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1. PURPOSE AND SCOPE OF APPLICATION.
These General Conditions of Use (hereinafter, the Conditions of Use) are intended to regulate access to content and services for unregistered users of the Website owned by Irati Inversiones S.L. (hereinafter, Again Cashmere), located at the URL www.Againcashmere.com.
1.1. The fact of accessing, browsing or using the services and contents of the Website implies that the User has read, is aware of and accepts the Conditions of Use without reservation.
In this sense, the person who uses, navigates or accesses any of the content and services offered on the Website will be considered as a User.
The User agrees to use the Website, in accordance with the Law and the provisions of these Terms of Use and the Privacy Policy published on the Website. The User must refrain from using any act that is unlawful or contrary to these Terms of Use.
1.2. Notwithstanding access to certain content and the use and / or acquisition / provision of some services is subject to certain Particular Conditions or General Contracting Conditions, which, as the case may be, will replace, complete and / or modify these Conditions of Use , and in case of contradiction, the contradictory terms of the Particular Conditions or General Contracting Conditions will prevail over those stipulated in these Conditions of Use.
1.3. Again Cashmere reserves the right to modify the presentation, configuration, content of the Website and any of its services, as well as the conditions required for access, use and / or provision of services offered. The access and use of the contents and services after the entry into force of their modifications or changes in the conditions imply their acceptance.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
2.1. This Website is governed by national and international legislation on intellectual and industrial property.
2.2. In no case will it be understood that the access and navigation of the User to the Web Page or the use, acquisition and / or contracting of products or services offered through it, implies a waiver, transmission, license or total or partial transfer of said rights by Again Cashmere.
2.3. Irati Inversiones S.L. is the holder or has obtained the corresponding license on the exploitation rights of intellectual and industrial property of Again Cashmere as well as the rights and / or licenses of intellectual, industrial and image property on the contents and products available through it.
2.4. It is not allowed to delete, evade or manipulate the copyright notice and any other identifying information of the rights of Again Cashmere.
It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the content and products, included at www.Againcashmere.com for public or commercial purposes, without the express written permission of Again Cashmere.
3. USE OF THE WEBSITE.
3.1. The User will have access to the contents and use of the services provided by the Website for free, although some services may be subject to prior registration, prior contracting and / or payment of an amount by the User, which is will specify in its own General Contracting Conditions.
By using the services and / or accessing the contents of the Website, the User agrees with these Terms of Use, agreeing not to use them to send messages that defame or insult, or that contain false, inappropriate, abusive information , harmful, pornographic, threatening, damaging the public image or private life of third parties or that for any reason violate any law.
3.3. In particular, and for merely indicative and non-exhaustive purposes, the User agrees not to collect data for advertising purposes, not to send any type of online advertising and not to transmit, broadcast or make available to third parties through the Services that may be provided by Again Cashmere, information, messages, graphics, sound or image files, photographs, recordings, software and in general any type of material, data or content that, without exhaustive intention:
· engage in illicit, illegal, or contrary to good faith and public order activities;
· In any way contravene, belittle or attempt against the fundamental rights and public liberties recognized constitutionally or in international treaties and in the rest of the legal system;
· Induce, incite or promote criminal, denigratory, defamatory or violent actions;
· Induce, incite or promote discriminatory actions, attitudes or ideas based on sex, race, religion, beliefs or age;
· Incorporate criminal, violent or degrading messages;
· Induce or incite them to engage in dangerous, risky or harmful practices for health and psychological balance;
· Are false, ambiguous, inaccurate, exaggerated or extemporaneous, so that they can mislead their object or the intentions or purposes of the communicator;
· Are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their holders the necessary authorization to carry out the use that they make or intend to make;
· Violate the business secrets of third parties;
· Are contrary to the right to honor, personal and family privacy or the image of people;
· Violate the regulations on the secrecy of communications;
· Cause by their characteristics (such as format, extension, etc.) difficulties in the normal operation of the Services.
4. LICENSE ON COMMUNICATIONS.
4.1. In the event that the User sends information of any kind to Again Cashmere through the Website, through the channels provided for that purpose on the Page itself, the User declares, guarantees and accepts that he has the right to do so freely, that said Information does not infringe any intellectual property, trademark, patent, trade secret, or any other third party right, that said information is not confidential and that said information is not harmful to third parties.
4.2. The User acknowledges assuming responsibility and will hold Again Cashmere harmless for any communication that he provides personally or on his behalf, reaching such responsibility without restriction for the accuracy, legality, originality and ownership thereof.
5. RESPONSIBILITIES AND GUARANTEES.
5.1. Again Cashmere cannot guarantee the reliability, usefulness or veracity of the services or the information provided through the Website.
Consequently, Again Cashmere does not guarantee and is not responsible for: (1) the continuity of the contents of the Website; (2) the absence of errors in said content or products; (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 impregnability of the security measures adopted therein; (5) the lack of utility or performance of the contents and products of the Website; (6) the damages or losses caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that Again Cashmere establishes on the Website or through the violation of its security systems.
5.2 However, Again Cashmere declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and avoid the existence and transmission of viruses and other harmful components to Users.
If the User is aware of the existence of any content that is illegal, contrary to the laws or that could suppose an infringement of intellectual and / or industrial property rights, they must immediately notify Again Cashmere so that it can proceed to the adoption of the appropriate measures.
6. LINKS.
6.1 Links to other web pages
In the event that from the Web Page, the User could find links to other Web Pages through different buttons, links, banners, etc., these would be managed by third parties. Again Cashmere has no power or human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links can be established from the Website.
Consequently, Again Cashmere cannot assume any type of responsibility for any aspect related to the Website to which a link could be established from it, specifically, by way of example and not limitation, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its content, in general.
In this sense, if Users have effective knowledge of the illegality of activities carried out through these third-party Web pages, they must immediately notify Again Cashmere in order to proceed to disable the access link to it.
The establishment of any type of link from the Website to another third party Website does not imply that there is any kind of relationship, collaboration or dependency between Again Cashmere and the person in charge of the third party Website.
6.2 Links on other Websites to the Website
If any User, entity or Site or Web Page wishes to establish any type of link to the Web Page, they must abide by the following stipulations:
· The link can only be directed to the Main Page or Home of the Website, unless expressly authorized in writing by Again Cashmere.
· The link must be absolute and complete, that is, it must take the User, with a click, to the URL of the Web Page itself and must completely cover the entire length of the screen of the Main Page of the Web Page. In no case, unless Again Cashmere expressly authorizes it and in writing, the Website that makes the link may reproduce, in any way, the Website, include it as part of its Website or within one of its “frames” or create a “browser” on any of the pages of your Page or Website.
· In the Web page that establishes the link, it will not be possible to declare in any way that Again Cashmere has authorized such link, unless it has done so expressly and in writing. If the entity that makes the link from its page or website to the Website owned by Again Cashmere correctly, wishes to include in its Website the brand, denomination, commercial name, sign, logo, slogan or any other type of identifying element ownership Again Cashmere and / or the Website, you must have prior express written authorization.
· Again Cashmere does not authorize the establishment of a link to the Website from those Websites that contain illicit, illegal, degrading, obscene materials, information or content, and in general, that contravene morality, public order or social norms generally accepted.
Again Cashmere has no power or human and 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 owned by Again Cashmere. In this sense, Again Cashmere does not assume any type of responsibility for any aspect related to the Web Page established by this link, specifically, by way of example and not limitation, on its operation, access, data, information, files, quality and reliability. of its products and services, its own links and / or any of its content, in general.
7. DURATION AND MODIFICATION.
7.1. Again Cashmere will be able to modify the terms and conditions stipulated here, totally or partially, publishing any change in the same way that these Conditions of Use appear, through any type of communication addressed to Users.
7.2. The temporary validity of these Conditions of Use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time they will become effective in the modified Conditions of Use.
7.3. Regardless of what may be provided in Particular Conditions that are established, Again Cashmere may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the possibility of the User to demand any compensation. After said termination, the prohibitions on the use of the contents set forth above in these Terms of Use will continue to apply.
8. GENERAL.
8.1. The headings of the different clauses are only informative, and will not affect, qualify or expand the interpretation of the Terms of Use.
8.2. In the event that any provision or provisions of these Terms of Use are considered null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said Nullity will not affect the other provisions of the Terms of Use.
8.3. The non-exercise or execution by Again Cashmere of any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledgment and agreement in writing by you.
9. JURISDICTION.
The relationships established between Again Cashmere and the User will be governed by the provisions of current regulations regarding applicable legislation and competent jurisdiction. However, for the cases in which the regulations foresee the possibility for the parties to submit to a jurisdiction, Again Cashmere and the User, expressly waiving any other jurisdiction that may correspond to them, will submit any controversies and / or litigation to the knowledge of the Courts and Tribunals of the city of Madrid.