- WEB HOLDER IDENTIFICATION
Pursuant to the duty to provide information included in article 10 of Act 34/2002, dated July 11th, on the Services of the Information Society and Electronic Commerce (“Services de la Sociedad de la Información y del Comercio Electrónico”), RECREATIVOS FRANCO, S.A.U. (hereinafter “RFRANCO”) holder of the www.rfranco.com website, provides information of its full corporate name and details as registered with the Registry of Companies:
RECREATIVOS FRANCO, S.A.U., with registered address at Plaza de Cronos 4, 28037 Madrid, holder of tax ID (CIF) A-28.415.594 and registered with the Registry of Companies of Madrid in Volume 4.241, Folio 50, 8th Section, Sheet number M-70.495.
The terms and conditions set forth in this Legal Notice govern the use of the www.rfranco.com web page which RFRANCO puts at the disposal of any Internet user who may access and/or use the said web page (hereinafter, the “User”) for free.
- GENERAL TERMS OF WEB USE
- The access and use of the rfranco.com web page and every sub-domain and directory included therein (hereinafter, jointly, the “Web”) are subject to the terms detailed in this Legal Notice.
For the purposes hereof, “web” shall mean the information viewed and/or transmitted (including, but not limited to, texts, commentaries, press news, video, sounds, image clips, images, databases, multimedia products, photographs, art works or renderings, productions and, in general, any other creation or content expressed by any means and/or tangible or intangible support, known at present or to be devised in the future, and whether subject to protection by the law in force pertaining to intellectual or industrial property, or any other similar rights – collectively, the “Content” – which, due to its selection or layout, is an intellectual creation that may be protected pursuant to article 12 of the Intellectual Property Law (Consolidated) (Texto Refundido de la Ley de Propiedad Intelectual).
- The User expressly accepts with no exception whatsoever that the access and use of this Web and of the Content therein is under the sole and exclusive liability of the User vis-à-vis RFRANCO and any third party. The said liability includes any log-in which may be required to access certain services or contents. In the said log-in, the User shall be liable to provide true and legitimate information. As a result of the said log-in, the User may be provided with a password of which s/he shall be responsible, undertaking to make diligent and confidential use thereof.
- The access to this Web has an open nature, except for those areas with restricted access, and is free of charge, and its display and use do not require any prior subscription, registry or contracting.
- The User undertakes to use the Web in a diligent and correct fashion, and undertakes not to use it in any of, but not limited to, the following ways:
- doing anything which may be against the law, public morality, accepted best behaviours or the established public order;
- disseminating contents or propaganda that is racist, xenophobic, illegal-pornographic, which supports terrorism or which constitutes an attack on human rights;
- causing damage to the physical and logical systems belonging to RFRANCO, its suppliers or third parties, due to the introduction or spreading of computer virus, either in the network or in any other physical or logical systems which may cause the foregoing damage;
- trying and accessing and, as the case may be, using other users’ e-mail accounts and changing or manipulating their messages; and
- with purposes or effects that are illegal, forbidden or harmful for the rights and interests of third parties, RFRANCO waiving any liability which may arise from the foregoing.
The User shall not be allowed to copy, distribute (including e-mails and the Internet), transmit, communicate, modify, alter, transform, assign or display in any other way activities which entail the commercial or illicit use of the Web or of its Content, or of any of the elements that partially or totally comprise it.
- The User acknowledges that RFRANCO neither assigns nor transfers to the User any right whatsoever in the Web or the Content, nor in the Registered Trade Marks which may appear therein, including any property of third parties. RFRANCO only allows the User to access and use the Web, and to access the Content which may be incorporated therein, pursuant to the terms set forth in this Legal Notice. Any alteration of this Web by the User that may affect its Content, such as links or similar features, is expressly forbidden.
- This information is disseminated solely for informative purposes, and RFRANCO reserves the right to totally or partially delete or suspend its display, as well as to modify the Web structure and content without prior notice, even being entitled to limit or not allow access to the said information. The purpose is to maintain the quality and updating of this information and to prevent and minimise potential errors due to technical failure. Nevertheless, RFRANCO does not guarantee that access to this Web may not be interrupted or affected by the said failure. RFRANCO reserves the power to make, at any time and without prior notice, any modification or updating of the information contained in the Web or it its set-up and display. RFRANCO takes no liability for the opinions expressed by third parties through the tools provided or which may be provided in the future in its Web (chat services, discussion forums or news groups), nor shall be liable for the Content of any web site linked through the said tools. RFRANCO shall ensure that the contents in this Web are neither pornographic, xenophobic, discriminatory or racist, nor encourage violence.
RFRANCO reserves the right to remove any comment or contribution made by the User which may infringe respect for human dignity, which are discriminatory, xenophobic, racist, pornographic, which attack young people or children, public order or safety or which, in RFRANCO’s opinion, are not suitable to be published. In any event, RFRANCO shall not be liable for the opinions expressed by users through forums, chats or other participatory tools.
RFRANCO provides the User, within the context of this Web, with access to different information pertaining to its products, activities and services. No purchasing or contracting of products or services may be done on-line from the Web. RFRANCO, as the case may be, reserves the right to change the prices for products and services set forth in the Web without prior notice. Any offer, promotion and bargain shall be subject, as the case may be, to meeting the terms and limited number of units as stated in the Web; nevertheless, access to the information about them through the Web shall not mean a reservation, order o execution or any transaction whatsoever, as the user should address the relevant distributor. Likewise, and as the case may be, RFRANCO reserves the right to modify, without prior notice, any of the details and specifications (such as sale prices, technical details, etc.) displayed on this Web.
RFRANCO observes the guidelines of the Organic Law 15/1999, dated December 13th, on the Protection of Personal Details (“Protección de Datos de Carácter Personal”), Royal Decree 1720/2007, dated December 21st, passing the Regulations that develop the Organic Law and other laws in force for the time being, and ensures the correct use and treatment of Users’ personal details. For this purpose, next to each form to be completed with personal details in the services that the User may require from RFRANCO, the User shall be informed of the existence and acceptance of the specific terms of the treatment of their details in each case, providing information of the liability for the file created, the address of the responsible entity, the availability of the rights to access, rectify, cancel or oppose, the purpose of data treatment and any communication of data to third parties, as the case may be. Likewise, RFRANCO informs that it complies with Act 34/2002, dated July 11th, on the Services of the Information Society and Electronic Commerce, and will ask for user consent to treat their e-mail for commercial purposes at all times.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
RFRANCO and the RFRANCO Group of Companies are the holders of all intellectual property rights on the Web contents. The User shall refrain from using for any other purpose different from the purpose of the Web any kind of materials or contents which may be accessible thereof.
Every content included in the www.rfranco.com Web, including visual appearance, texts, images, graphics, gifs, icons and other sensory stimuli in the web pages that make up the Web, as well as the design, structure, browsing architecture, web page source codes, photographs, recordings, computer programmes or software and its programming (hereinafter, the “Software”), database, technology, know-how, marks, distinctive signs and logos, or the contents corresponding to the companies comprising it, is the exclusive property of RFRANCO and the RFRANCO Group of Companies.
The contents and the works reproduced in this web owned by RFRANCO and the RFRANCO Group of Companies are protected by intellectual property law. Total or partial reproduction is forbidden, except in the events and with the limits that may be expressly authorised.
As regards quoting third parties’ products and/or services, RFRANCO acknowledges in favour of their holders the relevant industrial or intellectual property rights, so that its mere mention or appearance in the Web does neither involve the existence of any rights or liability whatsoever therein, nor the support, sponsorship or recommendation thereof, unless so expressly specified.
None of these items may be reproduced, modified, transmitted, distributed, assigned, commercialised or used in any other way with a commercial or public purpose, by any electronic or mechanic means, or by any other system to reproduce information.
The User acknowledges and accepts that in the Web the rights are protected by the applicable law pertaining to intellectual and industrial property, the rights to exploit the commercial and advertising value of images and other similar rights.
This Web may contain links to other portals or web sites not managed by RFRANCO. RFRANCO states that it has no control whatsoever upon the said portals or web sites, and may not be held liable for the content therein. The links that may be included in this Web shall be solely offered for informational reference, in order to provide access to other content deemed interesting. RFRANCO takes no direct or indirect liability whatsoever regarding the lawfulness, truthfulness, utility, quality or reliability of the content which is not directly managed or controlled by them, although they may be accessed through the Web. Providing these links does in no event imply the existence of any relationship between RFRANCO and the owner of the relevant web, nor does it mean acceptance and approval of its contents or services by RFRANCO.
- LIMIT OF LIABILITY
- RFRANCO takes no liability whatsoever arising from the connection or contents in third party links and/or performed by third parties referred to on the RFRANCO is solely and exclusively liable for the content in this Web originated in RFRANCO and, in no event whatsoever, of any contents that may have been introduced by unauthorised third parties.
- Both access to this Web and the use of the information contained therein is the sole responsibility of the person performing it. Users shall be liable for any action performed when browsing therein, and for the custody of their passwords, as the case may be.
- RFRANCO takes no liability whatsoever for potential security errors or damages that may be caused to the User computer system (hardware and software), the files or documents stored therein, as a result of the presence of virus in the User’s computer used to connect to the Web contents, browser malfunction or the use of not updated versions thereof. Although our data are regularly updated, RFRANCO does not guarantee the absence of errors, omissions or inaccuracies in the access to this Web, its content, or its updating; however, it shall make every effort to prevent, correct or update them, as the case may be.
- RFRANCO takes no liability for damage of any nature that may be suffered by the User or a third party arising from:
- the lack of availability, maintenance or actual operation of the Web or its contents;
- the lack of utility, truthfulness, sincerity, adequacy or validity of the Web or its contents to meet User needs or expectations;
- a third party, breaching the security measures available, using the Web, its contents to send virus, or accessing to perform non-authorised treatment of the data stored;
- in general, from any use of the Web and/or the contents that may be made by the User or a third party, against the terms to access and use them as set forth herein.
- RFRANCO reserves the right to make without prior notice any change deemed appropriate in its Web, being able to change, delete or add any content and service provided through it, as well as the way they are displayed or located on its Web.
- RFRANCO shall prosecute the breach of these terms and any undue use of its Web, by any civil or criminal action that may be legally available.
- RFRANCO may modify at all times the terms set forth herein, being duly published as displayed. The said terms shall be in force for as long as they are displayed until modified by other duly published terms.
- APPLICABLE LAW AND JURISDICTION
These General Terms shall be governed by the Spanish law.
RFRANCO and the User, expressly waiving to any other jurisdiction, accept that the law governing these terms is the Spanish law to settle any dispute or issue related to this Web or the activities developed therein, and agree to submit to the jurisdiction of the courts of Madrid (Spain) in order to settle any dispute or litigation that may arise thereof.