LEGAL DISCLAIMER AND DATA PROTECTION GENERAL TERMS AND CONDITIONS OF USE
LEGAL DISCLAIMER AND DATA PROTECTION GENERAL TERMS AND CONDITIONS OF USE
The website www.leandro-navarro.com (hereinafter the “Website”) is owned by GALERIA LEANDRO NAVARRO S.L (hereinafter “THE COMPANY”), a limited liability company with registered address at Amor de Dios nº 1 (28014) Madrid, Spain, CIF registration number B83614693, Mercantile record of Madrid, Volume 18.801, Sheet of paper 141, Section 8, Sheet M-327808, Registration 1ª. THE COMPANY welcomes you to its Website and invites you to carefully read this Website’s General Terms and Conditions of Use carefully (hereinafter, the “General Terms and Conditions of Use”), which describe the terms and conditions that shall apply when browsing through the website in accordance with the Spanish applicable laws and regulations. Given that THE COMPANY may modify these Terms and Conditions of Use in the future, we recommend that you visit them regularly to be duly informed of any changes that may have been made.
In order to ensure that the use of the Website is in accordance with the criteria of transparency, clarity and simplicity, THE COMPANY hereby informs the User that any suggestion, doubt or query regarding these General Terms and Conditions of Use will be received and resolved by contacting THE COMPANY through the telephone number +34 (914.298.955) or the e-mail address email@example.com
THE COMPANY provides the contents and services available on the Website pursuant to these General Terms and Conditions of Use and its personal data processing policy (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any way whatsoever shall grant you the status of “User” and shall entail the unreserved acceptance of each and every one of these General Terms and Conditions of Use, which THE COMPANY reserves the right to amend at any time. Consequently, all Users shall be responsible for carefully reading the prevailing General Terms and Conditions of Use each time they access this Website. Hence, if they should disagree with any of them, they shall refrain from using this Website. Furthermore, you are hereby informed that specific conditions may be established from time to time to use certain of the Website’s contents and services. The use of such contents and services shall entail acceptance of the specific terms and conditions set forth therein.
THE COMPANY offers Users the possibility of accessing information on the services offered (hereinafter the “Services”) through the Website.
3. Privacy and Data Processing
Where it is necessary to provide personal data to gain access, Users shall ensure the truthfulness, accuracy, authenticity and up-to-date nature of such data. THE COMPANY shall automatically process such data in a way which corresponds to their nature and purpose under the terms set forth in the section on the Data Protection Policy.
4. Industrial and Intellectual Property
The User hereby acknowledges that all the contents displayed on the Website and particularly the designs, texts, images, logos, icons, buttons, software, trade names, trademarks or any other signs susceptible of industrial and/or commercial use are subject to intellectual property rights and that all the trademarks, trade names or distinctive signs, as well as all the industrial and intellectual property rights over the contents and/or any other elements inserted on the Website’s pages are solely owned by THE COMPANY and/or by third parties, which shall be exclusively entitled to use them in the course of trade. Due to all of the above, the User shall undertake not to reproduce, copy, distribute, make available or publicly communicate, transform or modify such contents in any other way whatsoever and shall hold THE COMPANY harmless against any claim which may arise from a breach of such obligations. Under no circumstances access to the Website shall entail any kind of waiver, transfer, licence or total or partial assignment of such rights, except where expressly set forth otherwise. These General Terms and Conditions of Use of the Website do not confer upon the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than as expressly set forth herein. Any other use or exploitation of any rights shall be subject to the prior express authorization specifically granted for such purpose by THE COMPANY or by the third-party holder of the rights thus affected. The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general terms, any intellectual creation existing on this Website, as well as the Website itself as a multimedia work of art, are protected by copyright pursuant to the applicable laws and regulations on intellectual property. THE COMPANY is the owner of the elements which make up the Website’s graphic design, along with its menus, navigation buttons, HTML code, texts, images, textures, graphics and any other contents of the Website or, in any event, it holds the relevant authorization for the use of such elements. The contents arranged on the Website may not be reproduced, either wholly or in part, nor may they be transmitted or recorded by any information recovery system in any way or by any means whatsoever, unless prior written authorization thereof has been granted by THE COMPANY. Furthermore, deleting, eluding and/or manipulating the copyright, as well as any technical protection devices or other information mechanisms the contents may contain is prohibited. The User of this Website shall undertake to respect the rights set forth herein and to avoid any actions that may harm them. In any event, THE COMPANY reserves the right to exercise any legal proceedings or actions it may be entitled to in order to defend its legitimate property, intellectual and industrial property rights.Data Protection Policy.
5. Obligations and Liabilities of the Website User
The User shall undertake to: a) Make proper and lawful use of the Website, as well as of the contents and services in accordance with: (i) the legislation in force at any one time; (ii) the Website’s General Terms and Conditions of Use; (iii) generally accepted practices; and (iv) public order.
b) Provide himself/herself with all the technical means and requirements needed to access the Website.
c) Provide truthful information when filling in his/her personal data in the forms contained in the Website and to keep such data up to date at all times, so that they reflect the User’s current situation at any given moment. The User shall be held solely liable for any false or inaccurate statements he/she may make and for the damages the information thus provided may cause to THE COMPANY or to any third party.
Notwithstanding the provisions set forth in the preceding section, the User shall also refrain from:
a) Making unauthorized or fraudulent use of the Website and/or of the contents thereof for illegal purposes or effects prohibited by these General Terms and Conditions of Use, or any use which harms the rights and interests of third parties, or in any way which may damage, render useless, overload, deteriorate or impede the normal use of the services, documents, archives and all kinds of contents stored in any computer equipment.
b) Accessing or attempting to access the Website’s restricted resources or areas without fulfilling the conditions required for such access.
c) Provoking damages to the Website’s physical or logical systems or those of its providers or third parties.
d) Introducing into or disseminating through the Web computer viruses or any other physical or logical systems which are likely to cause damages to THE COMPANY’s physical or logical systems or to those of its providers or third parties.
e) Attempting to access, use and/or manipulate THE COMPANY’S data or those of third-party providers and other Users. f) Reproducing, copying, distributing or allowing public access through any means of public communication, or transforming or changing the contents, unless authorization thereof by the holder of the corresponding rights has been granted or where it is legally allowed. g) Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of THE COMPANY or of third parties included in the contents, as well as any technical protection devices or information mechanisms which may have been inserted in the contents.
h) Obtaining or attempting to obtain the contents by using means and procedures other than those which, as appropriate, may have been placed at his/her disposal for such purpose or which have been expressly indicated in the web pages where the contents are located or, in general terms, those which are normally used on the Internet, as they do not pose a risk of damaging or rendering useless the Website or its contents.
i) More specifically, the User shall undertake not to transmit, disseminate or place at the disposal of third parties information, including, but not limited to, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general terms, any other kind of materials which:
(i) Are in any way contrary to, deride or go against the fundamental rights and public freedoms recognized in the Spanish Constitution, international treaties and in the rest of applicable legislation.
(ii) Induce, incite or promote criminal, insulting, defamatory or violent behaviors or which, in general terms, are contrary to the law, morals, generally accepted customs or public order.
(iii) Induce, incite or promote discriminatory actions, attitudes or thoughts for gender, race, religion, beliefs, age or condition reasons.
(iv) Incorporate, make available or allow access to products, elements, messages and/or services which are criminal, violent, offensive, harmful, degrading or, in general terms, contrary to the law, morals, generally accepted customs or public order.
(v) Induce or could induce an unacceptable state of anxiety or fear.
(vi) Induce or incite involvement in dangerous, risky or harmful practices as regards health and psychological well-being.
(vii) Are protected by legislation on the intellectual or industrial property owned by THE COMPANY or by third parties, without having been duly authorized to perform the intended use thereof.
(viii) Are contrary to the honor, personal and family privacy or self-esteem of people.
(ix) Constitute advertising of any kind.
(x) Include any kind of virus or program which impedes the Website from functioning normally. If the User is provided with a password to access any of the services and/or contents of the Website, he/she shall undertake to use it diligently and to keep it secret at all times. Consequently, the User shall be held liable for the password’s custody and confidentiality and shall undertake not to disclose it to third parties, either temporarily or permanently, or allow other people to access to the aforementioned services and/or contents. The User shall likewise be obliged to give THE COMPANY notice of any fact that could lead to an improper use of his/her password, including, but not limited to, theft, loss and unauthorized access, so that it may be immediately cancelled. Consequently, while the aforementioned notice is not given, THE COMPANY shall be held harmless from any liability that may arise from the improper use of the User’s password and he/she shall be held liable for any illegal use made of the Website’s contents and/or services by any unauthorized third party. Should the User negligently or fraudulently breach any of the obligations set forth in these General Terms and Conditions of Use, he/she shall be held liable for any damages such breach may cause to THE COMPANY.
THE COMPANY shall not guarantee continued access to or the proper display, downloading or utility of the elements or information contained on THE COMPANY’s web pages, access to which may be impeded, made difficult or interrupted by factors beyond its control. THE COMPANY shall not be held liable for any decisions that may be taken as a result of access gained to the contents and information being offered. THE COMPANY may interrupt the service or immediately terminate the relationship with the User should it detect that use has been made of its Website or any of the services offered therein which is contrary to these General Terms and Conditions of Use. THE COMPANY shall not be held liable for any damages, losses, claims or expenses arising from the use of the Website. It shall solely be liable for eliminating as soon as possible any contents which may cause such damages, as long as notice thereof has been served. More specifically, it shall not be liable for any damages which, among others, may arise from:
(i) interferences, interruptions, failures, omissions, telephony breakdowns, delays, blockages or disconnections in the functioning of the electronic system caused by deficiencies, overloads and errors in telecommunications lines and networks, or due to any other causes beyond THE COMPANY’S control.
(ii) illegal intrusion through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
(iii) improper or inappropriate abuse of the Website.
(iv) security or browsing errors caused by browser malfunctions or due to the use of outdated versions thereof. THE COMPANY’S administrators reserve the right to remove, either wholly or in part, any contents or information present in the Website. THE COMPANY shall be held harmless from any liability arising from damages of any nature that may be due to the misuse of the freely available services and the use made of them by the Website’s Users. Likewise, THE COMPANY shall be held harmless from any liability arising from the contents and information which may be received as a consequence of data gathering forms, which solely exist for the provision of query and doubt resolution services. Additionally, should damages be caused by an illegal or improper use of such services, a claim may be brought by THE COMPANY against the User for any damages thus caused.
The User shall defend, indemnify and hold THE COMPANY harmless against any damages which may arise from third-party claims, actions and complaints resulting from the User’s access and use of the Website. Likewise, the User shall indemnify THE COMPANY against any damages which may arise from the User employing robots, spiders, crawlers or other similar tools in order to gather or extract data, or from any other action performed by the User which imposes an unreasonable load on the Website’s functioning.
7. Hyperlinks The User shall undertake not to reproduce THE COMPANY’s Website or any of its contents in any way whatsoever, not even through a hyperlink, except where express written authorization thereof has been granted by THE COMPANY. THE COMPANY’s Website includes links to other websites managed by third parties, the purpose of which is to facilitate access by the User to the information provided by collaborating companies and sponsors. THE COMPANY shall therefore not be held liable for the contents of such websites nor be in a position to guarantee or offer the services and/or information that may be offered to third parties through third-party links. The User shall be granted a limited, revocable and non-exclusive right to create links to the Website’s home page solely for private non-commercial use. Any websites including a link to our Website
(i) shall not imply that THE COMPANY recommends such websites or their services or products;
(ii) shall not provide misleading information about their relationship with THE COMPANY or affirm that THE COMPANY has authorized such link, or include trademarks, brands, trade names, logos or other distinctive signs belonging to THE COMPANY;
(iii) shall not include contents which may be deemed to be in bad taste, obscene, offensive, controversial or which incite violence or discrimination for gender, race, religion, beliefs, age or condition reasons, or which are contrary to public order or illegal;
(iv) shall not provide a link to any page of the Website other than the home page; (v) shall provide a link to the Website’s own URL, without allowing the website containing the link to reproduce the Website as part of its web, within one of its frames or create a browser on any of the pages of the Website. THE COMPANY has the right to request the deletion of any link to the Website at any time, after which such link shall be immediately eliminated. THE COMPANY is unable to check the information, contents, products or services provided by other websites which have established links leading to the Website. Consequently, THE COMPANY shall not be held liable for any aspect concerning such websites.
8. Data Protection
In order to use some of the Services, Users shall previously have to provide certain personal data. For such purpose, THE COMPANY shall automatically process the personal data pursuant to Act 15/1999 of 13 of December on the Protection of Personal Data and Royal Decree 1720/2007, which develops it. The User may therefore access the personal data policy followed, as well as the purposes previously established thereof in accordance with the terms and conditions set forth in this Website’s Data Protection Policy.
THE COMPANY reserves the right to use cookie technology in the Website in order to recognize the User as a frequent User and to customize the use made of the Website by pre-selecting the User’s language or favorite or specific contents. The cookies used by the Website or by the third party acting on its behalf shall solely be associated to an anonymous user and his/her computer and shall not provide the User’s data on their own. Cookies are files sent to a browser through a Web server to record the User’s browsing through the Website, where the User allows them to be received. Cookies may be deleted and, in order to do so, the browser’s user instructions should be consulted. Using cookies, THE COMPANY can identify the user’s browser to provide content, adhere to the user’s browsing and advertising preferences or demographic profile, and measure website traffic.
10. Term and Termination
In principle, the provision of this Website and the other services is for an indefinite term. Nonetheless, THE COMPANY may terminate or suspend any of the portal’s services. Where possible, THE COMPANY shall announce the termination or suspension of the provision of a specific service.
11. Statements and Guarantees
In general terms, the contents and services offered on the Website are for merely informative purposes. Consequently, by offering them, THE COMPANY does not grant any guarantee or make any statements regarding the contents and services offered on the Website, including, but not limited to, guarantees of lawfulness, reliability, utility, veracity, accuracy or commercial worth, except where such statements and guarantees may not be excluded by Law.
12. Force Majeure
THE COMPANY shall not be held liable in cases where it should turn out to be impossible to provide the Service due to prolonged interruptions in the supply of power or telecommunications lines, social unrest, strikes, rebellion, explosions, floods, Government’s actions and omissions and, in general terms, any of the circumstances considered as force majeure.
13. Dispute Resolution. Governing Law and Jurisdiction
These General Terms and Conditions of Use, as well as the use of the Website shall be governed by Spanish Law. Any dispute which may arise shall be settled before the courts of Madrid. Should any provision contained herein become unenforceable or null and void in accordance with the applicable laws and regulations or as a result of a court judgment or administrative resolution, such unenforceability or nullity shall not make these General Terms and Conditions of Use unenforceable or null and void as a whole. In such cases, THE COMPANY shall proceed to amend or replace such provision by another which is valid and enforceable and which, in as much as possible, attains the purpose and intent reflected in the original provision
DATA PROTECTION POLICY
The website www.leandro-navarro.com (hereinafter the “Website”) is owned by GALERIA LEANDRO NAVARRO S.L (hereinafter “THE COMPANY”), a limited liability company with registered address at Amor de Dios nº 1 (28014) Madrid, Spain, CIF registration number B83614693, Mercantile record of Madrid, Volume 18.801, Sheet of paper 141, Section 8, Sheet M-327808, Registration 1ª.
THE COMPANY guarantees the protection of all Personal Data supplied by the Website User (hereinafter “Personal Data”) and, according to the Spanish Data Protection Act 15/1999 of 13th of December (hereinafter “Data Protection Act”) and the Royal Decree 1720/2007 of 21th of December (hereinafter “Royal Decree”), informs you that:
a) The Personal Data will be used according to the Data Protection Act and the Royal Decree, and, will be included in the file “Customers”, which is duly registered in the Spanish Data Protection Agency, and which has been created and kept under the responsibility of THE COMPANY.
b) The Personal Data are collected by THE COMPANY with the following purposes:
1. Send information about artists and their works represented
2. To send advertisements, newsletters and other communications to your email address or personnel.
c) THE COMPANY has taken all the safety measures needed to avoid the loss, the non-authorized access, and the manipulation of your Personal Data during their collection and use by THE COMPANY, and all that according to what it is set up in the Royal Decree.
d) THE COMPANY undertakes to protect all the confidential information collected through the Website, according to the terms and conditions set up in the Data Protection Act.
e) THE COMPANY will never use your Personal Data to provide different services to someone else which is not set up in the paragraph b) of this document, or in his case, for an own benefit.
f) The User certifies that he is over fourteen years old and has the legal capacity needed to provide his consent for the use of his/her Personal Data by THE COMPANY, according to what it is set up in the terms and conditions of the present document.
g) You are entitled to exercise your rights of access, rectification, cancellation and opposition by addressing such written application to THE COMPANY.