OSBORNE DISTRIBUIDORA, S.A.U. (hereinafter, “OSBORNE”), a Spanish company, with tax identification number (C.I.F.) A-28318871 and registered office at Calle Salvatierra 6, 28034 Madrid, registered in the Mercantile Registry of Cadiz, in Volume 4051, folio 114, Sheet M-67447, hereby notifies you of the general terms and conditions (hereinafter, the “General Terms and Conditions”) governing use of the website (hereinafter, the “Website”) that OSBORNE makes available to Internet users at no charge.
1. GENERAL TERMS AND CONDITIONS AND THEIR ACCEPTANCE
By using this site you become a user of it (hereinafter, the “User”), expressly accepting, in full and without reservation, all of the General Terms and Conditions, in the version published by OSBORNE at the time that you access our website. Users should therefore read these General Terms and Conditions carefully each time that they intend to use our website.
The use of this Service is also subject to all of the warnings, regulations of use and instructions communicated to the User by OSBORNE that complement the provisions of these General Terms and Conditions, to the extent that they do not contradict them.
OSBORNE reserves the right to deny or withdraw access to its website, at any time and with no requirement for advance notification, to any Users who fail to comply with these General Terms and Conditions or any applicable Specific Terms and Conditions.
2. TERMS AND CONDITIONS FOR ACCESSING THE WEBSITE
Users are responsible for their use of the portal. This responsibility extends to registering to access any services or content that require this, in which case the User is responsible for providing accurate and truthful information. Upon registration, Users will be provided with a password, for which they will be responsible, undertaking to use this diligently and confidentially.
3. DECLARATIONS AND USES RELATED TO THE WEBSITE
3.1. – Declarations by OSBORNE and limitation of liability
OSBORNE shall accept no responsibility for any damage or injury to electronic equipment and data, or of any other kind, that might be caused to Users accessing the content of this site, such as, but not limited to: errors or omissions in the content, lack of availability of the portal and the ongoing availability of the website and its services, or the transmission of viruses or malware through its content, despite having implemented the technological measures needed to avoid these. Without prejudice to the above, and when reasonably possible, OSBORNE shall report any disruption to the operation of our website and the services in advance.
3.2. – Undertaking by the User
The User undertakes to use the website faithfully, correctly and legally, in particular undertaking to use the content and services that OSBORNE makes available through its portal adequately, such as, but not limited to:
(a) Not removing, hiding or interfering in any way with copyright, brands and other marks identifying the rights of OSBORNE or other holders included in the content or products marketed on our website, and the technological protection devices, digital fingerprints and other IT mechanisms that they may contain.
(b) Not using the content of our website, particularly the information it provides, to send advertising or communications for direct marketing purposes, or for any other commercial purpose, or spam aimed at multiple recipients.
(c) Not reproducing, copying, distributing or permitting public access through any form of public communication, or transforming or modifying the content, without the permission of the holder of the rights thereto, unless otherwise legally permitted.
(d) Not using the content, in general, in any way or for any purpose that contravenes the law, decency or generally accepted standards of behaviour. This specifically includes involvement in derogatory activities, such as, but not limited to, spreading content or propaganda that is racist, xenophobic, illegally pornographic, an apology for terrorism or in contravention of human rights, or that infringes the dignity of the person, or that is otherwise discriminatory, xenophobic, racist, pornographic, or abusive of young people or children, public order and security, or that might be considered inappropriate for publication in any other way.
(e) Not causing damage to the physical and electronic systems of OSBORNE, its suppliers and others, or posting or spreading any viruses or other physical or electronic systems capable of causing such damage.
(f) Not seeking to access or use the email accounts of other users or modifying or manipulating their messages.
OSBORNE shall not be held responsible for the opinions voiced by Users through any channels made available for their participation, reserving the right to delete any comments or contributions that are inappropriate for publication pursuant to the foregoing considerations.
OSBORNE reserves the right to deny or withdraw access to the portal and services offered for any Users who fail to comply with these General Terms and Conditions, with no requirement for advance notification, on its own account or at the instigation of others.
OSBORNE shall undertake the actions available to it in law relating to failure to comply with these terms and conditions, and any other undue use of its portal.
3.3. – Use of the contents of the website and intellectual property
OSBORNE is the owner of the website. Unless stated otherwise, OSBORNE is the owner of all of the intellectual and industrial property rights to the content of this website, including, but not limited to, databases, brands, signs, logos, images, drawings, graphics, text, photographs, distinguishing marks, html code, audio, video, musical creations, sounds, images and software) and, in general, all creations expressed in any means or in any form, whether tangible or intangible, currently available or that may become available in future, which are covered by domestic and international intellectual and industrial property rights, among others.
Therefore, its content may not be manipulated in any way (modified, copied, altered, reproduced, transmitted, adapted, translated or changed in any other manner) by the user or any third party, whether in part or in full, without express permission from OSBORNE.
The provision of the services and publication of the content through the website shall not under any circumstances imply the assignment, renunciation or transfer of the related intellectual and industrial property rights, whether in part or in full.
No parts of this website may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in full or in part, through any manual, electronic or mechanical means or method (including photocopying, recording or any other system of information storage and retrieval), in any form currently available or that may become available in future.
OSBORNE does not grant any licence or authorisation for use of any kind over its industrial and intellectual property rights or any other property or rights related to the website.
The User may only use the services and content on the website exclusively for personal purposes, except as set down by OSBORNE in these Specific Terms and Conditions to regulate the use of particular services or content provided through the website.
In the event of any culpable or negligent action or omission directly or indirectly attributable to the user of the website resulting in a breach of OSBORNE’s intellectual and industrial property rights, whether to the benefit of the user or not, resulting in damage, losses, joint and several liability, costs of any kind, sanctions, corrective measures, fines or other amounts arising from any claim, lawsuit, action or proceedings, whether civil, criminal or administrative, OSBORNE shall be entitled to take action against the User through all legal channels available to it to reclaim: compensation, including, but not limited to, damage to its reputation or image, emerging damage and loss of profits, publicity costs and others of any kind that might be required to remedy such situations; the costs of penalties and adverse legal rulings; late-payment interest; financing costs for such amounts that might accrue for the other party; and legal costs and defence costs in any proceedings that may arise as a result of any of the aforementioned. The foregoing is without prejudice to OSBORNE’s right to exercise any other actions available to it in law.
3.4. Procedure in the event of breach of intellectual property
If a User or third party considers that any of the content on the website breaches their intellectual property rights, they must notify OSBORNE of this, with full and precise details of themselves and the intellectual property rights allegedly infringed, and the website involved.
3.5. Acceptability of links and hyperlinks and limitation of liability to third-party websites
OSBORNE shall not be liable, whether directly or indirectly, for any links, banners or buttons that enable users to access websites, features or services offered by third parties not belonging to, or under the control of, OSBORNE through the website. OSBORNE shall not be liable for the information contained in these or for any effects that might derive from such information.
4. PERSONAL DATA PROTECTION
5. APPLICABLE LAW AND JURISDICTION.
This website has been created under the laws and advertising codes of practice of Spain. It is therefore subject to Spanish law.
OSBORNE and the User, expressly waiving any entitlement to any other jurisdiction, shall submit to the jurisdiction of the courts of the city of Madrid for any disputes that might arise out of the provision of the services set out in these General Terms and Conditions.