The present Conditions regulate the Access and use of the web site www.fernandoalonso.com (hereby “the Web Site”), owned by Gespuam, S.L. (hereby, “Gespueam”), Spanish company with Company Tax Code B-74102096 and address at C/ Quintana 11 A-1º, Oficina 3, 33007 Oviedo, Asturias, registered in Registro Mercantil de Asturias, Tomo 3.220, Folio 1, Hoja AS-30430.
USE OF THE WEB PAGE
Gespuam informs the users that access or use the services, tools and, in general, the contents included in this Web Site of the present Conditions applicable the access and navigation of the Web Site.
By navigating and/or using the Web Site, you become a User of the Web Site. The navigation and/or use of the Web Site entails the acceptance as User of each and every Condition.
Gespuam may, at any time and without previous notice, modify the presentation and configuration of the Web Site, as well as the present Conditions. These modifications will be published in the Web Site so that the User can know them before using it.
Gespuam may deny or withdraw, at any time and without previous notice, the access to the Web Site to those Users that infringe that established in the present Conditions, the law, the common practice or the public order.
ACCESS TO THE WEB SITE
The access to the Web Site is free and with no cost.
PERSONAL DATA PROTECTION POLICY
The data provided by the User during his navigation, filling of the forms and use of the Web Site will be included in a file responsibility of Gespuam, with address in C/ Quintana 11 A-1º, Oficina 3, 33007 Oviedo, Spain, who will process them with the aim of managing the consultation.
The User may exercise his right to access, modification, cancellation and opposition by written and signed request sent to the address stated in the beginning of the present Conditions or the email address email@example.com.
Gespuam informs the User of the possible placement of “cookies” that store navigations data to facilitate later visits to the Web Site or count the number of user that access the Web Site. If the Users do not want to admit “cookies”, they will have to eliminate this possibility in their own navigator. The no admission of “cookies” can cause problems during the navigation of the Web Site.
The User commits himself generally to use the Web Site diligently, according to the law, the moral and that established in these Conditions. Also, the User will not use the Web Site in any way that may prevent, harm or deteriorate its normal operation or that may cause harm to the assets and rights of Gespuam, the Users o, in general, any third party.
The User will be held responsible for all the damages of any kind that Gespuam may suffer directly or indirectly, as a consequence of the infringement of any of the obligations derived from the Conditions regarding the use of the Web Site. Likewise, the User will hold Gespuam harmless from any sanction, claim or lawsuit that a third party may present, including any public organization, against Gespuam, its employees or agents as a consequence of a User’s infringement of any third party’s rights by using the Web Site.
Likewise, and without limiting the general scope of the obligation stated in the previous paragraph, the User in his use of the Web Site commits himself to:
a) Provide, in his case, truthful, exact and complete data for rendering the service and keep them updated.
b) Do not introduce or spread any defamatory, abusive, obscene or threatening information that may in any way attempt on the current regulation.
c) Do not introduce, store or spread by means of the Web Site, any computer program, data, virus, code, etc. that may cause damages, modifications or prevent the normal operation of the Web Site, or whichever equipments, systems or networks of Gespuam, any other User or its suppliers.
d) Do not use fake identities while using the Web Site.
e) Do not provide third parties, by any mean, with information that identifies or may identify other Users of the Web Site.
f) Do not destroy, modify, render useless or damage data, information, programs or electronic documents of Gespuam, its suppliers or third parties.
g) Do not introduce, publish or spread by means of the Web Site any content that infringes intellectual or industrial rights, third parties’ business secrets or, in general, any content for which, according to the law, the User does not have the right to make available to third parties.
In case any User or a third party considers that there are facts or circumstances that show the illicit nature of the use of any content and/or the carrying out of any activity in the Web Site or accessible through the Web Site, he must send a notification to Gespuam.
There is not a link or relation between Gespuam and those Users and, in general, those persons that establish a hyperlink between their web site and the Web Site, being they responsible of all the contents present in their web site, exempting Gespuam from whichever responsibilities that may derive from the illicit content of the aforementioned web sites.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The User recognizes that all the elements, information and materials present in the Web Site, the trademarks, structure, selection, arrangement and presentation of its contents, and the computer programs used related to them, are protected by intellectual and industrial property rights of Gespuam or third parties and that the use of the Web Site does not grant him, regarding these industrial an intellectual property rights, any other right different to those specifically established in these Conditions.
Unless authorized by Gespuam or, given the case, by the third parties owner of the corresponding rights, the User cannot reproduce, transform, modify, disassemble, carry out reverse engineer, distribute, rent, lend, put at disposal or allow the public access by any mean of public communication any of the elements referred to in the previous paragraph. The User must use the materials, elements and information to which he may access while using the Web Site only for his own needs, committing himself not to carry out, directly or indirectly, a commercial exploitation of the materials, elements and information obtained through them.
In any case it will be understood that a license is granted or that there is a renounce, total or partial transfer of these rights or that any right or perspective of right is granted and, in special, of modification, exploitation, reproductions, distribution or public communication of these contents without previous express authorization of Gespuam or the corresponding owners.
RESPONSABILITY AND GUARANTEE EXCLUSION
The User recognizes and accepts that he uses the Web Site and access the services offered in it at his own risk and responsibility.
Gespuam will only be responsible of the damages that the User may suffer as a consequence of using the Web Site when those damages are attributable to a improper action of Gespuam.
Gespuam does not control, in general, the use of the Web Site by the user. In particular, Gespuam does not guarantee that Users use the Web Site according to the law, the present Conditions, the moral and the good customs generally accepted or that they do it diligently and prudently.
Gespuam is not responsible for the damages derived from the following –including but not limited to-:
a) Inferences, omissions, interruptions, computer virus, breakdowns and/or disconnections in the functioning of this electronic system or in the devices and computer equipments of the Users, motivated by other parties’ causes, that may prevent or delay the rendering of the services or the navigation in the system.
b) Delays or blockings in the use caused for faults or overloads in the Internet or in other electronic systems.
c) Damages that may be caused by third parties by means of out of control illicit interferences of the Web Site and that are not attributable to Gespuam.
d) The impossibility to render the service or allow the access for causes not attributable to Gespuam, due to the User, third parties or force majeure situations.
In case technical devices of linking (such as, links, banners, buttons, etc.), directories and search tools that allow the Users to access websites belonging or managed by third parties are made available to the Users, Gespuam does not guarantee or takes responsibility for the damages of all kind that may be due to the functioning or accessibility of the inked sites, as well as due to the quality, legitimacy and usefulness of the information, contents and services existing in the different linked sites.
APPLICABLE LAW AND JURISDICTION
The regulations present in these Conditions will be governed and interpreted according to Spanish legislation.
Unless expressly forbidden by law, to solve all the legal issues derived from the present General Conditions, or the Particular Conditions that may be established in each case, or relative to the infringement, interpretation, resolution or validity of any regulation of the Web Site, the parties, of mutual agreement, are subject to the laws and jurisdictions of the Judges and Courts of Madrid, with express waiver of their own jurisdiction.