GENERAL CONDITIONS OF USE
The following terms and conditions (hereinafter referred to as “General Conditions”), govern the access, registration, navigation, downloading and use of the website HTTPS://TBATLANTIC.COM (hereinafter “the Website”) and its contents, which include but are not limited to all content, data, graphics, text, logos, trademarks, software, images, animations, musical creations, videos, sounds, drawings, photographs, expressions and information and others included in it and, in general, all creations expressed by any means or medium, tangible or intangible regardless of whether or not they are susceptible to intellectual property under current Spanish law, (hereinafter “the Contents”).
Both the Web Site and the Contents, are owned by TRADE BRIDGE ATLANTIC, S.L.U (hereinafter TBA), whose data are included below, for the purposes of the provisions of Law 34/2002 of 11 July, services of information society and electronic commerce:
Company name: TRADE BRIDGE ATLANTIC, S.L.U
Registered in the Mercantile Registry of Madrid, in volume 33727, Sheet 130, Section 8, Page M607117,
Registered address: Avenida de Guadalix, 22, letter B, 28707 Ciudalcampo (Madrid)
Phone number: 34 949 392 504
These General Conditions also regulate the access, download and use of any Content or account in social platforms that are created, designed, promoted or broadcast by TBA.
GENERAL CONDITIONS OF USE OF THE “WEB SITE” AND “CONTENTS”
The access and use of the TBA Website as well as the access and use of the Contents will be subject to these General Conditions. The use of any web page owned by the TBA or the Contents attributes the condition of “user” and implies the full and unreserved acceptance by the user of all the General Conditions in force at any time that the user accesses it.
TBA reserves the right to modify at any time these General Conditions. We suggest that you review these General Conditions frequently to be aware of their scope and any modifications that have been made. By accessing the Web Sites and/or the Content owned by TBA, after the publication of the notice of such modifications, alterations or updates, you agree to comply with the new terms. The user is aware that the access and use of the Website and/or the Contents is carried out under his sole and exclusive responsibility.
The user will use the services and materials available on the Website as well as the Contents exclusively for particular purposes, excluding any form of use other than this, and specifically excluding any use for profit or that brings benefit, directly or indirectly to the user or third parties.
The present General Conditions are accepted expressly and without reservations by the user by the mere fact of accessing the Website, using in any way the materials and services of the Website and/or accessing or using in any way the Contents. If the user does not accept these General Conditions, he or she must refrain from accessing the Website and/or the Contents or, if he or she has accessed them, leave them.
TBA may modify unilaterally and without prior notice, the provision, configuration, content and services of the Website and the Contents, as well as its General Conditions. If these General Conditions were to be replaced by others in whole or in part, these new general conditions will be understood to have been accepted in an identical manner to that stated. However, the user of the Website and/or the Contents must access these General Conditions periodically to be aware of any updates to them.
The user must establish the appropriate technical security measures to avoid undesired actions in his or her information system, files and computer equipment used to access the Internet and, in particular, the Website and/or the Contents, being aware that the Internet is not a totally secure medium.
RESPONSIBILITY OF THE USERS FOR THE USE OF THE WEB SITE AND/OR THE CONTENTS
The user will not be able in any case to modify or suppress the identifying data that exist of TBA. The user may only access the services and materials of the Website and/or the Contents through the means or procedures that have been made available to him/her for this purpose in the Website itself and/or in the Contents, or that are habitually used on the Internet for this purpose, provided that they do not imply a violation of Intellectual/Industrial Property rights, or any type of damage to the Website and/or the Contents, or to its information or to the services offered.
The user is obliged to use the services, information and materials of the Website and/or the Contents of TBA in accordance with the Law and with these General Conditions.
The user may:
- Access and browse the materials and services of the Website and/or the Contents, as determined in these General Conditions, free of charge and without prior authorization.
- Use the services and materials of the Web Site and/or the Contents for exclusively private use.
- To make, at all times, a correct and lawful use of the services, information and materials of the Website and/or the Contents, in accordance with current legislation and these General Conditions.
Under no circumstances may the user carry out the following activities:
- Use the Website and/or the Contents to attempt against the legislation in force, the morality, the good customs and the public order, or with harmful purposes that may harm, damage or prevent in any way, the access to them, to the detriment of TBA or third parties.
- Carry out acts contrary to the Intellectual and/or Industrial Property rights of their legitimate owners
- Cause damage to the computer systems of TBA, its suppliers or third parties and/or introduce or disseminate computer viruses, harmful code or software or other types of systems that may cause damage or alterations to computer systems, or unauthorized alterations to the contents, programs or systems accessible through the materials or services of the Website and/or the Contents, or to the information systems, files and computer equipment of the users thereof, or unauthorized access to any materials and services of the Website and/or the Contents.
- Transmit advertising by any means and, in particular, by sending electronic messages, when the sending of the advertising has not been requested or authorized by the recipient.
- Use the Website and/or the Contents, in whole or in part, to promote, sell, contract, divulge advertising or information of itself or of third parties without prior written authorization of TBA, or include hyperlinks in its private or commercial web pages to the Website and/or the Contents, unless expressly authorized by TBA.
- To use the services and materials offered through the Website and/or the Contents in a manner contrary to the General Conditions, and to the detriment or detriment of the rights of the rest of the users.
- Eliminate or modify in any way the protection or identification devices of TBA or its legitimate owners that may contain the Website and/or the Contents, or the symbols, logos or trademarks that TBA or the legitimate third party owners of the rights incorporate into their creations and that may be the object of intellectual or industrial property.
- Include, without previous authorization and in writing of TBA, in web pages and/or applications of responsibility or property of the user or third parties not authorized “metatags” corresponding to brands, logos, commercial names or distinctive signs property of TBA, or use brands, logos, commercial names, or any other identifying sign that is subject to intellectual or industrial property rights, without previous express authorization and in writing of the legitimate owner.
- To include in a website and/or applications of its responsibility or property a hyperlink which generates a window or session of the navigation software used by a user of its website, in which brands, commercial names or distinctive signs of its property are included and through which the Website and/or the Contents are shown.
The User will respond to TBA, or to third parties, for any damages of any kind that may be caused as a consequence of the breach or non-observance, direct or indirect, of these General Conditions. TBA will ensure at all times that the legal system in force is respected, and reserves the right to discretionally deny, in whole or in part, at any time and without prior notice, the access of any user to the Website and/or the Contents, when one or more circumstances described in this clause occur.
USER IDENTIFIERS AND PASSWORD
TBA reserves the right to request the registration of users for access to certain services offered through the Website and/or the Contents, for which the choice of user name and password will be requested.
The access codes assigned will be personal and non-transferable, and the transfer, even temporarily, to third parties is not permitted. In this regard, the user agrees to make diligent use and keep secret the password / s and user name / s assigned / s, if any, to access the Website and / or the Content. In the event that the user knows or suspects the loss, theft or use of his password by third parties, he must make such circumstance known to TBA as soon as possible. The user will be responsible for the expenses and damages caused by the access and use of the Website and/or the Contents by any third party that uses for this purpose the password/s and name/s of the user due to a non diligent use or loss of them by the user.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All the materials and information of the Website and/or the Contents of TBA are subject to the current regulations on Intellectual and/or Industrial Property. The rights over the materials and other elements that are shown in the Website and/or in the Contents (including, by way of example and without limitation, drawings, texts, graphics, photographs, audio, video, software, distinctive signs, etc.) belong to TBA or, if applicable, to third parties that have consented to the assignment of the same to TBA. Likewise, the logos, commercial names, domains and trademarks owned by TBA belong to TBA.
In particular, it is strictly forbidden to use any material or elements of the Website and/or the Contents for their inclusion, in whole or in part, in other websites not belonging to the Website and/or the Contents without the prior written consent of the owners of the Website.
References to names and commercial or registered trademarks, logos or other distinctive signs, whether owned by TBA or third party companies, carry the implicit prohibition on their use without the consent of TBA or its legitimate owners. At no time, unless expressly stated, the access to or use of the Website and/or the Contents, confers to the user any right over the trademarks, logos and/or distinctive signs included therein and protected by Law.
All intellectual and industrial property rights are reserved on the contents, elements, materials, information and products, if any, included in the Website and/or the Contents for public or commercial purposes, as well as to include them in another different website, if you do not have the express written authorization of TBA or, if any, of the corresponding owner of the rights.
If the action or omission, guilty or negligent, directly or indirectly attributable to the user of the Website and/or of the Contents that originates the infringement of the intellectual and industrial property rights of TBA or of third parties, causes TBA damages, losses, joint and several obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, whether civil, criminal or administrative, TBA will have the right to address itself against such user by all legal means within its reach and claim any indemnification amounts, moral damages or damages to one’s own image, consequential damages and loss of profit, advertising costs or any other costs that could result in reparation, amounts of sanctions or condemnatory sentences, interest for delay, the cost of financing all the amounts in which TBA could be harmed, the legal costs and the amount of the defense (including attorneys and lawyers) in any process in which TBA could be sued for the causes previously exposed, for the damages caused by its action or omission, without prejudice to the exercise of any other actions that in law correspond to TBA.
LINKS OR HYPERLINKS TO THE WEBSITE AND/OR CONTENTS
The user who wishes to introduce links or hyperlinks from his own web pages to the Website and/or Contents of TBA must comply with the conditions detailed below, without the ignorance of the same avoiding the responsibilities derived from its non-compliance:
The link or hyperlink will only connect to the “home page” or main page of the Website but may not reproduce it in any way.
No false, inaccurate or incorrect statement or indication about TBA, its employees, clients or the quality of the services it provides shall be made from the page and/or application that introduces the link.
In no case shall it be expressed or implied in the page and/or application where the link is located that TBA has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.
The use of any word, graphic or mixed mark or any other distinctive sign of TBA within the page of the sender is prohibited, except in the cases permitted by law or expressly authorized by TBA and provided that, in these cases, a direct link to the Website and/or the Contents is permitted in the manner established in this clause.
The page and/or application that establishes the link or hyperlink must faithfully comply with the law and may not in any case provide or link to its own content or that of third parties: (i) are illicit, harmful or contrary to morality and good customs (ii) induce or may induce the user to the false belief that TBA subscribes, supports, adheres or in any way supports the ideas, manifestations or expressions, licit or illicit, of the sender; (iii) are inappropriate or not pertinent with the activity of TBA in attention to the place, contents and subject matter of the web page and/or application of the sender.
The establishment of the link does not imply in any case the existence of a relationship between TBA and the owner of the web page and/or application in which it is established, nor the acceptance and approval by TBA of the contents or services offered there and made available to the public.
TBA may request, at any time and without the need to provide the reasons for such request, the removal of any link or hyperlink to the Website and/or the Contents, being obliged the person responsible for the website and/or application that publishes the link to proceed immediately to its removal.
TBA declares that it has adopted all the necessary measures, within its possibilities and the state of technology available to it, to guarantee the operation of the Website and the Contents and to avoid the existence and transmission of viruses and other harmful or malicious components to the users.
If the user becomes aware of the existence of any illegal, unlawful, or contrary to the laws or that could imply an infringement of intellectual and/or industrial property rights, he must immediately notify TBA so that it can proceed to take the appropriate measures.
TBA is exempt from any kind of liability for damages in any concept and nature in the following cases:
For the impossibility or difficulties of connection used to access the Website and/or the Contents, interruptions of the service, delays, errors, malfunctioning of the same regardless of the type of connection or technical means used by the user.
For the interruption, suspension or cancellation of access to the Website and/or the Contents, as well as for the availability and continuity of the operation of the Website and/or the Contents or the services and/or elements thereof, when this is due to the interruption of the service for technical maintenance of the Website and/or the Contents, or to a cause beyond the control of TBA, or by the services of the information service providers.
By fraudulent or culpable actions of the user, or that have their origin in causes of force majeure and any others that escape the control of TBA.
By attacks of the so-called “hackers” or third parties specialized in the security or integrity of the computer system, provided that TBA has adopted all the existing security measures according to its technical possibilities.
For the damage or harm that could be caused by the information, contents, products and services provided, communicated, hosted, transmitted, exhibited or offered by third parties alien to TBA, including the providers of services of the information society, through a web site which can be accessed through a link existing in this site.
For any damage or harm in the software or hardware of the user that is derived from the access to the Website and/or the Contents of TBA or from the use of the information or elements or applications contained therein.
For the suitability, reliability, availability, opportunity or accuracy of the information or services contained in its Website and/or in the Contents, nor for the direct or indirect damages in relation to the use of the information or elements contained therein.
The user of the Website and/or the Contents will be personally responsible for the damages of any nature caused to TBA directly or indirectly, by the breach of any of the obligations derived from these General Conditions. In any case, whatever the cause, TBA will not assume any responsibility, either for direct or indirect damages, emergent damage or for loss of profit.
The user will be the only responsible for the infractions in which he may incur or for the damages that he may cause by the use of the Website and/or the Contents of TBA, being this one exonerated of any responsibility. The user is the only responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against TBA or against the user based on the use of the service by the user, or for the information that may have been sent to TBA by any means. The User assumes all expenses, costs and indemnities incurred by TBA in connection with such claims or legal actions.