
12.- Miscellaneous.
1.- Who we are.
The present website Jardín de Tramas, has the URL address www.jardindetramas.com and is operated by Mariana Laura Tau Gury, identifying the Website and Jardín de Tramas with the data you can find in the Legal Notice.
2.- What the Conditions regulate.
The present conditions of use regulate the access and use of Jardín de Tramas’ services, the information that we make available to you as users of the Internet network through the Website (in any of its modalities, applications, etc. and for any type of device -fixed or mobile- through which the Website is accessed), as well as, in general, the relationship between you as Users and the Website, except for other communications, conditions and particular or specific instructions, which in each case are made known to you.
Your access or mere use of the Web Site implies your adherence as Users to the Conditions published at all times on the Web Site and which will be available to Users. Consequently, you should read these Conditions carefully. You may save or print the Conditions at any time and we recommend that you do so.
3.- Prior information for access to the services of the Website.
Before using the services of the Web Site or registering, Users expressly assume that they are persons capable of discerning, that they have entered the Web Site of their own free will and that they have not been coerced into doing so, and that the selection of the services that they carry out is made at their sole and unique account and risk, expressly accepting these Conditions, Privacy Policy and Cookies, as well as those other notices and instructions, communications, or particular conditions, which in each case are brought to your attention.
In relation to the particular conditions that regulate other services of the Web Site, these Conditions complete the provisions of those particular conditions insofar as they do not oppose them.
You should be aware that communications over open networks are exposed to threats that make them unsafe. Jardín de Tramas adopts all the appropriate security measures for the correct functioning of the Website. However, the User must adopt all the technical measures that correspond to him/her to reasonably control these threats (having updated systems to detect malicious software, such as viruses, trojans, etc., having updated the security patches of the corresponding browsers). As a User you are solely and exclusively responsible for your use of the Website and services and, aware of this, you voluntarily accept such responsibility.
In relation to minors.
In relation to the navigation of the Website by minors, except for what is indicated in the previous paragraphs, Users are warned that Jardín de Tramas cannot control, apart from other circumstances, that minors make use of the Website and its services. Therefore, in addition to not admitting the Website, Jardín de Tramas has no responsibility in this respect, we inform you that parents and guardians will be the only ones responsible for controlling and assisting minors in the navigation of this Website, and enabling any other necessary mechanisms that, if necessary, prevent access by minors to the Website and/or its services, and Jardín de Tramas does not admit any claim in this respect.
Access codes or similar.
In the event that any service of the Website includes access keys or user names, you will choose and indicate your own access keys (user name, password, or similar), without prejudice to other data that may be requested in the corresponding form, and not being able to choose words, expressions or unpleasant graphic-denominative sets, offensive, coinciding with brands, commercial names, shop signs, company names, advertising expressions, names and pseudonyms of public figures or celebrities for whose use it is not authorised and, in general, contrary to the law or the requirements of generally accepted morality and good customs.
The assignment of the user name occurs automatically after the user has chosen it. In the event that these requested passwords are reserved, you must enter new access codes.
The user agrees to make a diligent use of the access codes, not to make them available to third parties, and to communicate to Jardín de Tramas the loss or theft of the access codes and the possible access by a third party to them.
As a User, you are the only and exclusive responsible for your identification to access the service. The consequences derived from its use by third parties, its misuse, loss or forgetting the secret user access code – password – or the user name are your sole and exclusive responsibility.
4.- General characteristics of the services.
The services that you can access on the Web Site are, as a general rule, free of charge without Users having to make any payment in order to enjoy them, except for the cost of connection through the telecommunications network provided by the access provider that you have contracted. Notwithstanding the above, access to certain contents of the Website may not be free of charge depending on, among other factors, the volume of accesses by the User or the type of content, of which, in any case, you will be informed and, where appropriate, your subscription or registration will be required.
Content or services offered by third parties.
You will be able to access through the Website other services offered by Jardín de Tramas or services offered by partners, which will have their own general conditions of use or contracting, which will specify the free or onerous nature of the same, and without Jardín de Tramas’ responsibility in this respect.
In any case, in accordance with the provisions of Article 17 of Law 34/2002, of July 11th, on information society services and electronic commerce (“LSSI”), and unless Jardín de Tramas has effective knowledge that the activity or information contained in the Website or the web to which it is sent is illicit or damages goods or rights of a third party susceptible to protection, Jardín de Tramas will not be responsible for the information offered in or from the Website, by third parties or the Users.
5.- How to use the Website.
Users commit themselves to use the services, channels and all the contents of the Website in accordance with the provisions of these Conditions, the law, morality, generally accepted good customs and public order.
Likewise, you are obliged not to use the Website for fraudulent, illicit purposes, contrary to what is established in these Conditions, harmful to the rights and interests of Jardín de Tramas or third parties, or that in any way could damage, disable, overload or deteriorate the services and channels of the Website and its contents or prevent the normal use, operation or enjoyment of the same by the Users, nor to modify or alter in any way the content or other elements of the Website. In this sense, you agree not to carry out any of the following activities:
- i) Send advertising of any kind and communications for sales purposes or others of a commercial nature to the Web Site, or to a number of people using the Web Site without their prior request or consent.
- ii) To send any other messages that have not been requested or consented to previously to a number of users of the Web Site.
- iii) Sending chains of unsolicited, or previously consented, electronic messages to users of the Website.
- iv) Using distribution lists that can be accessed through the Web Site or its services and channels to carry out the activities indicated in sections i) to iii) above.
- v) Make available to third parties, for any purpose, data captured from distribution lists.
- vi) Obtain, and even try to obtain, information and any kind of material accessible through the Web Site or its services or channels using procedures other than those made available to them.
- vii) Making improper use of the contents of the Web Site by using them for purposes other than those intended, reproducing, modifying or transforming them.
- viii) Storing, publishing and/or transmitting data, texts, images, files, links, software or other contents that are objectionable according to the applicable legal provisions or according to Jardín de Tramas’ estimation, because they are illegal, harmful, threatening, abusive, defamatory, vulgar, obscene, racist or otherwise objectionable or illicit, or that may cause damage of any kind to minors, particularly pornographic ones, tributes to violence or otherwise dangerous to youth.
- ix) Not to hinder the access of other Users to the access service through the massive consumption of the computer resources through which Jardín de Tramas provides the service, as well as to carry out actions that damage, interrupt or generate errors in said systems or services.
Users are informed that in the case of breach of these Conditions, the Privacy and Cookies Policy, or any other particular terms or conditions included in the Website, Jardín de Tramas reserves the right to limit, suspend or terminate their access to the Website, adopting any technical measures that may be necessary for this purpose.
Finally, we inform users that Jardín de Tramas reserves the right to decide, at any time, on the continuity of the services and information provided through the website.
6.- Forms of participation in the Website.
Users can participate in the Website in the areas that are enabled for this purpose (including but not limited to, submissions, blogs, forums, chats, comments, sharing, etc.). Jardín de Tramas is limited to enable the spaces for this participation, but will not participate in any way in them, being the result mere contributions or opinions made by the Users under their own responsibility. The diffusion of these contributions by the Users in no way means that Jardín de Tramas identifies or shares the ideas, opinions or statements expressed by the Users. Users are obliged to use these areas in the terms indicated in section 5 above “How to use the Website”. By sending your comments or by participating in these areas, you irrevocably, freely and unlimitedly authorize Jardín de Tramas to publish the most outstanding comments in its printed editions (whether online, offline or by any other means) or on its websites.
Without being able to deduce that any moderation or revision carried out is a detailed revision, Jardín de Tramas reserves the right to suspend or eliminate those contributions or comments that do not comply with the current regulations and the present conditions.
The users who send images, photos, comments, etc. guarantee to be the owner, and to have the necessary authorizations (especially in the case of including data or images from third parties and in particular if they are minors) so that Jardín de Tramas can proceed in the website, free of charge and without any associated charge, to its reproduction, distribution, availability and public communication. The Users, guaranteeing the possession of rights, assume the free and unlimited use by Jardín de Tramas.
In the case that it is discovered, either directly or through notifications or requirements from third parties, the existence of illicit or similar practices, Jardín de Tramas may proceed to the elimination of the infringing contents or any other measure it considers necessary to avoid the continuity of the detected situation. The same measure may be applicable in the event that a use is detected that, due to its characteristics such as size, format, etc., hinders the operation of the Website, content or propaganda links, spam and repeated comments, as well as those that do not make sense or are outside the subject of the news. Without prejudice to the above, users assume that Jardín de Tramas may inform the administrative or judicial authorities of those facts that could constitute an illicit activity, without the need to previously inform the user. In the event that Jardín de Tramas decides to suspend (temporarily or permanently) the participation of a User in the enabled participation areas, Jardín de Tramas will communicate such suspension to the User by sending a message by email to the email address, in the case that this address had been provided by the User.
Jardín de Tramas reserves the right to stop providing the service in any of the participation areas at any time, by giving at least fifteen (15) days’ notice on the service access screen.
7.- Intellectual and Industrial Property.
The intellectual property rights of the website, its source code, design, navigation structures and the different elements contained in it are owned by Jardín de Tramas, who has the exclusive right to exploit them in any way and especially the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish and European Union legislation. Likewise, the Website is the result of information of any kind related to Jardín de Tramas’ activities (information created by Jardín de Tramas or created by third parties), which enables a personal and non commercial use of the information itself by the Users.
ALL RIGHTS RESERVED in relation to the contents of Jardín de Tramas, it is forbidden the total or partial reproduction, distribution, making available, public communication and use, total or partial, of the contents of this website, in any form or modality, without previous, express and written authorization, including, in particular, its mere reproduction and/or making available as summaries, reviews or press magazines with commercial purposes or directly or indirectly lucrative, to which express opposition is manifested. Likewise, the presentation of pages of the Website and the insertion of images broadcast on the Website in pages not belonging to Jardín de Tramas (whatever the technique used for this) is also forbidden. Unauthorised use of these contents will give rise to the legally established responsibilities. Jardín de Tramas, in accordance with the provisions of the LSSI, will not be responsible for the infractions made by the Website’s User that affect third parties, unless the User has “effective knowledge” of such infraction. Jardín de Tramas informs Users that, unless previously authorised, expressly and in writing, it does not grant any licence or express or implicit authorisation over the intellectual and/or industrial property rights or over any other right or property related, directly or indirectly, to the contents included in the Website, being prohibited any alteration or modification of the contents and any other element of the Website.
In the event that Users upload content to the Website, Jardín de Tramas informs you that you will continue to maintain the ownership of the rights over your content, although by uploading, loading or publishing content on the Website you agree to grant Jardín de Tramas a non-exclusive and transferable (with the power to sub-license to third parties) worldwide license, for the maximum duration of the rights in accordance with applicable legislation, to use, reproduce, distribute, communicate publicly (including making available to the public), make derivative works, transform, display and execute such Content in relation to the provision of the Website services and the operation of the Website and Jardín de Tramas’ activity, including without limitation, for the purposes of promotion and redistribution of all or part of the Website (and its derivative works) in any format and/or form of exploitation and through any channel of communication. The previous license granted by the User with respect to the content he or she uploads will be cancelled when the User removes or deletes his or her content from the Website.
All the commercial names, brands or distinctive signs, logos, symbols, mixed, figurative or nominative brands that appear on this Website belong to Jardín de Tramas or the latter has the corresponding licenses for their use.
8.- Links policy.
Links to other websites.
The Website could include links to sites controlled by third parties. The User must remember that when using a link to access from the Website to another, the Privacy Policy and the Cookies Policy of the Website will cease to have effect. The Website Privacy Policy does not reflect the privacy practices of those other third party sites. In accordance with the provisions of article 17 of the LSSI, Jardín de Tramas declines, unless it has “effective knowledge” of the commission of an illicit act or of the damage to the property or rights of a third party susceptible to compensation, any type of responsibility with respect to the privacy and data processing of other websites. Your browsing and interaction on any other website, including those linked to the Website, is subject to that site’s rules and policies. We recommend that the User reads the data processing and privacy policies of the websites he or she visits through the link on the Website or otherwise.
Links on other websites to the Website.
If any third party, entity or website wishes to establish any type of link to the Website, it must respect the following:
The link can be directed to the home page of the Website.
The link must be absolute and complete, i.e. it must take the User, by means of a click, to the URL address of the Website itself, covering the entire screen of the Website. Under no circumstances, unless expressly authorised in writing by Jardín de Tramas, may the linking website reproduce, in any way, the Website, include it as part of its web or within one of its frames, or create a browser on any of the Website’s pages. On the page that establishes the link, Jardín de Tramas cannot declare that it has authorised such a link, unless Jardín de Tramas has expressly authorised it in writing. If the entity that makes the link from its page to the Website wishes to include in its webpage the brand, name, commercial name, label, logo, slogan or any other type of identifying element of Jardín de Tramas and/or the Website, it must have its prior express written authorization.
Under no circumstances does Jardín de Tramas authorize the establishment of a link to the Website from those web pages that clearly promote hatred, contempt or discrimination for reasons of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance and in general, that contravene morality, public order or generally accepted social norms. In any case, Jardín de Tramas does not assume any kind of responsibility for any aspect related to the website that establishes that link to 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 in general any of its contents.
9.- Protection of personal data and cookie policy. The aspects relating to the processing of Users’ personal data on the occasion of the use of the Website are regulated in the texts of the Privacy Policy attached to the various data collection forms that may be included in the Website. Like other Internet portals, the Website uses a technology called “cookies” to collect information on how the Website is used. For detailed information on how Jardín de Tramas uses cookies, please refer to the text of the Cookie Policy.
10.- What you can do if you detect illegal or unsuitable content.
If you are aware that any kind of information or content of the Website or provided through it is illegal, harmful to the rights of third parties, contrary to what is established in these Conditions or, in any other way, harmful or contrary to morals, uses and customs, you can contact us through Customer Service at the following address info@jardindetramas.com
- identification and contact details;
- description of the reasons why you consider the content or information illegal or inappropriate and the specific address where it is available;
- in the event of violation of the rights of third parties, provide the data of the owner of the infringed right when it is a person other than the communicator. Likewise, you must provide the title that accredits the ownership of the violated rights and, if applicable, the representation to act on behalf of the owner when it is a person other than the communicator. The reception by Jardín de Tramas of the notification foreseen in this clause will not imply effective knowledge of the activities and/or contents indicated by the caller, when this is not known or evident. In any case, Jardín de Tramas reserves the right to suspend or withdraw the contents that, although not illegal, are contrary to the rules established in these conditions, weighing in each case the legal assets in conflict.
11.- Responsibilities. Given the specialities of the Internet, Jardín de Tramas is not responsible for:
The lack of availability and continuity due to the operation, usefulness and reliability of the services and the Website, not even of the onerous or not free services for the Users, derived from a fortuitous act, force majeure or not directly attributable to Jardín de Tramas.
The alteration of privacy and security in the use and contents of the Website and services by third parties not related to them in accordance with the current legal regime.
The presence of viruses or other false elements in the services offered by third parties through the Website that can produce alterations in the computer system, electronic documents or files of the users.
- The lack of veracity, accuracy, exclusivity, or timeliness of the content offered through the Website, whether it is content offered by Jardín de Tramas or offered by third parties, unless Jardín de Tramas has “effective knowledge” of the commission of an illicit act or the violation of property or rights of a third party. Jardín de Tramas is not responsible for the damages caused to the users as a consequence of the risks inherent to the medium used, nor for those caused by the vulnerabilities in its systems and tools derived from a fortuitous act, force majeure or not directly attributable to Jardín de Tramas. Jardín de Tramas does not guarantee the total security of its systems, and although it has adopted adequate security measures, the existence of vulnerabilities due to force majeure or a fortuitous event cannot be totally ruled out, and consequently, you must be careful when interacting with the Website.
12.- Miscellaneous.
The present Conditions may undergo any change, which will be communicated by publication on the Web Site.
In the event that Jardín de Tramas does not exercise any right or legal action provided for in the Conditions (or that it is entitled to under the applicable legislation), this will not constitute a formal waiver of its rights.
The relations established between Jardín de Tramas and the Users as a consequence of the use of the services we provide through the Website, will be governed by the Spanish regulations in force in relation to the applicable legislation and the competent jurisdiction. However, for the cases in which the current regulations foresee that the parties may submit to a specific jurisdiction, Jardín de Tramas and the Users, with express waiver of any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of the city indicated in the Legal Notice.