Accessing, browsing and using the website www.bitsneakers.es (hereinafter, the "Website") implies express and unreserved acceptance of all the terms of this Legal Notice. Its observance and compliance will be enforceable with respect to any person accessing, browsing or using the Website.
Holder: BITSNEAKERS.ES (from now on, the "Holder")
The present Legal Notice regulates the access, navigation and use of the Web Site, without prejudice that the Holder reserves the right to modify the presentation, configuration and content of the Web Site, as well as the conditions required for its access and/or use. Access and/or use of the Website after the entry into force of its modifications or changes implies acceptance of the same.
However, access to certain content and the use of certain services may be subject to certain specific conditions, which will in any case be clearly displayed and must be expressly accepted by Users. These particular conditions may replace, complete or, where appropriate, modify those established in this Legal Notice.
3 ACCESS AND REGISTRATION
Access to and use of the Website does not require registration. However, by accessing and browsing the Website, the User accepts in its entirety and undertakes to comply fully with this Legal Notice, as well as any instructions or recommendations that may be indicated in each specific case through the Website.
In any case, it is forbidden for minors under fourteen (14) years of age to access and browse the Website, unless they have the prior and express authorisation of their parents, guardians or legal representatives, who shall be held responsible for the acts carried out by the minors in their care, in accordance with current legislation. In any case, it shall be presumed that access by a minor to the Website has been made with the prior and express authorisation of their parents, guardians or legal representatives.
4 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the brands, commercial names or distinctive signs of any type that appear in the site www.bitsneakers.es are property of the Holder, of the suppliers or of third parties and transferred to BITSNEAKERS.ES without it can be understood that the use or access to the site and/or to the offered services attributes to the User any type of right on the brands, commercial names or distinctive signs.
Likewise, the contents are the intellectual property of the Owner, suppliers or third parties, and may not be understood to be transferred to the User, nor may the User make use of them beyond what is strictly necessary for the correct use of the Website and its services.
This clause includes, but is not limited to: images, sound, video, software, texts, brands, logos, colour combinations, structure and design, selection of materials used, computer programmes necessary for its operation, access and use, etc.
Pursuant to the provisions of RDL 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, the reproduction, distribution and public communication, including the making available modality, of all or part of the contents of this Website for commercial purposes, on any support and by any technical means, without the authorisation of the Owner, are expressly prohibited.
The User shall refrain from deleting, altering, evading or manipulating any protection device or security system installed on www.bitsneakers.es.
Under no circumstances shall it be understood that access, browsing and use of the Website by the User implies a waiver, transmission, licence or total or partial transfer of said rights by the Owner. The User has the right to use the contents and/or services of the Website within a strictly domestic context and solely for the purpose of enjoying the services provided in accordance with this Legal Notice.
References to registered trademarks or trade names, or other distinctive signs, whether owned by the Proprietor or third parties, implicitly prohibit their use without the consent of the Proprietor or their legitimate owners. At no time does access, browsing or use of the Website and/or its contents confer on the User any rights over the distinctive signs included therein, unless otherwise provided for in this Legal Notice.
All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for any purpose, without the prior, express and written authorisation of the Owner or, where appropriate, of the Holder of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the holders of the rights of the contents that the User finds on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.
In the event that the User sends information or content of any kind to the Owner through any of the channels provided for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The User acknowledges that he/she assumes responsibility, leaving the Owner unharmed, for any communication or content that he/she sends personally or in his/her name.
If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual or industrial property rights, or of any other kind, he/she must notify the Owner immediately via the e-mail address email@example.com so that the latter can proceed to take the appropriate measures.
Similarly, in the event that any User or third party considers that any of the contents of the Website owned by the Proprietor infringes their intellectual, industrial or any other type of property rights, they must send a communication to firstname.lastname@example.org with the following information:
1) Identification data and means of contact of the claimant or his/her legal representative.
2) Documentation accrediting their status as the Holder of the allegedly infringed rights.
3) Detailed account of the rights allegedly infringed by the Holder, as well as their exact location on the Website.
4) Express declaration by the claimant that the use of the contents has been made without the consent of the holder of the allegedly infringed rights.
1.1. LINKS TO OTHER WEBSITES
In the event that the Website displays links to other websites through different buttons, links, banners or embedded content, the Owner informs that these are managed by third parties, and the Owner has neither the human nor the technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Website.
Consequently, the Proprietor cannot assume any liability for any aspect related to the Website or web page to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this regard, if Users have actual knowledge that the activities carried out through these third party websites are illegal or contravene morality and/or public order, they must immediately notify the Owner so that the link to access them can be disabled, which will be carried out as soon as possible.
In any case, the establishment of any type of link from the Website to another external website does not imply that there is any kind of relationship, collaboration or dependence between the Owner and the person responsible for such external website.
In any case, the establishment of any type of link from the Website to another external website shall not imply that there is any type of relationship, collaboration or dependence between the Owner and the party responsible for said external website.
1.2. LINKS TO THE OWNER'S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS
The Owner makes available to Users, through different tools and applications, means of linking that allow Users to access the channels and pages of the Website that it maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Twitter, Facebook, YouTube, etc.). The inclusion of these links on the Website is for the sole purpose of providing Users with access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between the Owner and the owner, manufacturer or distributor of the linked Website, nor the acceptance and approval by the Owner of its contents and/or services, the owner, manufacturer or distributor being solely responsible for them.
The activation and use of these applications may entail the identification and authentication of the User (login/password) on the corresponding platforms, which are completely external to the Website and beyond the control of the Owner. By accessing such external networks, the User enters an environment not controlled by the Owner, and the Owner shall not assume any responsibility for the security settings of such environments.
Given that the Proprietor may have limited control over the content hosted on such channels, the User acknowledges and agrees that the Proprietor assumes no responsibility for the content or services that the User may access on such sites, nor for any content, products, services, advertising, or any other material available on such sites.
1.3. LINKS ON OTHER WEB PAGES TO THE WEBSITE
The Owner does not authorise the establishment of a link to the Website from those pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms.
In any case, Users may establish links to the Website, provided that they comply with the following conditions:
1) The link may not reproduce the content of the Website or parts thereof in any form;
2) It is not permitted to create a browser or a border environment on the sections of the Website, nor may the Website be modified in any other way;
3) It is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that the Owner has authorised the link or that it has supervised or assumed in any way the contents or services offered or made available on the web page on which the link is established;
4) The web page on which the link to the Website is established shall not contain illegal information or content, contrary to morality and generally accepted good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual or industrial property rights and/or the right to honour, to personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.
The Proprietor has neither the power nor the human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website. The Proprietor assumes no responsibility for any aspect related to the web page that establishes the 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 any of its contents, in general.
1 RULES FOR USE OF THE WEBSITE
Access to or use of the Website for illegal or unauthorised purposes, whether for profit or not, is not permitted and, therefore, its consequences shall be the sole responsibility of the User. In particular, and without the following list being restrictive in nature, it is forbidden to:
1) Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;
2) Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
3) Use the Website to collect personal data of other Users;
4) Use the Website illegally, against good faith, morality and public order;
5) Registering through the Website under a false identity, impersonating third parties or using a profile or performing any other action that may mislead other Users as to the User's identity;
6) Gain unauthorised access to any section of the Website, to other systems or networks connected to the Website, to the Holder's servers, or to the services offered through the Website, by hacking or forgery, password mining or any other illegitimate means;
7) Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to the Website, or the security or protection measures inherent in the content offered on the Website;
8) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the Holder, as well as in the systems and networks connected to the Website; or
9) Impede the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent methods of participation, by any procedure, and/or through any practice that violates or infringes this Legal Notice.
The breach of any of the above obligations by the User may lead to the adoption by the Holder of appropriate measures protected by law and in the exercise of their rights or obligations, and may lead to the removal or blocking of the account of the offending User, without the possibility of any compensation for damages caused.
1 RESPONSIBILITIES AND GUARANTEES
The Proprietor cannot guarantee the reliability, usefulness or veracity of all the information and/or services and contents of the Website, nor the usefulness or veracity of the documentation made available through the Website.
Consequently, the Proprietor does not guarantee and accepts no responsibility for:
1) The continuity of the contents and services of the Website;
2) The absence of errors in said content and services;
3) The absence of viruses and/or other harmful components on the Website or on the server that supplies it;
4) The invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein;
5) The lack of usefulness or performance of the contents and services of the Website; and
6) The damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that the Proprietor establishes on the Website or through the violation of the security systems of the Website.
Notwithstanding the foregoing, the Proprietor declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Website and to minimise system errors, both from a technical point of view and in terms of the content published on the Website.
The Owner does not guarantee the legality, reliability or usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or that could infringe the rights of third parties, he/she must immediately notify the Proprietor so that he/she can proceed to the adoption of appropriate measures.
The Proprietor shall not be responsible for the accuracy, completeness or updating of the information published on the Website from external sources, nor for that contained in other platforms to which links are made from the Website. The Proprietor shall not be liable for hypothetical damages that may arise from the use of the aforementioned information.
The Proprietor shall not be liable for causes beyond its control, including but not limited to: force majeure, Internet access problems, technological problems beyond the diligent and reasonable control of the Proprietor, acts or omissions of third parties, etc. In all the aforementioned cases, beyond the control and due diligence of the Proprietor, the Proprietor shall not be liable to compensate the User for damages, to the extent permitted by law.
1 SUSPENSION OF THE WEBSITE
The Owner reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to Users who contravene any of the provisions detailed in this Legal Notice, without the possibility of the User being able to claim any compensation for this reason.
2 CONFIDENTIALITY AND DATA PROTECTION
The headings of the different clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of this Legal Notice. Likewise, the Owner may modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same form in which this Legal Notice appears or through any type of communication addressed to the Users.
The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is modified in whole or in part, at which time the modified Legal Notice will become effective.
The Owner may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the contents set out above in this Legal Notice shall remain in force.
In the event that any provision of this Legal Notice is declared null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of this Legal Notice.
The failure of the Owner to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Owner.
4 APPLICABLE LAW AND COMPETENT JURISDICTION
This Website is governed by the laws in force in Spain.
For any dispute that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by law, both the Owner and the Users expressly submit to the jurisdiction of the Courts and Tribunals of Barcelona, waiving their own jurisdiction if any.