CONDITIONS OF THE SERVICE
muychulo.es, with legal address at Plaça Vella, 9 in El Vendrell, Tarragona, is a Spanish Limited Responsibility Enterprise, the owner of the present Website, whose activities are regulated by the document, with CIF number B-43578459 e registered in the Trade Register of Tarragona Volume, Page , Folio , Section , first-time registration. In order to contact muychulo.es, one can use the abovementioned post address, or the email address firstname.lastname@example.org
Taking into account the nature of the Website, as well as its content and aim, the navegation of the site should be done enjoying the condition of the Client, according to the procedures recognized on it. This way, the abovementioned condition of the Client supposes acception of the General Conditions published at the moment one enters the Website. muychulo.es reserves the right to modify, at any moment, the Presentation and the Configuration of the Website, as well as the present General Conditions. For that reason, muychulo.es recommends the Clients to read thouroughly these Conditions every time they enter the Website .
In any case there exist pages of the Website, accessible for the general public, in connectance to which muychulo.es also wants to accomplish its legal obligations, as well as regulate their usage. Because of this, users entering these parts of the Website accept that entering these pages they stay under the terms and conditions recognised in the General Conditions, as much as they can be applied in these cases.
Finally, because of the proper nature of the present Website, it is possible that the General Conditions will be modified or include changes in the content. This way, the Clients or other users, not enjoying this condition, must read the General Conditions each time they enter the Website, taking into account that the conditions applied will be those in force at the moment of access.
ACCESS AND SECURITY
The access to the Services requires registration of the users, accepting the General Conditions, and becoming Clients .
The Client’s identification will contain their email address and a password. To acceed to the account of the Client, it will be necessary to include this identification as well as a password of minimum 4 symbols.
Usage of the password is personal and untransferrable, it is not allowed to pass it to the third parties, even temporary. This way the Client accepts to use it properly and to keep it a secret, assuming all the responsibility for the consequences of communicating it to the third parties.
In case the Clients know or suspect usage of the password by the third parties, they must immediately modify it, the way it is mentioned on the Website.
CORRECT USAGE OF THE SERVICES
The Client must use the Services in the diligent way, correct and legitimate, in particular, including, but not limited to, they accept to avoid:
- To use the services with an aim and effects that contradict the law, moral and good customs, generally accepted or in force;
- Reproduce or copy, distribute, open public access to through any media of public communication, transform or modify the Services, if not allowed by the owner of the corresponding rights, or if not legally allowed;
- Realise any type of activity, which can be considered a violation of any rights, intellectual or indstrial, belonging to NAME_SHOP or to the third parties;
- To use any Services, in particular, the information of any type got through the Website to make advertisements, communications aimed at direct sales or with any other commercial aims, messages not requested sent to various people with any aim, as well as selling or publishing this information in any way;
The Client will bear the responsibility for any damages of any nature that muychulo.es can suffer on or because of unaccomplishment of any of the abovementioned obligations as well as any other included in the present General Conditions and/or stated by the law connected with usage of the Website .
muychulo.es will any moment be guided at by the respect to the legal order in force, and will be entitled to interrupt, on its decision, the Service or to exclude the Client from the Website in case of presumed commiting, complete or incomplete, of any of the offenses or misdemeanors mentioned in the current Penal Code, or in case of observing any conduct ion that in the opinion of muychulo.es is contrary to these General Conditions, the General Contracting Conditions that operate for this Website, the Law, the norms established by muychulo.es or its collaborators or may disturb the functioning, image, credibility and / or prestige of muychulo.es or its collaborators.
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of muychulo.es or the third parties, whose rights in this regard muychulo.es legally holds, being therefore protected by national and international legislation.
Usage of all the elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited.
Breach of any of the abovementioned rights may constitute a violation of these provisions, as well as an offense punishable according to articles 270 and the following ones of the Penal Code.
The Clients who send observations, opinions or comments to the Website through the electronic mail service or through any other service, in the cases when the nature of the Services make it possible, will thus authorise muychulo.es to reproduce, distribute, use in public communication, transform, and to exercise any other right of usage of such observations, opinions or comments, for all the time of copyright protection that is legally envisaged and without any territorial limitation. It is also understood that this autorisation is made for free.
Complaints that may be filed by the Clients in relation to possible breaches of intellectual or industrial property rights connected to any of the Services of this Website should be directed to the following email address: email@example.com
EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
Notwithstanding the provisions of the General Contract Conditions related to the contracting of goods on this Website, muychulo.es will not be responsible for the truthfullness, accuracy and quality of this Website, its services, information and materials. These services, information and materials are presented “as is” and are accessible without guarantees of any kind.
muychulo.es reserves the right to interrupt access to the Website, as well as provision of any or all of the Services provided through it at any time and without prior notice, whether for technical reasons, security, control, maintenance, power failure or any other justified cause.
Consequently, muychulo.es does not guarantee the reliability, availability or continuity of its Website or Services, so the usage of them by the Client is carried out at their own risk, without muychulo.es beeing demanded any responsibilities in this sence at any moment.
muychulo.es will not bear responsibility in case of interruptions of the Services, delays, errors, malfunctions of the same and, in general, other inconveniences that have their origin in causes beyond the control of muychulo.es, and / or due to a fraudulent or culpable acts of the Client and / or originate from accidents or Force Major. Without prejudice to the provisions of Article 1105 of the Civil Code, and for the purposes of these General Conditions all the following will be included in the concept of Force Major: all events that occurred beyond the control of muychulo.es, such as: failure of the third parties, operators or service providing companies, acts of government, lack of access to the third party networks, acts or inactions of the Public Authorities, those produced as a result of natural phenomena, blackouts, etc., an attack of hackers or the third parties specialized in the security or integrity of the computer system, provided that muychulo.es has provided reasonable security measures according to the state of the technology they have. In any case, whatever its cause is, muychulo.es will not assume any responsibility for direct or indirect damages, consequential damages and / or loss of profits.
muychulo.es will not bear any responsibilities for damages of any nature that may be due to the lack of truthfullness, accuracy, completeness and / or actuality of the Services transmitted, spread, stored, made available or received, obtained or accessed through the Website as well as through the Services provided or offered by the third parties or entities. muychulo.es will try as much as possible to update and rectify at least that information hosted on its website that does not comply with the minimum guarantees of truthfulness. However, they will not bear any responsibility for its non-updating or rectification as well as for the contents and information provided in it. In this sense, muychulo.es has no obligation to control and does not control the content transmitted, spread or made available to the third parties by the Clients or their partners, except in cases when required by the current legislation or when required by a competent Judicial or Administrative Authority.
The same way, muychulo.es will not be responsible for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in computer systems as well as documents or systems stored in them.
muychulo.es will not bear responsibility for the usage of the Website Services by the Client, usage their passwords by them, as well as any other material thereof, violation of intellectual or industrial property rights or any other rights of the third parties.
The Client undertakes to compensate to muychulo.es for any damage, prejudice, sanction, expense (including but not limited to attorneys’ fees) , civil responsibility, administrative responsibility or any other kind of liability, that muychulo.es could suffer in relation to the breach or partial or defective performance of the provisions of these General Conditions or applicable legislation, and, in particular, in relation to their obligations regarding the personal data protection which was collected under these conditions or stated in the LOPD and development regulations.
LINKS TO OTHER WEBSITES
muychulo.es does not guarantee or assume any type of responsibility for the damages and losses suffered because of access to the third party services through links, or connections to the linked sites or their accuracy or reliability. The links that appear on muychulo.es serve exclusively to inform the Client about the existence of other sources of information on the Internet, where they can expand the Services offered on the present site. muychulo.es will not be in any case responsible for the result obtained after following such links or the consequences arising from access by customers to them. These services are provided by the third parties, so muychulo.es can not control and does not control the legal aspect of the services or their quality. Consequently, the Client must be careful in the assessment and use of information and services existing in the contents provided by the third parties.
APPLICABLE LAW AND JURISDICTION
For any interpretive or litigious issues that may arise, Spanish law will be applied and in case of a dispute, both parties agree to submit, with waiver of any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the city of Madrid.