CONDITIONS OF ACCESS AND USE OF THE WEB
A. General issues
Triple Cherry, Sociedad Limitada (Triple Cherry), through the website, provides information to its clients and users about its corporate identity, organization, activities, projects, products and services.
The information contained in the web referring to the company is current at the time of publication, ensuring that it is always accurate, proceeding to update as quickly as possible, trying to avoid mistakes and correcting them as soon how they could be detected. In any case, Triple Cherry can not guarantee the absence of errors in it or that the content of the information is permanently updated.
Triple Cherry may make, at any time and without prior notice, modifications, deletions or updates of the information and conditions contained on the website or its presentation, configuration, access, use, functionality and content.
The information provided in response to any query or request for information is purely indicative and / or informative, and in no case will be binding for Triple Cherry, unless expressly indicated otherwise.
The contents of the website can be downloaded into the user’s terminal whenever it is for private use and without any commercial purpose, but they cannot be exploited, reproduced, distributed, modified, publicly communicated, assigned or transformed, unless specifically authorized. and express.
B. General conditions of use of the website
These general conditions regulate the access and use of the web that Triple Cherry makes free of charge to its customers and users. The present general conditions will be applied to the activities of supply of information as, where appropriate, promotional, that are carried out through the web, so that these conditions will govern both the access, navigation and use of the web.
The access, navigation or use of any utility, tool, application or service of the web entails the acquisition by the user of such condition for the present purposes.
The access, navigation or use of the website implies unreserved acceptance by the user of each and every one of the general conditions of access and use of the website in force at each time the user accesses it, as well as in its moment and case, of the general contracting conditions established for the acquisition of goods or the provision of services, of the particular conditions that, where appropriate, may govern the acquisition of products or the provision of services and of the same. Consequently, if the user does not agree with any of the conditions set forth herein, he / she must refrain from accessing and using this website and its utilities and contents, as well as from registering in it.
Triple Cherry reserves the right to modify at any time these general conditions of use of the web as well as any other general or particular conditions, regulations of use, instructions or warnings that result from application. Triple Cherry reserves the right to modify at any time the presentation, configuration and location of the website, as well as the contents and conditions required to use them. And, likewise, Triple Cherry reserves the right to suspend, interrupt or stop operating the website or its contents, tools and applications at any time.
The conditions of access and use of this website are governed by the principles of legality and good faith, committing the user to use the website, as well as the information or services provided in accordance with the Law, morality, good customs and public order.
Through the web, Triple Cherry provides its customers and users with information about their corporate identity, activities, content and services, made available to their customers and users by Triple Cherry or, when appropriate and by third parties.
2. Conditions of access and use
2.1. User requirements. The access and use of this website is aimed at people who wish to obtain information about the organization, its projects and services and use its tools, options and content, so that Triple Cherry is exempt from liability in the event that when filling in any contact form has been inserted false or erroneous data regarding the user, corresponding in any case the same to the user or their legal representatives. Triple Cherry reminds users of legal age who are in charge of minors, that it will be their sole responsibility to determine what services and / or contents are or are not appropriate for the age of the latter, there are computer programs that allow filtering and blocking access to certain contents and services.
2.2. Access and use of the website. The user accepts that the access and use of the web and / or the contents included in it takes place freely and consciously, under his sole responsibility. The access to the web and / or to the contents included in it does not imply any kind of guarantee regarding the suitability of the web and / or the contents included for specific profiles or purposes of the users. Triple Cherry may establish additional limitations and / or specific conditions for the use and / or access to the website and / or the contents and services, which must be observed by the users in any case.
2.3. Authorized use of the web and contents. The user undertakes to make appropriate and lawful use of the website and its contents, in accordance with the applicable legislation, these general conditions of use of the website, morality and generally accepted good customs and public order. Triple Cherry does not assume any responsibility derived from the improper or inappropriate use of the contents and services made available to the user, nor of its contents and services, nor can it guarantee, even if it is its spirit, the connectivity and uninterrupted operation of the web application and the communications effectiveness.
With regard to the authorized use of the website and its contents, the user must abstain, by way of example but not limitation, of: a) Making unauthorized or fraudulent use of the website and / or content; b) Access or attempt to access resources or restricted areas of the web, without complying with the conditions required for such access; c) Use the website and / or the contents for illicit purposes or effects, illegal, contrary to the provisions of these general conditions, good faith and public order, harmful to the rights and interests of third parties, or that of any can damage, disable or overload the web, the image or business of Triple Cherry, or prevent the normal use or enjoyment of the web; d) Causing damage to the physical or logical systems of Triple Cherry, its suppliers or third parties; e) Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of Triple Cherry, its suppliers or third parties; f) Attempt to access, use and / or manipulate the data of Triple Cherry , third party providers and other users; g) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless the authorization of the owner of the corresponding rights is available or it is legally permitted; h) Delete, hide or manipulate the legends and information on intellectual or industrial property rights and other data identifying the rights of Triple Cherry or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may inserted in the contents; i) Obtain and try to obtain the contents using means or procedures different from those that, according to the cases, have been made available for this purpose or have been expressly indicated on the website where the contents are or, in general, , of those commonly used on the Internet because it does not involve a risk of damage or disablement of the website and / or contents.
With regard to the contents and services made available to the user through the web, the user undertakes, by way of example but not limited, not to use, transmit, disseminate or make available to third parties through the contracted services, contents that in any way: a) Are contrary to or disparage or undermine privacy and other fundamental rights and public liberties recognized constitutionally, in international treaties and in the rest of the legal system, as well as infringe rights of third parties; b) Induce, incite or promote criminal, denigrative, defamatory, infamous, violent or, in general, contrary to law, morals, good customs or public order actions; c) Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition; d) Incorporate, make available or allow access to content, elements, messages and / or services that are criminal, violent, pornographic, degrading or, in general, contrary to the law, morality and generally accepted good practices or public order; e) Induce or may induce an unacceptable state of anxiety or fear; f) Induce or incite to engage in dangerous, risky or harmful practices for health and psychic balance; g) They are false, ambiguous, inaccurate, exaggerated or extemporaneous, so that they may mislead about their object or about the intentions or purposes of the caller; h) They are protected by any intellectual or industrial property rights belonging to third parties, without the client having previously obtained from their owners the necessary authorization to carry out the use made or intended to be made or made; i) Contain a “copyright” or other identifying data of the rights or technical protection devices, fingerprints or any information mechanisms that have been subject to deletion or manipulation; j) Violate the business secrets of third parties; k) are contrary to the right to honor, personal and family privacy or to the image of individuals; l) Violate the regulations on the secrecy of communications; m) They constitute illicit, misleading or unfair advertising and, in general, that constitute unfair competition; n) Incorporate viruses or other physical or electronic elements that may damage or impede the normal operation of the network, system or computer equipment – hardware and software – of third parties or that may damage or allow unauthorized access to information, electronic documents and files stored on said equipment or terminals; ñ) Difficult the normal functioning of the services by their characteristics.
The user undertakes not to access or attempt to access tools, utilities or functionalities through mechanisms / means other than the interface provided by any application that he hires, unless it has been expressly authorized by Triple Cherry.
The user undertakes to make diligent use, where appropriate, of the access codes to restricted areas of the web, content and services, being responsible for their security and confidentiality and having the obligation and exclusive responsibility to keep them and guard them in a safe place in order to prevent access to unauthorized third parties. The user also undertakes to notify the entity, as soon as possible, of any incident that may arise or may result in a risk to the confidentiality of the data.
The user undertakes not to participate in any activity that hinders or interferes in the operation of the website, contents and associated services.
The user undertakes to respect national and international anti-spam regulations, and must refrain from sending advertising of any kind and electronic communications for the purpose of sale, advertising or other commercial purposes to a plurality of persons without their prior request or consent, send any other unsolicited messages or previously consented to a plurality of people, send chains of unsolicited or previously consented electronic messages, use distribution lists that can be accessed through the service for the performance of the activities indicated above or put available to third parties, for any purpose, data collected from the distribution lists. The user must respect the regulations in force at all times for the sending of advertising or promotional communications, especially as regards the prior consultation of the advertising, general and sector exclusion files.
Triple Cherry will not be liable and reserves the right to the immediate interruption of services in the event that it is aware that the user uses or uses said content for activities considered illegal, or for the transmission of content contrary to morality, public order or legal system, or that violate the right to privacy or the Intellectual or Industrial Property Rights of third parties.
2.4. Access and use of the contents. The user can access the contents, contents and services integrated in the web in the terms and conditions that accompany them, either through visualization, access and remote use or, where appropriate, download, well understood that the user will acquire a mere right of personal and limited use thereof, authorizing exclusively the access and use of content and services exclusively to the purchaser thereof for their strictly personal use to meet their own needs, in response to the particular conditions governing their access and use. The use of content and services by any third party not authorized by Triple Cherry, as well as any use of the web content for commercial purposes by the acquirer or a third party without the express authorization of Triple Cherry, which especially includes any reproduction, is expressly prohibited. modification, copy, exploitation, commercialization, distribution, public communication, transmission, shipment, reuse, publication, treatment or any other total or partial use or fixation, in any way, medium or format currently known or that is invented in the future, either from the original or from an authorized copy, be the provisional or permanent fixation for any of the purposes set forth herein and that, in short, are contrary to the rules on exclusive rights of exploitation corresponding to Triple Cherry in the field of intellectual property, being prosecutable in accordance with current legislation.
2.5. The user is the sole owner or licensee or authorized holder of the information and content that he/she provides or discloses through this website, utilities, services, applications and games that Triple Cherry makes available to him/her, as well as its truthfulness, topicality, legality and legitimacy, so that in accordance with the provisions of these conditions, no liability may be required from Triple Cherry for damages of any nature and class that may derive from the use and use of the website and its utilities, tools, contents and services, as well as from the use, supply, communication and / or exploitation of content by the user or third parties.
2.6. The user is solely responsible to any third party for damages or losses derived, directly or indirectly, from the contents incorporated or generated by it, and is obliged to perform whatever is necessary to leave Triple Cherry on the sidelines and safe from claims or demands of any kind, including those related to Public Administrations in relation to the operation or content of the messages transmitted.
2.7. Introduction of Links. Those users wishing to establish a hyperlink, link or link between their website and the web (hereinafter the “link”) must comply with the following obligations: a) The link will only allow access to the website, but may not reproduce it. no way; b) Deep links are forbidden; c) Practices such as “framing”, “border environment” and any other use of the contents of the website or corporate image of the company in favor of users or unauthorized third parties are expressly prohibited; d) False, inaccurate or incorrect statements or indications about the web will not be made; e) You cannot express or induce to understand that Triple Cherry has supervised or assumed in any way the contents or services offered or advertised on the web in which the link is established or that there is a non-existent relationship or commercial, professional or corporate relationship; f) The website where the link is established will not contain any brand, commercial name, establishment label, denomination, logo, slogan or other distinctive signs belonging to Triple Cherry or to third parties, without their authorization; g) The website on which the link is established will not contain illicit information or content, contrary to morality and generally accepted good practices and public order, or contrary to any rights of third parties; h) The practice does not affect or may adversely affect the image of Triple Cherry and its products and services. The establishment of the link does not imply in any case the existence of any relationship between Triple Cherry and the owner and / or operator of the website on which it is established, nor the knowledge, acceptance and / or approval by Triple Cherry of its contents and / or services. Triple Cherry will not be liable for the consequences that may arise from the introduction of links by third parties, or the content, information and / or services offered on the websites where the link has been established. The website includes links to third-party websites that are considered to be of interest to users. Triple Cherry does not assume any responsibility derived from the connections or the contents of those links.
2.8. The user agrees to comply with these conditions of access and use with any changes that may suffer in the future and that will be published immediately on the web and inserted in this section, as well as the particular conditions that result from application. Likewise, it is obliged to comply with the special warnings or instructions for use contained therein or on the website, and to act in good faith and in accordance with the Law, morality and good customs, using due diligence to the nature of the service, abstaining from using the web, utilities or contents in a way that could impede, hinder, damage or deteriorate the normal functioning of the same, the image, assets or rights of Triple Cherry, customers, suppliers or third parties.
2.9. To the present effects and for any communication that is necessary between Triple Cherry and the user, requests, questions, suggestions or complaints, this can be addressed by email to the following address email@example.com or by written communication addressed to the following address postal: Carrer de les Sureres 1, piso 1º 1ª, CP 46014 Valencia (Spain). Triple Cherry communications to the user will be made at the postal or electronic addresses provided by the latter when registering. The user expressly accepts the email as a means and channel of valid notification for the practice of any communication related to the web, its use, utilities, contents and / or the acquisition of goods or services.
3. Industrial and intellectual property rights
3.1. The web, design, developments, computer programs, applications, “Triple Cherry” software, technical documentation, user manuals, texts, images, brands and other distinctive signs, graphics, logos and buttons that integrates you as well as its graphic representation, structure, Selection, arrangement and presentation of its contents, audio, archives, databases and its own contents therein are protected by Spanish, community and international intellectual property laws and international treaties. All intellectual property rights are reserved on all this. The user acknowledges and accepts that all industrial and intellectual property rights on the web, its contents and / or any other elements included in the web and software called “Triple Cherry” (including without limitation, brands, logos, trade names, other signs badges, texts, documents, methodologies, processes, procedures, images, graphics, icons, photographs, designs, sounds, databases, software, flowcharts, presentation, programming elements, web design, audio and video), belong to Triple Cherry, its suppliers and / or third parties who have authorized them to be included in them, with the exception of those incorporated by the lawful and legitimate user. In no case does access to the application imply any type of waiver, transmission, license or total or partial transfer of said rights or expectation of law, unless expressly stated otherwise.
3.2. These general conditions of use of the web application do not grant the user any other right to use the web and / or its associated tools, functionalities, contents and services other than those expressly and formally recognized according to their requests. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by Triple Cherry.
3.3. The unauthorized use of the information contained in the website and / or its contents, its resale, as well as the damage to the intellectual or industrial property rights of Triple Cherry or its image in the market will entail the requirement of legal responsibilities that proceed before competent national and international bodies and courts.
5.1. Triple Cherry is aware of the risks derived from facing the new challenges involved in the provision of services or use of applications or communication tools through communication networks, especially the Internet, so has provided for stringent security measures to reduce such risks. However, Triple Cherry cannot guarantee the absolute invulnerability of its security systems, so it excludes any type of liability for damages of any kind and nature that may be due to the presence of viruses or other elements that may cause alterations in the computer system (software and hardware), terminals, electronic documents and files of the user or of any third party.
5.2. The user is informed that the use of electronic systems for data transmission, email and sending messages to mobile phones through technological platforms do not offer absolute guarantees of security. Triple Cherry and the user mutually exonerate themselves from any liability arising from events such as non-receipt or delay of the same, the error or interception of communications.
5.3. Access to the application and associated tools such as the non-consensual use that may be made of the information and contents thereof is the sole responsibility of the person who carries it out. Triple Cherry will not be held liable for any consequence or damage that may result from that access or use.
6.- Exclusion of guarantees and liability
6.1. Exclusion of guarantees and responsibility for the operation of the web and information services requested. Triple Cherry does not guarantee the availability and continuity of the functioning of the web, its contents or those of other websites with which a link has been established. Likewise, Triple Cherry will not be in any case responsible for any damages that may arise, with a merely enunciative character that does not limit a) The lack of availability or accessibility to the web and its contents or to those other sites with which established a link; b) The interruption in the operation of the web or computer failures, telephone faults, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, in the Internet system or in other electronic systems produced in the course of its operation; c) The lack of suitability of the web for the specific needs of the users; d) Other damages that may be caused by third parties through unauthorized inferences or intromissions beyond the control of Triple Cherry; e) The impossibility of providing the service or allowing access and use for reasons not attributable to Triple Cherry, due to the user, third parties, or force majeure and; f) The lack of permanent updating of its contents and of the divergences of the information, documentation and contents of the web, of its appearance, graphic representation and visualization with the printed version.
In order to reduce the risk of virus introduction on the web, Triple Cherry uses virus detection programs to control all the contents that it introduces on the web. However, Triple Cherry does not guarantee the absence of viruses or other elements on the web introduced by third parties other than Triple Cherry that may cause alterations in the physical or logical systems of users or in electronic documents and files stored on their systems, maximum if it is content distributed by third parties. Consequently, Triple Cherry will not be responsible in any case for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of users.
Triple Cherry adopts various protection measures to protect the web and its contents against computer attacks by third parties. However, Triple Cherry does not guarantee that unauthorized third parties cannot access the type of use of the website made by the user or the conditions, characteristics and circumstances in which said use is made. Consequently, Triple Cherry will not be responsible in any case for any damages that may result from such unauthorized access.
Triple Cherry will not be responsible for the inadequate functioning of the system if this is due to maintenance of the same, incidents that affect to international operators, to an overload of the system not attributable to Triple Cherry, to a defective configuration of the user’s equipment or to its insufficient capacity to support the essential computer systems to be able to use the service. Triple Cherry will not be responsible for failures and / or damages derived from the incompatibility of the services with other services or computer programs with which it is not specifically interoperable.
Triple Cherry is not responsible for failures that occur in communications and networks, not guaranteeing the availability and continuity of the operation of the application, associated tools and services, therefore Triple Cherry does not guarantee the absence of interruptions or errors in the access to the application, associated tools, its utilities or its content, or that all of this it finds permanently updated. Triple Cherry will carry out, as long as they are of its competence and there are no causes that make it impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections or lack of updating, all those tasks aimed at correcting errors, resetting the communication and update the tool.
6.2 Exclusion of guarantees and responsibility for the use of the web, contents, applications and / or related services. Triple Cherry does not control, in general, the use that users make of the web and its contents and applications. Triple Cherry does not guarantee or be liable under any circumstances for the use that users and / or third parties may make of the web, its contents, applications or related services, or the damages that may arise from it.
6.3 Exclusion of guarantees and responsibility for the contents. Triple Cherry does not guarantee or be responsible for the adequacy of each of the contents published on the web for specific user profiles of the web. Triple Cherry does not edit the contents of third parties published on the web, consequently, it does not guarantee nor is responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of said contents. Triple Cherry will not be responsible in any case for any damages that may arise from a) The lack of legality, reliability, usefulness, accuracy, completeness, and / or timeliness of the contents originated by third parties; b) The unsuitability for any purpose and the disappointment of the expectations generated by the contents; c) Decisions or actions taken or avoided by the user relying on the information or data provided or provided in the contents, including without limitation the loss of benefits or business opportunities.
6.4 Exclusion of guarantees and liability in relation to the links. The website offers users technical link devices that allow users to access pages and / or websites belonging to and / or managed by third parties. Triple Cherry verifies the existing content on these pages at the time it establishes a link to them and does so in the good faith belief that such content complies with the applicable legislation. However, in no case, Triple Cherry is responsible, approves, nor does it own the products, services, contents, information, data, files and any kind of material existing in such web pages and does not control or be responsible, approves or makes the successive modifications of said materials. In the event that it deems it appropriate or is required by court or administrative order, Triple Cherry will remove the links to those web pages that infringe the applicable legislation and / or damage the rights of third parties.
6.5. Triple Cherry declines any responsibility for damages of any kind and nature that may arise from the lack of availability or uninterrupted continuity of the operation of the service motivated by causes beyond its control, of the loss of the benefit or expected utility that Triple Cherry or its users could have attributed to the utilities or services, or the fallibility of all this. Triple Cherry will not be liable in any case for any special or indirect damage, or for any other damage resulting from a loss of use, data or benefits, or in a legal action by contract, negligence or any other type, derivative or related to the use, performance or information available on the web.
8.- Actions in case of non-compliance
Triple Cherry reserves the right to exercise as many actions as you can under the current law and applicable at any time and in any case to demand the responsibilities arising from the breach of any of the provisions of these general conditions of use the website and / or related services by a user.
The declaration of any of these general conditions of access and use as null, invalid or ineffective will not affect the validity or effectiveness of the rest, which will remain binding between the parties. The waiver by any of the parties to demand at any given moment the fulfillment of any of the general conditions stipulated herein shall not imply a general waiver of compliance with another condition or conditions, nor shall it create a right acquired for the other party.
10.- Applicable law and competent jurisdiction
The present general conditions of access and use of the web will be governed and interpreted in accordance with the Laws of Spain. For the resolution of any dispute that may arise from the access and use of the web, the user and Triple Cherry submit, expressly waiving any other jurisdiction that may correspond, to the Courts and Tribunals of the city of Valencia (Spain).
IMPORTANT: In case there are differences or contradictions between the versions of this policy published and / or translated into other languages, the English version will prevail in any case.
© 2020 TRIPLE CHERRY, SOCIEDAD LIMITADA. ALL RIGHTS RESERVED